reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 1 - GENERAL PROVISIONS › Section 1.24.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Terms
				beginning with the letter "A":
(1)
"Agency"
means any agency, board, commission, department,
				institution or officer of the state government except the judicial and
				legislative branches (Subsection A of Section
				14-4-2
				NMSA 1978).
(2)
"Amendment"
means a change or modification to the existing text of a
				rule. An amendment can be no less than a section. A repeal of less than a part
				is an amendment.
(3)
"Annotation"
means referenced material that is not part of the rule,
				located in brackets at the end of a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies. General provisions, including applicable
				  definitions, are found in 1.24.1 NMAC. There are additional requirements on
				  submitting a rule filing for publication in the New Mexico register (see
				  1.24.15 NMAC), for emergency rule filings (see 1.24.20 NMAC) and for transition
				  to a new NMAC structure (see 1.24.11 NMAC).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  14-4-7.2
				  NMSA 1978 directs the state records administrator to create and publish a New
				  Mexico administrative code, and to adopt regulations setting forth procedures
				  for compiling the code and prescribing the format and structure of the code.
				  Section
				  14-4-3
				  NMSA 1978 directs that promulgated rules shall be in style and format required
				  by and delivered to the state records administrator together with a concise
				  explanatory statement to be filed noting the date and hour of
				  filing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards for
				  uniform rule filings in an easily understood and common format. These standards
				  are designed to ensure that rules are readily identifiable and available for
				  public inspection; that each rule filing can be historically traced from its
				  current status back to the original rule filing; and that rule filings are
				  structured for expeditious compilation into the NMAC. The NMAC is designed to
				  promote access and assist research by adopting a system for uniformly
				  organizing state rules that facilitates fully searchable electronic access.
				  Additionally, it is designed to facilitate electronic publication and
				  availability via the internet.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.8 - NMAC STRUCTURE AND IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The NMAC, a hierarchical structure, is
				divided into titles, chapters and parts, on the basis of subject matter. A
				title broadly organizes related governmental rule material in the first level
				of the hierarchy. The title is divided into chapters that identify distinct
				governmental functions. The chapter is divided into parts. The part relates to
				specific subject matter. It is at this level that rules are organized. The part
				is subdivided into sections. The section may be further subdivided into
				subsections, paragraphs and sub-paragraphs.
B. Each division of the NMAC through the
				section level shall have a name and number.
(1) The names and numbers of NMAC titles are
				listed in
				1.24.10.26
				NMAC, TABLE OF CONTENTS. Chapter names and numbers shall be assigned and
				maintained by the records center.
(2) The individual number of a title,
				chapter, part or section shall be expressed as a whole number. Titles shall be
				limited to two arabic digits; chapters shall be limited to three arabic digits;
				and parts and sections shall be limited to four arabic digits.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.9 - NMAC CITATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				format for full citation of material contained in the NMAC shall be the name of
				the part, followed by a comma, a space, the name of the issuing agency,
				followed by a comma, a space, the title number, followed a period, the chapter
				number, followed by a period, the part number, followed by a period, the
				section number, a space and the initials "NMAC." The citation shall be followed
				by the effective date in parentheses. Example: Disclosure of Taxpayer
				Information, New Mexico Taxation and Revenue Department, 3.1.3.8 NMAC
				(10/31/1996)
B. A modified full
				citation where the name of the issuing agency is omitted from the citation may
				be used. Example: Disclosure of Taxpayer Information, 3.1.3.8 NMAC
				(10/31/1996)
C. The short-form
				citation of the NMAC is the title, chapter, part and section number separated
				by periods and followed by "NMAC". Example: 3.1.3.8 NMAC
D. Where a provision has been amended, the
				effective date shall be the effective date of the version that is being
				cited.
E. Where reference is to the
				whole part, the reference date shall be the original effective date together
				with the date of last amendment, i.e., (7/1/94 as amended through
				1/1/2000.)
F. Where citation below
				the level of a section is desired, designations below the section shall precede
				the citation. Example: Subsection A of 3.1.3.8 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.10 - ISSUING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				issuing authority is responsible for ensuring compliance with the requirements
				set forth in this part.
B. Where
				delegation is authorized, the agency may, by rule or formal appointment,
				specify an issuing authority other than that named in statute. The agency shall
				forward, in writing, the title, name and signature of the designee to the state
				records administrator. The agency shall notify, in writing, the state records
				administrator of any change in the designation. Designation shall only be made
				by the issuing authority. Formally appointed designees are not allowed to
				appoint other designees.
