In the commissioner's discretion or as may be required by law, the commissioner may set a public hearing to allow comments on a proposed rule. Notice of such hearing shall be made as provided in 19.2.16.10 NMAC and shall be published and posted no less than 30 days prior to the date of the hearing. At such hearing the commissioner shall allow all interested persons, or groups of persons, reasonable opportunity to present written materials, present oral comments on the proposed rule, present questions, and to examine witnesses. State land office staff may appear at the hearing and present testimony and answer questions from the public. If the commissioner determines that oral presentation or the examination of witnesses is unnecessary or impractical, the commissioner may require that the presentation be submitted in writing and establish limitations on the examination of witnesses. At the hearing, all interested persons shall have the opportunity to review all documents or other pertinent information prepared in advance of the hearing. The commissioner may designate a hearing officer to conduct the public hearing. In the commissioner's discretion, the commissioner may keep the rulemaking record open for a reasonable period of time after the hearing to receive further written materials.
N.M. Admin. Code § 19.2.16.11