New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 1 - GENERAL PROVISIONS › Section 15.2.1.10 - RULEMAKING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				provisions of this section shall be applicable to proceedings of the Commission
				to adopt, amend or repeal rules and regulations of general applicability, which
				implement or interpret a law administered or enforced by the Commission. These
				procedures shall not apply to: statements, policies, procedures or regulations
				concerning only internal management of the Commission and not affecting the
				rights of or procedure available to licensees, applicants or the public
				generally; declaratory rulings and directives issued pursuant to provisions of
				this section; decisions, statements or interpretations issued or actions taken
				in the course of disciplinary proceedings against a licensee; formal or
				informal opinions of the Attorney General pursuant to requests of the
				Commission or the Commission staff.
B.
PROCEEDINGS BY COMMISSION:
(1) No rule or regulation, or amendment or
				repeal thereof, shall be adopted by the Commission until after a public hearing
				by the Commission, except as provided herein for emergency regulations. The
				Commission shall allow all interested persons reasonable opportunity to present
				written materials and to speak in favor of their positions as they pertain to
				proposed rules. The Commission may designate a hearing officer to take
				evidence. The Commission may hold more than one hearing on proposed rules and
				may hold hearings at any location in the state. A record, consisting of at
				least written minutes or a tape recording, shall be made of all proceedings at
				the hearing.
(2) Notice of
				rulemaking hearings shall be provided to the public not later than 30 days
				prior to the hearing date. The notice shall include:
(a) a summary of the full text of the
				proposed rule;
(b) a short
				explanation of the purpose of the proposed rule;
(c) a citation to the specific legal
				authority authorizing the proposed rule and the adoption of the proposed
				rule;
(d) information on how a copy
				of the full text of the proposed rule may be obtained;
(e) information on how a person may comment
				on the proposed rule, where comments will be received and when comments are
				due;
(f) information on where and
				when a public rule hearing will be held and how a person may participate in the
				hearing; and,
(g) a citation to
				technical information, if any, that served as a basis for the proposed rule,
				and information on how the full text of the technical information may be
				obtained. The notice shall be published in a newspaper of general circulation
				in the state and the commission shall send by electronic mail copies of the
				notice to all persons who have made a written request to the commission for
				advance notice of such rulemaking hearings. The notice must also be published
				in the New Mexico register.
(3) Rules are effective the date they are
				published in the New Mexico register unless a later date is otherwise provided
				by law or in the rule. The agency shall file the adopted rule with the state
				records administrator or the administrator's designee within 15 days from the
				date of the adoption. This provision does not apply to emergency
				rules.
(4) If the commission finds
				that the time required to complete the rulemaking procedure would cause an
				imminent peril to the public health, safety or general welfare; cause the
				unanticipated loss of funding for an agency program; or place the agency in
				violation of federal law, then the agency shall provide to the public a record
				of any such finding and detailed justification for that finding before issuing
				an emergency rule. The record shall include a statement that the emergency rule
				is temporary. After such record has been provided to the public, the agency may
				issue the emergency rule immediately without a public rule hearing or with any
				abbreviated notice and hearing that it finds practicable. Emergency rules may
				take effect immediately upon filing with the state records administrator or the
				administrator's designee or at a later date specified in the emergency rule.
				Emergency rules shall be published in the New Mexico register. No emergency
				rule shall permanently amend or repeal an existing rule. An emergency rule
				shall remain in effect until a permanent rule takes effect under the normal
				rulemaking process. If no permanent rule is adopted within 180 days from the
				effective date of the emergency rule, the emergency rule shall expire and may
				not be readopted as an emergency rule. If an expired emergency rule temporarily
				amended or repealed an existing rule, the rule shall revert to what it would
				have been had the emergency rule not been issued.
(5) Any interested person may request in
				writing that the commission adopt, amend or repeal a rule. The commission shall
				either initiate formal proceedings to consider the proposed rule or issue a
				written statement of its reason for denial of the request to consider it.