New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 24 - RULES
Part 1 - GENERAL PROVISIONS
Section 1.24.1.7 - DEFINITIONS
Universal Citation: 1 NM Admin Code 1.24.1.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. Terms beginning with the letter "A":
(1)
"Agency" means any agency, board, commission, department,
institution or officer of the state government except the judicial and
legislative branches (Subsection A of Section
14-4-2
NMSA 1978).
(2)
"Amendment" means a change or modification to the existing text of a
rule. An amendment can be no less than a section. A repeal of less than a part
is an amendment.
(3)
"Annotation" means referenced material that is not part of the rule,
located in brackets at the end of a section.
B. Terms beginning with the letter "B": [RESERVED]
C. Terms beginning with the letter "C":
(1)
"Chapter" means the
required NMAC designation for the normal division of a title. Chapter names and
numbers are assigned by the records center, based upon the subject matter
covered by agencies' rule filings. The chapter identifies distinct governmental
functions, or subject-matter areas, usually, but not always, under the
jurisdiction of a single agency.
(2)
"Cited material" means the
source document from which the rule text was derived. The source document need
not be consulted in order to determine what the rule is.
(3)
"Compact disk (CD)" means a
digital optical disc data storage format.
(4)
"Compilation" means the
composition of filed rules into the New Mexico administrative code.
D. Terms beginning with the letter "D":
(1)
"Duration" means the length of time a rule is intended to be in effect,
either permanent or for a set period of time. It is placed in the required NMAC
section entitled DURATION.
E. Terms beginning with the letter "E":
(1)
"Effective date"
means the date the rule goes into effect. It is placed in the required NMAC
section entitled EFFECTIVE DATE. A rule's effective date cannot be earlier than
the date of publication in the New Mexico register.
(2)
"Emergency rule" means a
rule filing whose immediate implementation is necessary for the public peace,
health, safety or general welfare.
F. Terms beginning with the letter "F":
(1)
"Filing" means
the process by which one paper copy of a part or amendment, the corresponding
electronic copy, the agency billing information sheet, and the NMAC transmittal
form are delivered to the records center and, if accepted by the records
center, are date stamped and accessioned. See also "rule filing".
(2)
"Filing date" means the
date a rule filing is date stamped by the records center.
G. Terms beginning with the letter "G": [RESERVED]
H. Terms beginning with the letter "H":
(1)
"History note" means the
required annotation of changes or repeals to a part or a section noted at the
end of a modified section. At a minimum, this note contains the effective date
of the original filing and the dates and identification numbers of any
subsequent amendment(s), promulgation(s) and any repeal.
(2)
"History of the part" means
the material located after the last section of the part comprising pre-NMAC
history and history of repealed material.
(3)
"History of repealed
material" means the listing of repealed pre-NMAC or NMAC material that
pertains to the subject matter of the part. The listing contains the pre-NMAC
rule number or NMAC number and the name and the effective date of repeal for
each repealed rule or part. It is placed in the history of the part.
I. Terms beginning with the letter "I":
(1)
"Incorporation
by reference" see, "referenced material incorporated or adopted by
rule".
(2)
"Integrated
part" means a compiled part that incorporates amendments to sections of
that part.
(3)
"Issuing
agency" means the agency that originally promulgated the rule, or its
successor agency. It is listed in the required NMAC section entitled ISSUING
AGENCY.
(4)
"Issuing
authority" means the public official or employee of the issuing agency
who is specifically authorized to approve the issuance of rules for that
agency.
(5)
"Item"
means the normal division of a sub-paragraph that is always the eighth level of
the NMAC hierarchy. Items are identified by a lower-case roman numeral within
parentheses.
J. Terms beginning with the letter "J": [RESERVED]
K. Terms beginning with the letter "K": [RESERVED]
L. Terms beginning with the letter "L": [RESERVED]
M. Terms beginning with the letter "M": [RESERVED]
N. Terms beginning with the letter "N":
(1)
"Name" means the textual
designation of a title, chapter, part or section.
(2)
"New part" means a part
which did not previously exist in the New Mexico administrative code and where
no pre-NMAC rules exist covering the same subject matter, or a complete
replacement of an entire part and its amendments.
(3)
"NMAC" means the New Mexico
administrative code, the organizing structure for rules filed by New Mexico
state agencies. The NMAC is also the body of filed rules and the published
versions thereof. The hierarchy of the NMAC is structured by title, chapter,
part and section.
(4)
"nmac
table of contents" means the master list of approved NMAC titles
maintained by the records center. It may also include chapter and part
designations.
(5)
"Normal
style" means left justified, Times New Roman 10 point font,
single-spaced text, with one inch margins and one-half inch header and
footer.
(6)
"Notice of
rulemaking" means the advertisement published in the New Mexico register
to provide public notice of an agency's intention to promulgate a rule(s) along
with the date and time of hearings for the purpose of collecting public comment
on the proposed rule(s).
(7)
"Number" means the numerical designations assigned to titles, chapters,
parts and sections that combine to form a unique numerical designation for a
rule. Numbers need not be sequentially assigned and intermediate ranges may be
reserved.
O. Terms beginning with the letter "O":
(1)
"Objective" means the
purpose of the rule or the reason for its necessity. It is stated in the
required NMAC section entitled OBJECTIVE.
(2)
"Original filing" means the
first filing of new rule material.
P. Terms beginning with the letter "P":
(1)
"Paragraph"
means the normal division of a subsection and the sixth level of the NMAC
hierarchy. Paragraphs are identified by a number within parentheses.