C. The
				administrative law division shall not accept a rule filing or a concise
				explanatory statement signed by other than the issuing authority, or a formally
				appointed designee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.11 - WHAT CONSTITUTES A RULE

Current through Register Vol. 35, No. 13, July 16, 2024
"Rule" and "proposed rule" have been defined and set forth
				  within statute (See Section
				  14-4-2
				  NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.12 - STYLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Style shall be
				guided by relevant portions of the current edition of the legislative drafting
				manual of the New Mexico legislature published by the New Mexico legislative
				council service. The following provisions are specifically adopted.
(1) Chapter 4, Bill Drafting, the portion
				dealing with brackets, line-through and underscoring shall apply to proposed
				amendments and amendments for publication in the New Mexico register. This
				style shall not be applied to the integrated part.
(2) Chapter 7, Legislative Style and Language
				Provisions, except for the portion dealing with numbers, formulas and charts,
				as set forth:
(a) use words for numbers zero
				to nine (except for dates, numbers with decimals, money or technical,
				scientific or statistical matter;
(b) use figures for numbers 10 and greater,
				except when beginning a sentence;
(c) spell out numerical figures when using
				percentages; the word "percent" shall be spelled out except in tables, which
				use the percent symbol (%); (e.g., twenty-five percent)
(d) spell out fractions standing alone (e.g.,
				one-half, one-third, etc.);
(e)
				insert a hyphen between the numerator and the denominator of a fraction, unless
				either element already contains a hyphen; do not spell out a portion of a
				fraction and express the other part as a figure; and
(f) use figures for fractions with numbers 10
				and greater.
(3) Figures
				and symbols may represent amounts of money. It is not necessary to spell out
				the number. If a sum of money is spelled out, follow the spelling with figures
				and money symbol ($) in parenthesis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.13 - ELECTRONIC STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Electronic storage media for rule filings shall be one of the following:
(1) USB-flash-drive; or
(2) CD; or,
(3) as an attachment via an e-mail
				address.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.14 - PAPER VERSION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Paper:
(1) Output shall be produced from, and not
				vary from, the electronic version of the rule filing.
(2) Size shall be 8.5 x 11 inches.
(3) Weight shall be a minimum of 20-lb. bond
				or copier paper.
(4) Color shall be
				white.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.15 - NMAC TRANSMITTAL FORM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each rule filing delivered to the records
				center shall be accompanied by a completed NMAC transmittal form in hard copy
				with an original signature in black ink or with a digital signature, as defined
				in Paragraph 1 of Subsection D of
				1.12.7.7
				NMAC.
B. The administrative law
				division shall provide agencies with blank NMAC transmittal forms in electronic
				format.
C. The filing agency shall
				complete the NMAC transmittal form and submit to the administrative law
				division for review and approval prior to adoption of any rulemaking.
D. The NMAC transmittal form shall not be
				handwritten and shall be suitable for reproduction.
E. The following shall appear on the NMAC
				transmittal form:
(1) issuing agency name and
				address;
(2) three digit DFA
				account code for the agency (if applicable);
(3) volume , issue, publication date in
				register for rule filing;
(4)
				contact person's name, phone number, and e-mail address;
(5) type of filing - i.e., new, amendment,
				renumber, repeal, repeal/replace or emergency filing;
(6) total number of pages;
(7) date(s) of any public hearing(s) on the
				proposed rule or amendment;
(8)
				effective date of the rule filing;
(9) NMAC title, chapter and part name and
				number;
(10) description of
				amendment (for amendment filing only, i.e. "amending two sections");
(11) amendment's NMAC citation (i.e.
