N.M. Admin. Code § 20.1.9.12

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.1.9.12 - PREHEARING PROCEDURES

A. Petition for regulatory changes.

(1) Any person, including the department, may file a petition with the secretary to adopt, amend or repeal any regulation within the jurisdiction of the secretary.

(2) If the department is the petitioner and intends to file a petition under the Sanitary Projects Act, the department shall prepare the proposed regulatory change in consultation with representatives of the associations as defined in Section 3-29-2 NMSA 1978.

(3) The petition shall be in writing and shall include a statement of reasons for the regulatory change. The proposed regulatory change, indicating any language to be added or deleted, shall be attached to the petition.

(4) The secretary shall determine no later than 60 days after receipt of the petition whether or not to hold a public hearing on the petition.

(5) If the secretary determines to hold a public hearing on the petition, the secretary may issue such orders specifying procedures for the conduct of the hearing, in addition to those provided by this part, as may be necessary and appropriate.

B. Notice of hearings.

(1) The secretary shall provide to the public notice of the proposed rulemaking at least 30 days prior to the hearing. Notice of the proposed rulemaking shall include publication in at least one newspaper of general circulation in the state, publication in the New Mexico register, the department's website, and such other means as the secretary may direct or are required by law.

(2) The notice of proposed rulemaking shall state:

(a) the subject of the proposed rule, including a summary of the full text of the proposed rule and a short explanation of the purpose of the proposed rule;

(b) a citation to the specific legal authority authorizing the proposed rule and a short explanation of the purpose of the proposed rule;

(c) a citation to 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;

(d) the statutes, regulations, and procedural rules governing the conduct of the hearing;

(e) the manner in which persons may present their views or evidence to the secretary, including the time, place, and information on participating in the public hearing;

(f) the location where persons may secure copies of the full text of the proposed regulatory change;

(g) an internet link providing free access to the full text of the proposed rule; and

(h) if applicable, that the secretary may make a decision on the proposed regulatory change at the conclusion of the hearing.

C. Participation by public.

(1) Any member of the general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer non-technical exhibits in connection with his or her testimony, so long as the exhibit is not unduly repetitious of the testimony.

(2) Any member of the general public who wishes to submit a written statement for the record, in lieu of giving oral testimony at the hearing, shall file the written statement prior to the hearing or submit it at the hearing. Written comment must be mailed or delivered to the secretary's administrator.

D. Location of hearing: Unless otherwise permitted by governing law, the secretary shall hold hearings on proposed regulatory changes in Santa Fe and at other places the secretary may prescribe.

E. If the secretary changes the date of the hearing or the deadline for submitting comments as stated in the notice of proposed rulemaking, the secretary shall provide notice to the public of the change.

N.M. Admin. Code § 20.1.9.12

20.1.9.12 NMAC - N, 12/01/07, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018