New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.10 - ADVISORY BOARD PUBLIC HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Public hearing requirement:
The advisory board shall convene by public hearing at least twice per year to
				accept and review petitions requesting the inclusion of medical conditions,
				medical treatments or diseases to the list of debilitating medical conditions.
				Any meeting consisting of a quorum of the advisory board members held for the
				purpose of evaluating, discussing or otherwise formulating specific opinions
				concerning the recommendation of a petition filed pursuant to this rule, shall
				be declared a public hearing open to the public at all times, unless a portion
				of the hearing is closed to protect information made confidential by applicable
				state or federal laws. A petitioner or his or her representative may request to
				close a portion of the hearing to protect the disclosure of confidential
				information by submitting their request in writing and having that request
				delivered to medical cannabis program staff at least 48 hours prior to the
				hearing.
B.
Location of the
				public hearing:
Unless otherwise ordered by the advisory board, the
				public hearing shall be in held in New Mexico at a location sufficient to
				accommodate the anticipated audience.
C.
Public hearing notice:
The
				medical cannabis program manager or designee shall, upon direction from the
				advisory board chairperson, prepare a notice of public hearing setting forth
				the date, time and location of the hearing, a brief description of the
				petitions received, and information on the requirements for public comment or
				statement of intent to present technical evidence, and no later than 30 days
				prior to the hearing date, send copies, with requests for publication, to at
				least one newspaper of general circulation. The program manager or designee may
				further issue notice of the hearing by any other means the department
				determines to be acceptable to provide notice to the public.
D.
Public hearing agenda:
The
				department shall make available an agenda containing a list of specific items
				to be discussed or information on how the public may obtain a copy of such
				agenda.
E.
Postponement of
				hearing:
Request for postponement of a public hearing will be granted,
				by the advisory board for good cause shown.
F.
Statement of intent to present
				technical evidence:
Any individual or association of individuals who
				wish to present technical evidence at the hearing shall, no later than 15 days
				prior to the date of the hearing, file a statement of intent. The statement of
				intent to present technical evidence shall include:
(1) the name of the person filing the
				statement;
(2) indication of
				whether the person filing the statement supports or opposes the petition at
				issue;
(3) the name of each
				witness;
(4) an estimate of the
				length of the direct testimony of each witness;
(5) a list of exhibits, if any, to be offered
				into evidence at the hearing; and
(6) a summary or outline of the anticipated
				direct testimony of each witness.