				1.24.10.15 and 16 NMAC);
(12)
				sequence number and most recent filing date of the part (if applicable and
				designated for administrative law division use only);
(13) declaration of incorporated
				material;
(14) if reference
				materials are attached and are protected by copyright:
(a) indication if copyright permission was
				obtained;
(b) the proof of
				permission; or
(c) material is
				within the definition of public domain;
(15) specific statutory or other authority
				authorizing the rulemaking by the issuing agency to promulgate rules;
(16) any findings required by a provision of
				law for adoption of the rule;
(17)
				rule adoption date; and
(18) rule
				effective date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.16 - FILING A RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the time
				of filing the filing agency shall present the following, which has been
				reviewed and pre-approved by administrative law division:
(1) one paper version of the completed NMAC
				transmittal form;
(2) one
				electronic version of the text of the rule or amendment;
(3) one electronic version of the integrated
				part (if filing an amendment); and
(4) one electronic version of the billing
				information sheet.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.17 - REJECTED RULE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				administrative law division shall refuse to file written material if it is not
				a rule as defined in the State Rules Act or if the materials submitted for rule
				filing do not conform to the style and format requirements detailed in 1.24.10
				NMAC.
(1) Materials that are not rules may be
				filed as a publication.
(2) Rule
				filings that do not conform to style and format requirements shall be returned
				to the filing agency and shall not be filed or published in the New Mexico
				register.
(3) Rule filings that do
				not meet the minimum statutory time periods for notice of proposed rulemaking,
				public participation, and public comments shall be returned to the filing
				agency and shall not be filed or published in the New Mexico
				register.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.18 - AMENDMENTS OR REPEALS OF EXISTING RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Amendments to a part shall be prepared by
				the agency in such a manner as to provide for full- section addition,
				substitution or deletion. Parts shall only be amended by replacement, deletion
				or addition of whole sections. Deleting, replacing or adding words and
				sentences to a section shall be accomplished by replacement of the whole
				section.
(1) If a section contains entirely
				new material, unrelated to the material formerly contained in the section with
				the same NMAC number, then the former section shall be repealed.
The repeal shall be identified within the history note at the
				  end of the section with the appropriate notation (see
				  1.24.10.20
				  NMAC).
(2) An addition of a
				new section is an amendment to the part.
(3) If an entire part is being amended ,
				agencies shall have to file a repeal and replace of the part.
(4) The first sentence on the first page of
				the text of an amendment shall state, "This is an amendment to (insert
				appropriate title number, chapter number, part number) NMAC, Section (insert
				the section number of the amended sections), effective (insert appropriate
				effective date)." Example: This is an amendment to 1.12.10 NMAC, Sections 8, 9
				& 10, effective June 1, 2015.
(5) For clarity, agencies may precede the
				text of an amendment with an explanatory paragraph to be published in the New
				Mexico register but which shall not be part of the rule or may publish a
				synopsis thereof.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.19 - ERRORS IN THE NEW MEXICO ADMINISTRATIVE CODE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies may report errors at any time.
				Differences detected between the Official and compiled rules shall be reported
				to the administrative law division, in writing, as soon as possible.
B. The administrative law division shall
				effect correction of differences detected in the NMAC as soon as
				possible.
C. In instances where
				there is a difference between the filed rule and the NMAC, the filed rule
				prevails.
D. If the filed rule is
				in error it shall be corrected by agency amendment or by written authority by
				agency to correct minor stylistic changes (numerical, punctuation,
				misspellings) if caught by administrative law division post-fling.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.20 - HISTORY NOTE

Current through Register Vol. 35, No. 13, July 16, 2024
History notes facilitate the use of the NMAC and track the
				  historical development of a rule provision.
A. There shall be a history note appended at
				the end of each section.
B. The
				history note shall contain the original effective date of sections filed after
				the implementation of NMAC. It shall also detail all subsequent amendments and
				number changes by section. Standard notations identified in this section shall
				be used to minimally identify the types of modifications made to sections.
(1) History shall appear in chronological
				sequence in brackets at the end of each section. A semicolon shall separate
				each significant change noted in the sequence of a section's history.
				Significant changes are: an amendment; a section number or name change; and an
				insertion of new rule material at a section number where previously repealed
				material had been located. Minimum dates required for each change are:
(a) effective date of new material;
(b) effective date of amended
				sections;
(c) effective date of
				repealed material; and
(d)
				effective date of the change to section numbers and names.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.21 - HISTORY OF THE PART

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pre-NMAC history
is the first division of the history of the part
				and shall contain the pre-NMAC development of the rule material included in the
				part. The records center may add this material in brackets where it has not
				previously been part of the NMAC.
B.
History of repealed material
is the second division of the history of the part and shall contain repeals of
				NMAC parts or sections in full.
(1) When a
				section is repealed and not replaced, using the short form, followed by a
				space, a dash, a space, and then the word" repealed", a comma, a space and the
				effective date of the repeal.