(2)
"Part" means the required
NMAC designation for the normal division of a chapter. A part consists of a
unified body of rule material applying to a specific function or devoted to a
specific subject matter. Structurally, a part is the equivalent of a
rule.
(3)
"Pre-NMAC
history" means the regulatory filing history (list) of filed rules,
prior to converting to NMAC style and format, that provided the source material
for the specific NMAC part. It contains the rule number, the rule name and the
filing date for each listed rule.
(4)
"Promulgation" means the
public declaration of the adoption of an official and final rule.
(5)
"Publication in the New Mexico
register" means the process of publishing in the New Mexico register in
accordance with 1.24.15 NMAC. The publication date is the date of the issue of
the New Mexico register in which a rule appears.
Q. Terms beginning with the letter "Q": [RESERVED]
R. Terms beginning with the letter "R":
(1)
"Recompile" means the
action of renumbering, reformatting and restructuring an existing rule without
changing the text so that it complies with the current NMAC style and
formatting requirements. Rules are recompiled for the convenience of using the
NMAC website. The original filing remains the official version of the
rule.
(2)
"Records
center" means the commission of public records, state records center and
archives, the agency responsible for administering the State Rules Act, Section
14-4-1 et
seq. NMSA 1978.
(3)
"Referenced material incorporated or adopted by rule" means a source
document that must be consulted in order to determine what the rule is, where
such incorporated or adopted material is not stated in the rule.
(4)
"Reformat" means the
application of adopted style and format requirements to current rules to
conform to the NMAC structure promulgated by the records center.
(5)
"Renumbering" means the
assignment of a new number to an existing chapter, part or section.
(6)
"Repealer" means a rule
filing which revokes or annuls an entire part.
(7)
"Re-promulgation" means the
filing of pre-existing rule material with the express intent that it continue
in effect, or resume being in effect. This was done specifically pursuant to
Subsection D of
14-4-7
NMSA 1978.
(8)
"Reserved" means portions of the New Mexico administrative code (NMAC)
with the word RESERVED in square brackets. Chapters, parts and sections may be
reserved to hold space between lower numbered and higher numbered portions of
the hierarchy, or may be reserved by agencies with the intent to write rule
text in that area.
(9)
"Restructuring" means the reformatting and reorganizing of the hierarchy
of the NMAC by assigning new designations to existing rule material without
altering the content of that material.
(10)
"Rule" means any rule,
regulation, order, standard or statement of policy, including amendments
thereto or repeals thereof, issued or promulgated by an agency of state
government and purporting to affect one or more agencies besides the agency
issuing the rule or to affect persons not members or employees of the issuing
agency, and as further defined in subsection C of Subsection
14-4-2
NMSA 1978 and Attorney General Opinion No. 93-1.
(11)
"Rule filing" means the
body of rule material organized for filing in accordance with Section
14-4-3
NMSA 1978 and 1.24.10 NMAC.
S. Terms beginning with the letter "S":
(1)
"Scope" means
the extent of a rule's coverage. It identifies to whom the rule applies and
whom it affects - for example, to the general public, for-profit corporations,
public utilities, all state agencies, etc. It includes exclusions from
coverage, and cross-reference to other parts of the NMAC which deal with the
same or similar subject matter. It also indicates whether the rule is
exhaustive of the subject area and whether other rules may apply. It is stated
in the required NMAC section entitled SCOPE.
(2)
"Section" means the
required NMAC designation for the normal subdivision of a part. It has both a
name and number, is the smallest fillable unit of a rule filing of the NMAC and
is the fourth level of the NMAC hierarchy.
(3)
"Statutory authority" means
the statute or constitutional provision which authorizes the promulgation of
rules concerning the topic of the part. In the absence of express legislative
authority, statutory authority cites to the general legislative authority of
the agency over the topic of the rule. It is stated in the required NMAC
section entitled STATUTORY AUTHORITY.
(4)
"Sub-paragraph" means the
normal subdivision of a paragraph that is always the seventh level of the NMAC
hierarchy. Sub-paragraphs are identified by a lower case letter within
parentheses.
(5)
"Subsection" means the normal subdivision of a section and is always the
fifth level of the NMAC hierarchy. A subsection is identified by a capital
letter.
(6)
"Synopsis" means a condensed version or outline of a rule.
T. Terms beginning with the letter "T":
(1)
"Title"
means the required NMAC designation for the major divisions of the NMAC. Each
title brings together broadly related governmental functions and is the first
level of the NMAC hierarchy. Titles shall be assigned by the records
center.
(2)
"Title
case" means the style where the first letter of each significant word is
capitalized.
U. Terms beginning with the letter "U":
(1)
"URL" means the internet
address of a web site.
(2)
"USB flash drive" means a data storage device that includes flash memory
with an integrated universal serial bus (USB) interface. USB flash drives are
typically removable and rewritable, and physically much smaller than an optical
disc.
(3)
"U.S. law"
means the United States code, the code of federal regulations, the federal
register, New Mexico statutes, published portions of the NMAC and any material
referenced therein.
V. Terms beginning with the letter "V": [RESERVED]
W. Terms beginning with the letter "W": [RESERVED]
X. Terms beginning with the letter "X": [RESERVED]
Y. Terms beginning with the letter "Y": [RESERVED]
Z. Terms beginning with the letter "Z": [RESERVED]
[The most recent amendment includes definitions not previously promulgated.]
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
