N.M. Admin. Code § 10.40.1.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 10.40.1.10 - RULEMAKING

A. The purpose of this regulation is to establish a rulemaking procedure which will enable the commission to secure the views and statements of all interested persons concerning rules and regulations adopted pursuant to the Crime Victims Reparation Act.

B. Prior to the adoption, amendment or repeal of any rule, the commission shall, at least thirty days prior to its proposed action:

(1) Publish notice of its proposed action in a newspaper of general circulation in the state of New Mexico. Notify any person or group filing a written request for such notification to the crime victims reparation commission, notification being by mail to the last address specified by the person or group. Request from such persons or groups shall be renewed in January of each year.

(2) The notice of the proposed action shall:

(a) give the date, time and place of any public hearing and state the manner in which comments may be submitted to the commission by interested persons;

(b) describe the subject matter of the proposed regulation;

(c) describe the action proposed to be taken;

(d) state a location where the proposed rule may be obtained, or a written address from which the proposed rule may be procured by mail; and

(e) include reference to the statutory authority under which the rule is proposed.

C. All interested persons shall be afforded a reasonable opportunity to submit written data, views or arguments in support of, or in opposition to, a proposed rule. Any interested person seeking to modify in any way a proposed rule must submit a proposed rule modification in writing to the commission within twenty-one calendar days after notice is mailed, along with views or arguments in support of the modification. If the commission board finds after review of the written data, views or arguments in support of the proposed modification that further comments are necessary, it may take such statements at the public rulemaking hearing. The commission board shall consider fully all comments regarding the proposed rule prior to a final decision. Written data, views, or arguments shall be legible (not less than elite typeface), not to exceed a width of 8-1/2 inches and a length of 13 inches.

D. The rulemaking hearings shall be conducted as follows:

(1) The rules of civil procedure and the rules of evidence shall not apply.

(2) Unless the circumstances otherwise justify, the order of appearance will be as follows:

(a) comments of commission staff;

(b) comments of each proponent;

(c) comments of each opponent;

(d) comments of other interested persons.

E. The commission board may appoint a hearing officer to conduct the hearing and receive evidence. He will be authorized to make all rulings in the conduct of the proceedings and in the receipt of statements and supporting data.

F. A record shall be made by a certified court reporter at each rulemaking hearing, the cost of which shall be borne by the commission. Interested persons may request a copy of a hearing record, and shall pay the cost of copying the record.

G. The court reporter shall provide an index of each transcript which states:

(1) the name of each individual present at the hearing;

(2) the pages at which an individual's statement appears;

(3) identification of supporting data; and,

(4) the pages at which supporting data was introduced, entered and appears in the transcript.

H. At the conclusion of the hearing, the commission board or hearing officer may request participants to submit prepared comments or other pertinent supporting information.

I. The record shall be closed at the conclusion of the hearing, unless the commission board or hearing officer holds it open for no longer than thirty days for the purpose of receiving additional written supporting data. Additional written supporting data shall be limited to those matters for which permission was expressly granted and the commission board or hearing officer may make provisions for response to the written supporting data by those persons who participated in the proceeding.

J. Each rule, amendment or repeal thereof adopted by the commission board shall be filed with the state records center and the New Mexico state registry, in accordance with Section 14-4-3 NMSA 1978.

K. In construing rules adopted by the commission board, words importing the masculine gender shall include the feminine gender.

N.M. Admin. Code § 10.40.1.10

1/20/89, 11/7/91, 3/14/98; Recompiled 11/30/01