(2)
				When only a section is repealed, and replaced, that history remains in the
				section history note.
(3) When a
				part is repealed, the history of the part shall identify the part using the
				short form and the name, followed by a space, a dash, a space, the word
				"repealed", a comma, a space, and the effective date of the repeal. The history
				of repealed material shall be retained in the NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.22 - MATERIAL REFERENCED IN RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The source of material, which is fully
				included in the text of the rule, may be given as a citation. Where there is no
				intent to include in the rule additional material by incorporation from the
				cited reference, the source material need not be attached.
B. Referenced material (including standards,
				codes and manuals) incorporated or adopted by rule must be filed as part of
				that rule which may be accomplished by attachment.
(1) Referenced material that has been
				formally published does not need to meet style and format requirements of
				1.24.10 NMAC. A copy of this formally published material must be
				filed.
(2) Other attachments must
				meet all style, format and fling requirements, including provision of an
				electronic copy, unless an exception has been granted pursuant to
				1.24.10.24
				NMAC.
(3) References to United
				States U.S. law shall be deemed to be references to the current version of such
				law, including subsequent amendments, unless otherwise expressly stated in the
				rule. References to U.S. law do not require submittal or a copy.
In lieu of submitting a paper copy of these references, the
				  issuing authority shall on the NMAC transmittal form list the references and
				  internet site. This information shall be verified by the records center at the
				  appropriate internet site to ensure access is available to users of the NMAC.
				  If an internet site is not available or cannot be located, one paper copy of
				  the attachment shall be filed with the rule for historical reference.
(4) Referenced material, other
				than U.S. law (including material referenced in New Mexico statutes or the
				NMAC), shall be the version filed with or referenced by the rule and shall not
				include any subsequent amendments or changes to the referenced material, unless
				otherwise expressly stated in the rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.23 - REFERENCES TO COPYRIGHTED MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
If an agency chooses to incorporate copyrighted material into
				  a rule, it shall receive permission from the copyright holder prior to such
				  incorporation. Such permission shall include the right to incorporate such
				  material into the NMAC and to have such material subject to the laws, rules and
				  contractual obligations of the state with respect to the NMAC. Any costs for
				  such permission shall be the responsibility of the incorporating agency. A copy
				  of such copyright permission shall be submitted with the filing. Failure to
				  provide copyright permission shall result in rejection of the rule
				  filing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.24 - EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Exceptions to any provision of 1.24.10 NMAC shall be
				  requested in writing to the state records administrator and may be approved by
				  the state records administrator on a filing-by-filing basis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.25 - PROCEDURE FOR APPROVAL OF NEW CHAPTERS AND PARTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a chapter on a specific subject does
				not exist in the NMAC hierarchy, an agency may send a written request to the
				state records administrator for the creation of a new chapter. If the state
				records administrator approves the request, a new chapter will be created in
				the NMAC.
B. In order to avoid any
				delay in filing a rule, agencies shall submit, in writing, proposed part names
				and numbers to the administrative law division of the records center. The
				administrative law division of the records center shall approve or reject
				proposed part names and numbers within two weeks or shall notify the agency of
				further delay in approval. When the administrative law division of the records
				center rejects part names and numbers, it shall propose alternative names and
				numbers for submitted parts and state the reason why the proposed names and
				numbers were unsatisfactory.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 10 - NEW MEXICO ADMINISTRATIVE CODE › Section 1.24.10.26 - NMAC TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Code Titles
1
				General Government Administration
2
				Public Finance
3 Taxation
4 Cultural Resources
5 Post-Secondary Education
6 Primary and Secondary Education
7 Health
8 Social Services
9 Human Rights
10 Public Safety and Law
				Enforcement
11 Labor and Workers'
				Compensation
12 Trade, Commerce and
				Banking
13 Insurance
14 Housing and Construction
15 Gambling and Liquor Control
16 Occupational and Professional
				Licensing
17 Public Utilities and
				Utility Services
18 Transportation
				and Highways
19 Natural Resources
				and Wildlife
20 Environmental
				Protection
21 Agriculture and
				Ranching
22 Courts
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies. General provisions, including applicable
				  definitions, are found in 1.24.1 NMAC. There are additional standards and
				  procedures for uniform rule filings (see 1.24.10 NMAC); submitting a rule
				  filing for publication in the New Mexico register (see 1.24.15 NMAC) and
				  requirements for emergency rule filings (see 1.24.20 NMAC).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  14-4-7.2
				  NMSA 1978 directs the state records administrator to create and publish a New
				  Mexico administrative code, and to adopt regulations setting forth procedures
				  for compiling the code and prescribing the format and structure of the code.
