TITLE 10 PUBLIC SAFETY AND
LAW ENFORCEMENT
CHAPTER 12 PUBLIC DEFENDER DEPARTMENT
PART 13 RULE
MAKING
10.12.13.1 ISSUING AGENCY: Public Defender Commission
[10.12.13.1 NMAC - N,
7/1/2015]
10.12.13.2 SCOPE: Applies to all employees.
[10.12.13.2 NMAC - N,
7/1/2015]
10.12.13.3 STATUTORY AUTHORITY: Section
31-15-2.4(B)(6) NMSA 1978; Section 31-15-7 NMSA 1978
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7/1/2015]
10.12.13.4 DURATION: Permanent.
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7/1/2015]
10.12.13.5 EFFECTIVE DATE: 7/1/2015 unless a later date is
cited at the end of a section.
[10.12.13.5 NMAC - N,
7/1/2015]
10.12.13.6 OBJECTIVE: The objective of Part 13 of Chapter 12
is: to provide a process for adoption, amendment, or repeal of a public defender
commission rule.
[10.12.13.6 NMAC - N,
7/1/2015]
10.12.13.7 DEFINITIONS: [RESERVED]
[10.12.13.7 NMAC - N,
7/1/2015]
10.12.13.8 NOTICE AND COMMENT:
A. The public defender commission shall
provide an opportunity for employees of the department and interested parties
to comment on proposed rule changes at least 30 calendar days prior to the
adoption, amendment or repeal of any rule.
B. At least 30 calendar days prior to
the adoption, amendment, or repeal of any rule, the public defender commission shall
publish notice of the proposed action.
(1) The
notice shall be published in the New
Mexico register.
(2) The notice shall be mailed to broadcast stations licensed by
the federal communications commission and newspapers of general circulation
that have provided a written request for such notice.
(3) The
notice shall be mailed to the last known address of persons and organizations who have made a written and timely request to the department.
(4) The
notice shall state where a copy of the proposed rule may be obtained.
C. The giving of the notice shall be
considered complete upon mailing.
D. One copy of the full text of any
proposed rule shall be made available without cost to any person or
organization who requests a copy.
[10.12.13.8 NMAC - N,
7/1/2015]
10.12.13.9 HEARING: The public defender commission shall hold a public hearing
on the proposed action. Interested persons or duly authorized representatives
shall have the opportunity to submit written statements or make oral
presentations.
[10.12.13.9 NMAC - N,
7/1/2015]
10.12.13.10 EFFECTIVE DATE: The public defender commission shall
determine the effective date of rules, which shall be filed with the New Mexico
commission of public records.
[10.12.13.10 NMAC - N,
7/1/2015]
10.12.13.11 EMERGENCY RULES: The public defender commission may
adopt, amend, or suspend a rule as an emergency, without compliance with 10.12.13.8 NMAC
and 10.12.13.9
NMAC, if the public defender commission determines that it is in the
public interest. An action to adopt, amend, or suspend a rule pursuant to this rule
shall not be effective for longer than 120 calendar days but may be extended once
for no more than an additional 60 days if the emergency still continues.
[10.12.13.11 NMAC - N,
7/1/2015]
10.12.13.12 PUBLICATION OF RULES: Rules, including emergency rules,
adopted, amended, or repealed by the public defender commission shall be
published in the New Mexico register.
[10.12.13.12 NMAC - N,
7/1/2015]
10.12.13.13 DEMONSTRATION PROJECTS: The public defender commission may
authorize demonstration projects which may require the temporary suspension of
the rules when the chief agrees to utilize such a project to improve
operations.
[10.12.13.13 NMAC - N,
7/1/2015]
HISTORY OF 10.12.13 NMAC [RESERVED]