TITLE 2 PUBLIC FINANCE
CHAPTER 1 GENERAL PROVISIONS
PART 2 ADOPTION
OF RULES BY THE STATE BOARD OF FINANCE
2.1.2.1 ISSUING AGENCY: State Board of Finance, 181 Bataan Memorial
Building, Santa Fe, NM.
[2.1.2.1 NMAC - N,
1/15/2001]
2.1.2.2 SCOPE: State
board of finance.
[2.1.2.2 NMAC - N,
1/15/2001]
2.1.2.3 STATUTORY
AUTHORITY: Subsection E of Section 6-1-1 NMSA 1978
provides that the state board of finance, in addition to other powers and
duties provided by law, may make rules and regulations for carrying out its
duties and responsibilities as designated in statute.
[2.1.2.3 NMAC - N,
1/15/2001]
2.1.2.4 DURATION:
Permanent.
[2.1.2.4 NMAC - N,
1/15/2001]
2.1.2.5 EFFECTIVE
DATE: January 15, 2001, unless a later date is
cited at the end of a section.
[2.1.2.5 NMAC - N,
1/15/2001]
2.1.2.6 OBJECTIVE:
This rule provides the rulemaking process used by the state board of
finance, unless another process is required by law for a specific rule.
[2.1.2.6 NMAC - N,
1/15/2001]
2.1.2.7 DEFINITIONS:
A. “Board” means state board of finance.
B. “New Mexico register” means the
official publication for all notices of rule makings and filings of adopted
rules, including emergency rules, by agencies and is published by the state
records administrator.
C. “NMAC” means New Mexico administrative
code.
D. “Records center” means the New Mexico
commission of public records, state records center and archives.
[2.1.2.7 NMAC - N,
1/15/2001; A, 10/17/2017]
2.1.2.8 RULEMAKING
NOTICE:
A. The board shall distribute a notice of proposed
rulemaking at least 30 days before the hearing on the rule change by:
(1) posting the notice on the board website;
(2) posting the notice on the sunshine portal;
(3) making the notice available in the board’s offices;
(4) sending
the notice by mail or electronic mail to persons who have made a written
request to the board for advance notice of hearings and who have provided a
mail or an electronic mail address to the board;
(5) providing the notice to the New Mexico legislative council
for distribution to appropriate interim and standing legislative committees;
and
(6) publishing the notice in the New Mexico register and in a
newspaper of general circulation in the state.
B. Content - The
notice shall include:
(1) a summary of the full text of the proposed rule;
(2) a short explanation of the purpose of the proposed rule;
(3) a citation to the specific legal authority authorizing the
proposed rule and the adoption of the rule;
(4) information on how a copy of the full text of the proposed
rule may be obtained, including an internet link to the full text;
(5) information on how a person may comment on the proposed
rule, where comments will be received and when comments are due;
(6) information on where and when a public rule hearing will be
held and how a person may participate in the hearing; and
(7) a citation of 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.
[2.1.2.8 NMAC - N,
10/17/2017]
2.1.2.9 COMMENTS
ON RULEMAKING:
A. The public
comment period shall commence upon publication of the notice required by
Section 2.1.2.8 NMAC and end as provided for in the notice.
B. A person may
submit written or electronic comments on a proposed rule change, and those
comments shall be made part of the hearing record. Individuals or entities shall provide written
comments on the proposed rule change to the board administrator through the end
of the public comment period, unless the board president or the board extends
the time for filing comments. The board
president or the board may extend the time for filing written or electronic
comments by making an announcement at the hearing or by posting notice on the
board’s website. The board administrator
shall post copies of written or electronic comments that persons have filed
with the board administrator on the board’s website as soon as practicable after
they are filed.
[2.1.2.9 NMAC - N,
10/17/2017]
2.1.2.10 PROCESS
OF ADOPTION OF RULES:
A. Upon completion
of the public comment period, the board shall fully consider all submissions of
public comments, and the findings and recommendations of a board committee or
staff at a public hearing following the public comment period. After the public hearing, the board may:
(1) adopt the proposed rule without revision;
(2) revise and adopt the proposed rule;
(3) revise
the proposed rule and seek additional comments;
(4) reject the proposed rule; or
(5) repeal the rule.
B. At the time it adopts the rule, the board shall
provide to the public a concise explanatory statement containing:
(1) the date the agency adopted the rule;
(2) a reference to the specific statutory or other authority
authorizing the rule; and
(3) any findings required by a provision of law for adoption of
the rule.
[2.1.2.10 NMAC -
N, 1/15/2001; A & Rn, 10/17/2017]
2.1.2.11 FILING
AND PUBLICATION; EFFECTIVE DATE:
A. Within 15 days
after the adoption of a rule, the board staff shall file the adopted rule with
the records center and shall provide to the public the adopted rule.
B. Except as provided
in 2.1.2.10 NMAC, no rule shall be valid or enforceable until it is filed with
the records center and published in the New Mexico register as provided by the
State Rules Act. Unless a later date is
otherwise provided by law, the effective date of the rule shall be the date of
publication in the New Mexico register.
C. Relevant rules
may be posted on the board’s website, as determined by board staff.
[2.1.2.11 NMAC -
N, 1/15/200; A & Rn, 10/17/2017]
2.1.2.12 EMERGENCY
RULES:
A. If the board determines
that an emergency exists which requires immediate action to prevent an imminent
peril to public health, safety or welfare, the unanticipated loss of funding
for a an agency program, or a violation of federal law, it may adopt a rule or
amendment or repeal thereof, and the emergency rule shall become effective
immediately upon its filing in accordance with the State Rules Act. The emergency rule shall be published in the
New Mexico register within 30 days of this filing.
B. The board shall
provide to the public a record of any finding pursuant to Subsection A of this
section and a 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 board may issue the emergency rule immediately without a public
rule hearing or with any abbreviated notice and hearing that it finds
practicable.
C. The emergency
rule shall not continue in effect longer than 45 days unless within that time
the board commences proceedings to adopt the rule by issuing the notice
required in Section 2.1.2.8 NMAC.
D. If the board
commences proceedings under Section 2.1.2.8 NMAC, the emergency rule shall
remain in effect until a permanent rule takes effect or until the procedures
are otherwise completed.
E. In no event
shall any emergency rule remain in effect for more than 120 days.
[2.1.2.12 NMAC -
N, 1/15/2001; A & Rn, 10/17/2017]
HISTORY OF 2.1.2 NMAC:
Pre-NMAC History: none.