				  Section
				  14-4-3
				  NMSA 1978 directs that each agency of the executive branch of state government
				  promulgating any rule shall place the rule in the format and style required by
				  rule of the records center and shall deliver one original paper copy and one
				  electronic copy to the records center.
[The attorney general's advisory letter dated November 16,
				  1999 provides guidance on public notice and publication requirements used in
				  the development of 1.24.11 NMAC.]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 29, 2000 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for compiling rules due to reorganization of the NMAC in accordance
				  with 1.24.10 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
See
				  1.24.1.7 NMAC for
				  applicable definitions
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.8 - REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The state records administrator, in administering the State
				  Rules Act, may restructure rules in the NMAC as necessary to create a useful
				  compilation of state rules. Restructuring shall be undertaken only to improve
				  the usability of the NMAC. The impact to affected agencies shall be minimized
				  to the extent possible.
A. The records
				center shall restructure, as necessary, all rules that result from
				modifications to the NMAC structure, including but not limited to:
(1) changing title, chapter and part numbers;
				and
(2) adding information such as
				new section names, numbers and history notes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.9 - REFORMATTING

Current through Register Vol. 35, No. 13, July 16, 2024
After NMAC style and format requirements are modified, the
				  records center shall cause affected rules to be reformatted into the current
				  NMAC style and format.
A. The records
				center may format current rules not conforming to 1.24.10 NMAC and submit them
				to the issuing authority for review and approval. The agency shall have 30 days
				from this notice to submit written comments to the state records administrator.
				If the agency fails to submit written comments, the reformat shall be deemed
				approved 31 days after submission of the rules to the agency. The reformatted
				rule is only prima facie evidence of the originally filed rule.
(1) Current rules not in NMAC style and
				format shall be assigned NMAC title, chapter and part numbers.
(2) Where required Sections 1 through 7 are
				missing, they shall be added and information supplied from existing rule
				material. When information for the required sections is not available from
				existing rule material, text from reliable sources may be added so long as it
				is presented in brackets until such time as the issuing authority formally
				promulgates the rule. Bracketed information is added to facilitate
				understanding and shall not be considered official rule text.
(3) The records center shall provide the
				agency an electronic version of each reformatted part compiled into the NMAC
				under this section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.10 - NMAC RESTRUCTURING

Current through Register Vol. 35, No. 13, July 16, 2024
If there is a compelling reason for restructuring any portion
				  of the NMAC, the records center and the affected agency or agencies shall come
				  to a consensus and make a written agreement detailing the changes; and
A. if the restructuring was requested by the
				affected agency or agencies, the affected agency or agencies shall publish a
				notice of the changes in the New Mexico register; or
B. if the restructuring was requested by the
				records center, the records center shall publish a notice of the changes in the
				New Mexico register.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 11 - NEW MEXICO ADMINISTRATIVE CODE (NMAC) REVISIONS › Section 1.24.11.11 - HISTORY NOTE AND HISTORY OF THE PART

Current through Register Vol. 35, No. 13, July 16, 2024
The records center may update the history note and history of
				  the part, as necessary.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies. General provisions, including applicable
				  definitions, are found in 1.24.1 NMAC. There are additional requirements on
				  submitting a rule filing to the records center, see 1.24.10
				  NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section
				  14-4-7.1 NMSA
				  1978 directs the state records administrator to adopt and promulgate rules
				  necessary for the implementation and administration of the New Mexico
				  register.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The State Rules Act, Section
				  14-4-1 et
				  seq. NMSA 1978, directs the state records administrator to publish a state
				  register twice a month for notices of rule-making, proposed rules, adopted
				  rules and other material relative to administrative law. The register provides
				  a method for informing the public of rule-making activity within the executive
				  branch of state government.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.8 - REQUIREMENTS FOR AGENCIES RELATIVE TO PUBLISHING NOTICES AND RULES IN THE NEW MEXICO REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Agencies shall publish in the New Mexico register:
(1) notices of rule-making; and
(2) adopted rules filed with the
				administrative law division of the state records center under the State Rules
				Act, either in full text, short-form publication or in synopsis; synopses shall
				have prior approval of the state records administrator and such approval shall
				also be published;
