TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 24 RULES
PART 15 NEW MEXICO REGISTER
1.24.15.1 ISSUING AGENCY: State
Records Administrator.
[1.24.15.1 NMAC -
Rp 1 NMAC 3.3.15.1, 2/29/2000; A, 9/15/2014]
1.24.15.2 SCOPE: 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.
[1.24.15.2 NMAC -
Rp 1 NMAC 3.3.15.2, 2/29/2000]
1.24.15.3 STATUTORY AUTHORITY:
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.
[1.24.15.3 NMAC -
Rp 1 NMAC 3.3.15.3, 2/29/2000; A, 7/1/2017]
1.24.15.4 DURATION:
Permanent.
[1.24.15.4 NMAC -
Rp 1 NMAC 3.3.15.4, 2/29/2000]
1.24.15.5 EFFECTIVE DATE: February
29, 2000, unless a later date is cited at the end of a section.
[1.24.15.5 NMAC -
Rp 1 NMAC 3.3.15.5, 2/29/2000; A, 9/15/2014; A, 11/30/2015]
1.24.15.6 OBJECTIVE: 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.
[1.24.15.6 NMAC -
Rp 3.3.15.6, 2/29/2000]
1.24.15.7 DEFINITIONS: [RESERVED]
[1.24.15.7 NMAC -
Rp 1 NMAC 3.3.15.7, 2/29/2000]
1.24.15.8 REQUIREMENTS FOR AGENCIES RELATIVE TO PUBLISHING
NOTICES AND RULES IN THE NEW MEXICO REGISTER:
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.
B. Agencies may publish other materials
related to administrative law at their discretion.
C. History notes, histories of the
part, and amendments to history notes need not be published in the New Mexico
register.
[1.24.15.8 NMAC - Rp 1 NMAC
3.3.15.8, 2/29/2000; A, 7/15/2003; A, 9/15/2014; A, 11/30/2015; A, 7/1/2017]
1.24.15.9 requirements
for NOTICES: 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.
B. The form of any notice must conform
to the following:
(1) the notice heading shall be in bold
or capital letters and be centered at top of page;
(2) the notice heading shall simply and
accurately describe the rulemaking hearing;
(3) the text of the notice shall be flush
with the document’s left margin; and,
(4) the
use of legal, case, or other headings is discouraged.
C. The administrative law division, as designation by the
state records administrator, shall not accept for publication any notice of
proposed rulemaking that does not on its face meet the statutory 30 day minimum
time periods for public rule hearing, public participation and public comments.
[1.24.15.9 NMAC -
N, 11/30/2015; A, 7/1/2017]
1.24.15.10 requirements
for synOpses: 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.
C. Include with the synopsis the following certification by
the agency’s legal counsel that will be printed in the register along with the
synopsis:
I CERTIFY THAT
THIS SYNOPSIS GIVES ADEQUATE NOTICE OF THE CONTENTS OF THE RULE DESCRIBED ABOVE
THIS _____ DAY OF
____________________________ 20__
BY: (name of
certifying attorney) ________________________________________________________
D. The records center shall not ordinarily accept synopses
of rules for publication in the register.
(1) Exceptions may be granted for a rule
on a one-time-only basis if the state records administrator determines
"that publication in the register of the full text of an adopted rule
would be unduly cumbersome, expensive or otherwise inexpedient."
(2) Exceptions may be granted for a rule
when an agency can demonstrate that a synopsis might be more informative than
publication. This might be the case when
a single word is added, grammar is corrected or the proposed change is so minor
as to make publication of the full section unreasonable.
(3) If an agency wishes to request an
exception:
(a) the request must be submitted to the
state records administrator in writing, in hard copy, along with hard copies of
the proposed synopsis, the certificate of adequate notice, and the full text of
the rule at least 30 days prior to the intended filing date of the rule;
(b) the request shall disclose how the
agency intends to provide complete copies of the rule to the affected persons
and entities.
(4) The state records administrator shall
provide a written response to the request.
(5) If the synopsis is approved, a copy
of the written approval for the exception by the state records administrator
must be included as part of the synopsis when it is published.
(6) For guidance on filing temporary
emergency rules in synopsis form see 1.24.20 NMAC.
[1.24.15.9 NMAC -
Rp 1 NMAC 3.3.15.8, 2/29/2000; 1.24.15.10 NMAC - Rn, 1.24.15.9 NMAC,
11/30/2015]
1.24.15.11 REQUIREMENTS FOR SHORT-FORM
PUBLICATION:
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.
C. Publication of less than the full rule in the New Mexico
register shall not affect filing requirements under 1.24.10 NMAC.
[1.24.15.10 NMAC -
N, 2/29/2000; 1.24.15.11 NMAC - Rn, 1.24.15.10 NMAC, 11/30/2015]
1.24.15.12 TECHNICAL REQUIREMENTS FOR
PUBLISHING IN THE NEW MEXICO REGISTER:
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 filing 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.
C. The
agency shall submit one electronic copy of notices of rule-making or adopted
rules to the administrative law division for submission to the New Mexico
register.
(1) Agencies that do not deliver both an
original paper copy and one electronic version of an adopted rule shall have
the rule rejected.
(2) Material that is filed after the
cut-off date for publication shall be published in the next issue, and, if
necessary, the effective date shall be modified. For emergency rule filings
under unique circumstances and only if not in conflict with any other statute,
the state records administrator has authority to allow publication of material
filed after submittal deadline.
(3) Submissions for publication in the
New Mexico register shall comply with the standards established in Subsections
B and C of 1.24.10.13 NMAC.
[1.24.15.11 NMAC -
Rp, 1 NMAC 3.3.15.9, 2/29/2000; A, 7/15/2003; A, 9/15/2014; 1.24.15.12 NMAC -
Rn & A, 1.24.15.11 NMAC, 11/30/2015]
1.24.15.13 CHARGES FOR PUBLISHING IN THE NEW
MEXICO REGISTER: 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.
[1.24.15.12 NMAC -
Rp, 1 NMAC 3.3.15.10, 2/29/2000; A, 7/15/2003; A, 7/1/2009; A, 10/15/2014;
1.24.15.13 NMAC - Rn, 1.24.15.12 NMAC, 11/30/2015; A, 1/1/2017; A, 7/1/2017]
[Charges for
publishing in the New Mexico register are also found in 1.13.2.18 NMAC.]
1.24.15.14 FEES FOR COPIES OF THE NEW MEXICO
REGISTER:
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.
[1.24.15.13 NMAC -
Rp, 1 NMAC 3.3.15.11 & 1 NMAC 3.3.15.12 & 1 NMAC 3.3.15.13 & 1 NMAC
3.3.14, 2/29/2000; A, 7/15/2003; A, 7/1/2009; 1.24.15.14 NMAC - Rn, 1.24.15.13
NMAC, 11/30/2015]
[Fees for copies of the New Mexico register are also found in 1.13.2.19 NMAC.]
History OF
1.24.15 NMAC:
Pre-NMAC
History: Material in this part was derived from that
previously filed with the Commission of Public Records - State Records Center
and Archives: SRC Rule 90-10,
Requirements for the Submission of Notices, Rule Material, and Other Material
Relative to Administrative Law to the New Mexico State Register, 8/1/90.
History of
Repealed Material:
SRC 90-10
Requirements for the Submission of Notices, Rule Material, and Other Material
Relative to Adminsitrative Law to the New Mexico State Register - Superseded,
1/1/95
1 NMAC 3.3.15 New
Mexico Register - Repealed, 2/29/2000