N.M. Admin. Code § 1.24.10.17

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

Section 1.24.10.17 - REJECTED RULE FILINGS

A. The administrative law division shall refuse to file written material if it is not a rule as defined in the State Rules Act or if the materials submitted for rule filing do not conform to the style and format requirements detailed in 1.24.10 NMAC.

(1) Materials that are not rules may be filed as a publication.

(2) Rule filings that do not conform to style and format requirements shall be returned to the filing agency and shall not be filed or published in the New Mexico register.

(3) Rule filings that do not meet the minimum statutory time periods for notice of proposed rulemaking, public participation, and public comments shall be returned to the filing agency and shall not be filed or published in the New Mexico register.

B. The administrative law division shall identify material previously filed as a rule but not conforming to the definition of a rule. The material shall be removed from the rules collection and rule history database with 30 days written notice to the affected agency.

C. If an affected agency finds it previously filed material as a rule that does not conform to the definition of a rule, that agency shall notify the administrative law division in writing. If the administrative law division agrees the material does not conform to the definition of a rule, the material shall be removed from the rules collection and the rule history database within 30 days of receiving the notice.

N.M. Admin. Code § 1.24.10.17

1.24.10.17 NMAC - N, 2/29/2000; A, 6/30/2004, Amended, New Mexico Register, Volume XXV, Issue 17, September 15, 2014, eff. 9/15/2014, Amended by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 11/30/2015, Amended by New Mexico Register, Volume XXVIII, Issue 13, July 11, 2017, eff. 7/1/2017