(3) emergency
				rules.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.9 - Requirements for NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
All notices submitted for filing must conform to the
				  following requirements:
A. The content
				of any notice of proposed rulemaking must have at least the following:
(1) name of agency holding the
				hearing;
(2) a summary of or the
				actual full text of the proposed rule;
(3) a short explanation of the purpose of the
				proposed rule;
(4) a citation to
				specific legal authority authorizing the proposed rule and the adoption of the
				proposed rule;
(5) information on
				how a copy of full text of proposed rule may be obtained , if full text is not
				already included within the body of the notice;
(6) information on how a person may comment
				on proposed rule, where comments will be received and when comments are
				due;
(7) where and when the public
				rule hearing will be held, that includes the address, date and time and how a
				person may participate in the hearing;
(8) a citation to technical information, if
				any, that serves as a basis for the proposed rule and information on how the
				full text of the technical information may be obtained, if not already included
				within the body of the notice;
(9)
				an internet link providing free access to the full text of the proposed rule,
				if full text is not already included within the body of the notice.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.10 - REQUIREMENTS FOR SYNOPSES

Current through Register Vol. 35, No. 13, July 16, 2024
Synopses of adopted rules must be certified as giving
				  adequate notice of the contents of the rule. If an agency chooses to submit to
				  the register a synopsis of an adopted rule in place of the full text it
				  shall:
A. Have legal counsel (the
				in-house attorney or its assigned assistant attorney general) review the
				synopsis for its adequacy of notice.
B. Have legal counsel certify that the
				synopsis gives adequate notice of the content of the rule, considering at least
				the following:
(1) whether the subject matter
				is fully disclosed;
(2) whether the
				persons affected are fully disclosed;
(3) whether the interests of the persons
				affected are described;
(4) whether
				geographical applicability is clearly stated;
(5) where a rule incorporates commercially
				published material (such as the Code of Federal Regulations, Uniform Plumbing
				Code, etc.) and such material is a substantial portion of the rule, whether
				such material is clearly identified in the synopsis;
(6) whether the telephone number and address
				of the issuing agency or a URL are provided for obtaining the full text of the
				rule; and
(7) whether the effective
				date of the rule is clearly stated.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.11 - REQUIREMENTS FOR SHORT-FORM PUBLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where a part is amended, an agency may
				select to publish just the section being modified.
B. Where changes are minor, an agency may
				choose to publish only the full text that is actually being changed.
(1) When less than a section is proposed to
				be published, the agency shall provide an explanatory paragraph describing the
				context and effect of the amendment.
(2) The full text of all changes being made
				by the amendment shall be published. At a minimum the published text shall be a
				full paragraph, but not less than a sentence.
(3) Legal counsel shall review any
				explanatory paragraph to ensure that the publication gives adequate notice of
				the amendment. In reviewing adequacy of notice, legal counsel shall consider
				the same elements as contained in
				1.24.15.9
				NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.12 - TECHNICAL REQUIREMENTS FOR PUBLISHING IN THE NEW MEXICO REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All agencies shall
				submit adopted rules in electronic format according to criteria established in
				1.24.10.13
				NMAC. Where requirements of 1.24.10 NMAC are met, referenced material need not
				otherwise be included. Electronic copies of notices and proposed rules may be
				submitted via e-mail, provided a paper copy is also faxed to the records
				center.
B. Each rule fling or
				notice shall be accompanied by a separate electronic document called the
				billing information sheet that contains the following information:
(1) agency and division (if applicable)
				names;
(2) three-digit agency DFA
				account code (for billing);
(3)
				contact person's name, address, phone number and e-mail address;
(4) part name(s) or document
				name(s);
(5) part number(s), if
				applicable;
(6) file names of
				electronic documents with application extension;
(7) New Mexico register volume number, issue
				number, and publication date;
(8)
				name of assigned administrative law division analyst; and
(9) purchase order number.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.13 - CHARGES FOR PUBLISHING IN THE NEW MEXICO REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
There shall be a $3.00 per column inch charge to agencies
				  publishing material in the New Mexico register. All material shall be published
				  in the New Mexico register shall use Word document Times New Roman, 10-point
				  font.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 15 - NEW MEXICO REGISTER › Section 1.24.15.14 - FEES FOR COPIES OF THE NEW MEXICO REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Individual copies of the New Mexico
				register shall be $12.00.
