TITLE
18 TRANSPORTATION AND HIGHWAYS
CHAPTER
15 OFF-HIGHWAY
MOTOR VEHICLE SAFETY
PART
2 OFF-HIGHWAY
MOTOR VEHICLE ADVISORY BOARD OPEN MEETINGS
18.15.2.1 ISSUING AGENCY: New Mexico
Department of Game and Fish.
[18.15.2.1 NMAC - Rp, 18.15.2.1 NMAC,
10-14-2016]
18.15.2.2 SCOPE: Persons interested
in and affected by actions of the off-highway motor vehicle advisory board and
the department of game and fish.
[18.15.2.2 NMAC - Rp, 18.15.2.2
NMAC, 10-14-2016]
18.15.2.3 STATUTORY AUTHORITY: Sections 10-15-1 to 4 NMSA 1978, (as amended
through 2012, “Open Meetings Act”) and Section 66-3-1018 NMSA 1978, that
provide the New Mexico department of game and fish director with the authority
to establish rules that it may deem necessary to carry out the purpose of
Off-Highway Motor Vehicle Act, Sections 66-3-1001 to 21 NMSA 1978 and all other
acts pertaining to off-highway motor vehicles. Section 66-3-1017 NMSA 1978
provides that the "off-highway motor vehicle advisory board is created to
advise the department on matters related to administration of the Off-Highway
Motor Vehicle Act.
[18.15.2.3 NMAC - Rp, 18.15.2.3
NMAC, 10-14-2016]
18.15.2.4 DURATION: Permanent.
[18.15.2.4 NMAC - Rp, 18.15.2.4
NMAC, 10-14-2016]
18.15.2.5 EFFECTIVE DATE: October 14, 2016,
unless a later date is cited at the end of a section.
[18.15.2.5 NMAC - Rp, 18.15.2.5
NMAC, 10-14-2016]
18.15.2.6 OBJECTIVE: To establish rules pursuant to the "Open
Meetings Act," determining what constitutes reasonable notice of
off-highway motor vehicle advisory board public meetings.
[18.15.2.6 NMAC - Rp, 18.15.2.6
NMAC, 10-14-2016]
18.15.2.7 DEFINITIONS:
A. “Department”
shall mean the New Mexico department of game and fish.
B. “Board”
means the off-highway motor vehicle advisory board.
C. “Department’s public website” means: www.wildlife.state.nm.us.
D. "Emergency meeting" is a
meeting called to address unforeseen circumstances that, if not addressed
immediately by the board, will likely result in injury or damage to persons or
property, or substantial financial loss to the trail safety fund or the
department.
E. “Publish”
shall mean to publish via paid legal advertisement in a newspaper of general
circulation.
[18.15.2.7 NMAC - Rp, 18.15.2.7 NMAC,
10-14-2016]
18.15.2.8 OPEN MEETINGS:
A. Reasonable notice: Reasonable notice shall be given, as
hereinafter provided, of all meetings of a quorum of the off-highway motor
vehicle advisory board held for the purpose of discussing or making recommendations
to the director of the department for consideration regarding the Off-Highway
Motor Vehicle Act, sections 66-3-1001 to 21 NMSA 1978.
(1) Ten day
notice for regular meetings: At least 10
days in advance of each regularly scheduled meeting, notice will be posted on
the department’s public website and social media sites and in addition will be
sent to newspapers, radio stations, wire services, and television stations in
the state that have provided a written request for the notice of meetings per
Section 10-15-1(D) NMSA 1978. These
notices shall contain the date, time, and place of the meeting and information
on how a copy of the agenda can be obtained.
(2) Three day
notice for special meetings: At least
three days in advance of each special meeting, notice will be posted on the
department’s public website and social media sites and given by telephone to
newspapers, radio stations, wire services and television stations in the state
that have provided a written request for the notice of meetings per Section
10-15-1(D) NMSA 1978. These notices
shall contain the date, time, and place of the meeting and information on how a
copy of the agenda can be obtained.
(3) Twenty-four
hour notice for emergency meetings:
Notwithstanding any other provisions of this rule, the chairman of the
off-highway motor vehicle board may call an emergency meeting to consider any
unforeseen urgent matter that demands immediate board action. Notice of an emergency meeting shall be
posted on the department’s public website and social media sites at least 24
hours in advance unless threat of personal injury or property damage requires
less notice, and shall be given by telephone to the associated press and, if
time permits, via news release faxed or hand delivered to at least one daily
newspaper of general circulation in the state.
(4) Telephone
participation: Board members may choose
to participate in properly noticed meetings of the board by telephone or other
similar communications equipment, but only when attendance in person is
difficult or impossible. Each board
member participating by telephone or other similar equipment must be identified
when speaking. All board members must be
able to hear each other at the same time and hear any speaker, and members of the
public attending the meeting must be able to hear any board member.
B. Correspondence with interested parties: Prior to each regularly scheduled meeting,
correspondence announcing the date, time, and place of the meeting and
information on how a copy of the agenda may be obtained shall be sent to
agencies, organizations, groups, or individuals who have requested such notice.
C. Agenda availability and changes:
(1) Agenda
availability: Except for emergency
meetings, the agenda for a regular or special meeting will be made available to
the public by posting on the department’s public website and social media sites
and from the office of the director, New Mexico department of game and fish,
one wildlife way, Santa Fe, New Mexico 87507 at least 72 hours in advance of
each meeting.
(2) The proposed
agenda for any meeting is subject to change as deemed necessary by the chairman
of the off-highway vehicle board.
However, such changes may not be made less than 72 hours in advance of
any meeting and the final agenda, incorporating any such changes, will be made
available to the public at least 72 hours in advance of the meeting from the
office of the director.
[18.15.2.8 NMAC - Rp, 18.15.2.8
NMAC, 10-14-2016]
HISTORY
OF 18.15.2 NMAC:
History of Repealed Material:
18.15.2 NMAC, Off-Highway Motor
Vehicle Advisory Board Open Meetings, repealed effective 10-14-2016.