N.M. Admin. Code § 2.1.2.12

Current through Register Vol. 35, No. 24, December 23, 2024

Section 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.

N.M. Admin. Code § 2.1.2.12

Adopted by New Mexico Register, Volume XXVIII, Issue 19, October 17, 2017, eff. 10/17/2017