B. Annual
				paper subscription fees for the New Mexico register shall be $270.00.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Office of the Attorney General, 408 Galisteo
				  Street, Santa Fe, NM 87501.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
State agencies that have not adopted their own procedural
				  rules consistent with the State Rules Act, Sections
				  14-4-1 to
				  -11 NMSA 1978 (1967, as amended through 2017).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 10, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide default procedural rules for public rule hearings
				  for use by agencies that have not adopted their own procedural rules consistent
				  with the State Rules Act and to facilitate public engagement with the
				  administrative rulemaking process in a transparent, organized, and fair
				  manner.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  14-4-2
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.8 - AGENCY ADOPTION OF PROCEDURAL RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies that have not adopted their own
				procedural rules consistent with the State Rules Act shall apply these default
				rules, until such time as they have adopted their own rules.
B. Agencies may adopt these default rules, in
				whole or in part as their own, or continue to use their existing rules, so long
				as those rules satisfy the requirements of the State Rules Act and provide as
				much opportunity for public participation as provided by these rules.
C. Agencies that adopt their own rules must
				submit a copy to the office of the attorney general within 30 calendar days of
				adoption, and post a copy of those rules on the agency's website, if one
				exists.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.9 - INITIATION OF THE RULEMAKING PROCESS BY AN AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rulemaking process may be initiated by
				an agency when a notice for a rule hearing is publicly posted pursuant to this
				rule.
B. The agency shall proceed
				with the rulemaking process by posting public notice, publishing the proposed
				rule for comment, and setting a public rule hearing in accordance with the
				State Rules Act and any other applicable law.
C. If the agency is a public body subject to
				the Open Meetings Act, the decision to initiate the rulemaking process must be
				an action taken by vote of the public body in open session.
D. Once the agency initiates the rulemaking
				process, the agency must maintain a record as prescribed in Section
				14-4-5.4
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.10 - INITIATION OF THE RULEMAKING PROCESS BY THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may file a petition for
				rulemaking with an agency.
B. A
				petition for rulemaking shall be made in writing and include an explanation of
				the purpose or statement of reasons for the proposed rule. A petition shall
				include a citation to the legal authority authorizing the agency to adopt the
				rule and a copy of or citation to technical information, if any, that serves as
				the basis for the proposed rule. A petition should be as clear as possible and
				may include the proposed rule in underline and strikethrough format, consistent
				with requirements of the state records administrator.
C. The agency to which a petition is made
				shall, if required by law, consider the petition and make a determination
				whether to grant or deny the petition. If the agency denies the petition, it
				shall issue a concise written statement explaining its reason for denial. No
				affirmative duty to respond to a public petition is created by these rules. If
				a public right to petition an agency exists in law, the agency must follow all
				timelines or responses governed by law of the agency.
D. If the agency is a public body subject to
				the Open Meetings Act, the decision to grant a petition must be an action taken
				by vote of the public body in open session.
E. Once the agency initiates the rulemaking
				process, the agency must maintain a record as prescribed in Section
				14-4-5.4
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.11 - RULEMAKING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The agency shall provide to the public, as defined in Section
				  14-4-2
				  NMSA 1978, notice of the proposed rulemaking a minimum of 30 calendar days
				  prior to the public rule hearing and in accordance with requirements of Section
				  14-4-5.2
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 24 - RULES › Part 25 - DEFAULT PROCEDURAL RULE FOR RULEMAKING › Section 1.24.25.12 - WRITTEN COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The public comment period must be at least 30 calendar days, beginning after
				publication of the notice in the New Mexico register and issuance of the
				rulemaking notice. The agency shall not adopt a proposed rule before the end of
				the public comment period.
B. A
				person may submit, by mail or electronic form, written comments on a proposed
				rule, and those comments shall be made part of the record. Written comments may
				be submitted through the end of the public comment period.
C. The agency may decide to amend the comment
				period if it provides to the public, as defined in Section
				14-4-2
				NMSA 1978, notice of the changes.
D. The agency shall post all written comments
				on its website, if one exists, as soon as practicable, and no more than 3
				business days following receipt to allow for public review. All written
				comments received by the agency shall also be available for public inspection
				at the main office of the agency.