N.M. Admin. Code § 15.2.1.10

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

Section 15.2.1.10 - RULEMAKING PROCEDURES

A. The provisions of this section shall be applicable to proceedings of the Commission to adopt, amend or repeal rules and regulations of general applicability, which implement or interpret a law administered or enforced by the Commission. These procedures shall not apply to: statements, policies, procedures or regulations concerning only internal management of the Commission and not affecting the rights of or procedure available to licensees, applicants or the public generally; declaratory rulings and directives issued pursuant to provisions of this section; decisions, statements or interpretations issued or actions taken in the course of disciplinary proceedings against a licensee; formal or informal opinions of the Attorney General pursuant to requests of the Commission or the Commission staff.

B. PROCEEDINGS BY COMMISSION:

(1) No rule or regulation, or amendment or repeal thereof, shall be adopted by the Commission until after a public hearing by the Commission, except as provided herein for emergency regulations. The Commission shall allow all interested persons reasonable opportunity to present written materials and to speak in favor of their positions as they pertain to proposed rules. The Commission may designate a hearing officer to take evidence. The Commission may hold more than one hearing on proposed rules and may hold hearings at any location in the state. A record, consisting of at least written minutes or a tape recording, shall be made of all proceedings at the hearing.

(2) Notice of rulemaking hearings shall be provided to the public not later than 30 days prior to the hearing date. The notice shall include:

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

(b) a short explanation of the purpose of the proposed rule;

(c) a citation to the specific legal authority authorizing the proposed rule and the adoption of the proposed rule;

(d) information on how a copy of the full text of the proposed rule may be obtained;

(e) information on how a person may comment on the proposed rule, where comments will be received and when comments are due;

(f) information on where and when a public rule hearing will be held and how a person may participate in the hearing; and,

(g) 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. The notice shall be published in a newspaper of general circulation in the state and the commission shall send by electronic mail copies of the notice to all persons who have made a written request to the commission for advance notice of such rulemaking hearings. The notice must also be published in the New Mexico register.

(3) Rules are effective the date they are published in the New Mexico register unless a later date is otherwise provided by law or in the rule. The agency shall file the adopted rule with the state records administrator or the administrator's designee within 15 days from the date of the adoption. This provision does not apply to emergency rules.

(4) If the commission finds that the time required to complete the rulemaking procedure would cause an imminent peril to the public health, safety or general welfare; cause the unanticipated loss of funding for an agency program; or place the agency in violation of federal law, then the agency shall provide to the public a record of any such finding and 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 agency may issue the emergency rule immediately without a public rule hearing or with any abbreviated notice and hearing that it finds practicable. Emergency rules may take effect immediately upon filing with the state records administrator or the administrator's designee or at a later date specified in the emergency rule. Emergency rules shall be published in the New Mexico register. No emergency rule shall permanently amend or repeal an existing rule. An emergency rule shall remain in effect until a permanent rule takes effect under the normal rulemaking process. If no permanent rule is adopted within 180 days from the effective date of the emergency rule, the emergency rule shall expire and may not be readopted as an emergency rule. If an expired emergency rule temporarily amended or repealed an existing rule, the rule shall revert to what it would have been had the emergency rule not been issued.

(5) Any interested person may request in writing that the commission adopt, amend or repeal a rule. The commission shall either initiate formal proceedings to consider the proposed rule or issue a written statement of its reason for denial of the request to consider it.

C. DECLARATORY RULINGS:

(1) Any licensee of the Commission whose rights may be affected by the application of any statute administered or enforced by the Commission or by any rule of the Commission may request in writing a declaratory ruling from the Commission concerning the applicability of the statute or rule to a particular set of facts. The facts stated must be stated with such specificity as to allow a ruling to be made and the situation stated must be sufficiently concrete to justify issuance of a declaratory ruling.

(2) The purpose of declaratory rulings is to allow a licensee to conform his future actions or behavior to the parameters of the law. Declaratory rulings shall not be used for any other purpose. The Commission may refuse to consider a request if it determines that its purpose or effect would be contrary to the purposes stated herein for declaratory rulings. In no case shall the Commission consider a request, which directly or indirectly affects a pending action or disciplinary proceeding, or appeal thereof, before the Stewards or the Commission.

(3) The Commission may issue directives to its employees, Stewards, licensees or racing officials. Directives may be utilized to direct the performance of an act, to provide an interpretation of a statute or rule or for other purposes.

(4) The Commission may on its own motion issue declaratory rulings and directives.

(5) The effect of a declaratory ruling shall be limited to the Commission and the licensee, if any, requesting it.

N.M. Admin. Code § 15.2.1.10

15.2.1.10 NMAC - Rp, 15 NMAC 2.1.10, 3/15/2001, Amended by New Mexico Register, Volume XXIX, Issue 05, March 13, 2018, eff. 3/14/2018