New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.9 - APPLICATION FOR REGULATION - GENERAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An Applicant Group seeking state licensure
				or regulation of a profession or occupation not under the authority of an
				existing agency shall submit an application for regulation to the sunrise
				program.
B. The burden of proving
				the need for regulation of an occupation or profession is on the Applicant
				Group. The Applicant Group can demonstrate a need for regulation by meeting the
				criteria for licensure and regulation set forth in the Act. The more thoroughly
				the need for regulation is substantiated by the Applicant Group, the more
				easily and quickly the application can be reviewed.
C. A complete application consists of
				submittal to the Manager of the completed Applicant Group Questionnaire and the
				required fee. The Questionnaire must be complete in all details arid all items
				must be addressed.
D. The Applicant
				Group shall submit sufficient information to enable the Manager, Department and
				Committee to fairly, adequately and completely evaluate its
				application.
E. The Applicant Group
				shall cooperate with the Manager, Department and Committee as necessary to
				interpret and clarify the application and supporting materials. The Applicant
				Group shall provide, to the extent possible, all information requested by the
				Manager, Department or Committee.
F. Ordinarily, an Applicant Group's approved
				request for regulation will be considered by the legislature only during one of
				its "long" sessions; i.e., during odd-numbered years. Therefore, it is
				recommended that the Applicant Group have its completed application in the
				Manager's office by January 1st, but in no case later than April 1st, of the
				even-numbered year preceding the legislature's "long" session. The earlier an
				Applicant Group submits its application, the better its chances of receiving a
				complete sunrise review prior to the start of a particular legislative session.
				Although the Manager, Department and Committee shall make every effort to
				promptly complete their sunrise review of each application, it is possible,
				upon occasion, that a complete review of a particular application cannot be
				completed prior to the start of a particular legislative session. In such case,
				if the application for licensure or regulation is approved at a later date by
				the Committee, the Committee shall consider action on the proposed licensure or
				regulation at the next legislative opportunity.
G. Ordinarily, an application from an
				Applicant Group will be reviewed in the order in which it is received; i.e.,
				the first application received shall be the first one reviewed. If it is
				necessary for the Manager, Department or Committee to establish priorities, the
				priority of one applicant group over another will be based on information in
				the applications, particularly that relating to the potential harm to the
				public that may be caused by the continued practice of the unregulated group.
				In such case, the Manager, Department or Committee shall decide on the order in
				which each application shall be reviewed.