New Mexico Register / Volume XXXIV,
Issue 17 / September 12, 2023
NOTICE OF PROPOSED RULEMAKING
Public
Hearing
The
New Mexico Public Education Department (PED) gives notice that it will conduct
a public hearing for the following proposed rulemaking on Tuesday, October 17,
2023, from 1:30 p.m. to 2:30 p.m. (MDT) in Mabry Hall, located in the Jerry
Apodaca Education Building, 300 Don Gaspar Ave., Santa Fe, New Mexico 87501:
Repeal of 6.10.8 NMAC, Compulsory School
Attendance
Repeal
and replace of 6.12.4 NMAC, Tobacco, Alcohol, and Drug Free Schools
The
PED will give a verbal summary statement, on record, at the hearing.
The
purpose of the public hearing is to receive public input on the proposed
rulemaking. Attendees who wish to provide public comment on record will be
given three minutes to make a statement concerning the proposed rulemaking. To submit
written comment, please see the Public Comment section of this notice.
Explanation
of Purpose of Rulemaking, Summary of Text, and Statutory Authority, by Proposed
Rule
6.10.8 NMAC, Compulsory School Attendance
Explanation: The purpose of
the proposed rulemaking is to repeal a rule that was promulgated because of the
Compulsory School Attendance Act, which was repealed in 2019. The Compulsory
School Attendance Act was replaced with the Attendance for Success Act.
Summary: The proposed repeal removes the rule, which was based
on the repealed Compulsory Attendance Act, from the New Mexico Administrative
Code.
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, and 22-12A-1 et
seq. NMSA 1978.
6.12.4
NMAC, Tobacco, Alcohol, and Drug Free Schools
Explanation: The purpose of
the proposed rulemaking is to update existing rule to reflect contemporary
terminology regarding tobacco delivery devices and to add language detailing enforcement
of the rule.
Summary: The proposed repeal and replace of
this rule is to add language to include electronic tobacco delivery devices,
e-cigarettes, and nicotine liquid containers to existing rule.
Statutory
Authority: Sections
9-24-8, 22-2-1, 22-2-2, and 22-5-4.4 NMSA 1978.
No
technical information served as a basis for this proposed rule change.
Public
Comment
Interested
parties may provide comment at the public hearing or may submit written
comments by mail or e-mail.
Mailing
Address
Policy
and Legislative Affairs Division
New
Mexico Public Education Department
300
Don Gaspar Avenue, Room 121
Santa Fe, New Mexico 87501
E-Mail Address
Rule.Feedback@ped.nm.gov
Written
comments must be received no later than 5 p.m. (MDT) on Tuesday, October 17,
2023. The PED encourages the early submission of written comments.
Public
Comment Period
The
public comment period is from Tuesday, September 12, 2023, to Tuesday, October
17, 2023, at 5:00 p.m. (MDT). The PED will review all feedback received during the public
comment period and issue communication regarding a final decision of the
proposed rulemaking at a later date.
Copies of the proposed rule may be obtained from
Denise Terrazas at (505) 470-5303 during regular business hours or may be
accessed through the PED Police and Legislative Affairs webpage titled,
“Proposed Rules,” at http://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/.
Individuals with disabilities who require the
above information in an alternative format or need any form of auxiliary aid to
attend or participate in the public hearing are asked to contact Denise
Terrazas at (505) 470-5303 as soon as possible before the date set for the
public hearing. The PED requires at least 10 calendar days advance notice to
provide any special accommodations requested.