Section 7. Definitions

As used in this rule: A. “Authorized officer” means a public officer or employee who is required or permitted by law or by lawful delegation of authority pursuant to this rule to sign contracts, vouchers, purchase orders or other financial commitments on behalf of a state agency. B. “Contracts officer” means an employee of the department of finance and administration designated as contracts officer by the secretary of finance and administration. C. “Facsimile signature” means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of the authorized officer. D. “Signed” or “executed” means affixed with any of the following: (1) the manual signature of an individual; and (2) the facsimile signature of an individual; (3) the electronic signature of an individual procured through a third-party document-signing service; or (4) the name of an individual, typewritten on the signature line of a document using word processing software and accompanied with another writing confirming that individual’s approval of such document, including without limitation an e-mail to that effect. E. “State agency” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities, or institutions required to submit contracts or vouchers to the department of finance and administration for approval. [2.20.2.7 NMAC - Rp, 2 NMAC 20.2.7, 3/23/2021] 2.20.2 NMAC 2 2.20.2.8 EXECUTION OF CONTRACTS, VOUCHERS AND PURCHASE ORDERS - AUTHORIZED SIGNATURES: A. The department of finance and administration will not approve any contract, voucher, travel voucher, purchase order or other financial commitment of any state agency required pursuant to 2.20.3 NMAC and 2.40.2 NMAC, to submit its voucher or contract to the department for approval unless the contract, voucher, travel voucher, purchase order or other financial commitment has been executed by an authorized officer of the agency. B dministration will not approve any contract, voucher, travel voucher, purchase order or other financial commitment of any state agency required pursuant to 2.20.3 NMAC and 2.40.2 NMAC, to submit its voucher or contract to the department for approval unless the contract, voucher, travel voucher, purchase order or other financial commitment has been executed by an authorized officer of the agency. B. The authority to execute contracts, vouchers, purchase orders, travel vouchers or other financial commitments may be delegated unless provided otherwise by law to any officer or employee of the state agency, but such delegation shall: (1) be in writing; (2) state whether the delegated power may be subdelegated to another officer or employee of the state agency; (3) automatically terminate on whichever date occurs earliest; (a) the date the term of office of the delegating secretary or other chief financial officer ends; or (b) annually on June 30; and (4) be on file with the contracts officer of the department of finance and administration (for contracts); and (5) be on file with the financial control division of the department of finance and administration. C. A written delegation of authority to execute contracts, vouchers, travel vouchers, purchase orders or other financial commitments may contain such limitations or conditions as the delegating authorized officer may deem appropriate. D. No authorized officer shall delegate to any other person authority to sign the authorized officer’s signature. E. Nothing in this rule shall prevent the use of facsimile, printed or typed signature of the secretary or chief financial officer on a copy of a contract, voucher, travel voucher, purchase order or other financial commitment.