N.M. Admin. Code § 21.1.1.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 21.1.1.9 - RULEMAKING PREREQUISITES

A. Prior to the adoption, amendment, or repeal of any rule, the department shall publish notice of its proposed action in the New Mexico register and at least 30 days prior to its proposed action, not including the publication or the day of proposed action, shall:

(1) if required by statute, publish notice of its proposed action in newspapers or trade, industrial, or professional publications, as will reasonably give public notice to interested persons;

(2) notify by mail or electronic mail any person or group filing a written request for such notification to the New Mexico department of agriculture, notification being by mail or electronic mail to the last address specified by the person or group;

(3) sending it by electronic mail to persons who have participated in the rulemaking and who have provided an electronic mail address to the agency;

(4) post on the agency website;

(5) post on the sunshine portal;

(6) make available at the agency district and field offices;

(7) provide to the New Mexico legislative council.

B. The notice described in Subsection A of 21.1.1.9 NMAC above shall include:

(1) information on the public hearing and how a person may participate;

(2) information on how comments may be submitted to the department where the comments will be received, and when the comments are due;

(3) a summary describing the full text of the proposed rule;

(4) a short explanation describing the substance of the proposed action;

(5) information on how the proposed rule may be obtained and internet link that provides free access to the full text of the proposed rule;

(6) a reference to the statutory authority under which the rule is proposed; and

(7) a citation to technical information, if any, and how to obtain the technical information.

N.M. Admin. Code § 21.1.1.9

Adopted by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 11/1/2018, Amended by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 12/1/2022