Current through Register Vol. 35, No. 18, September 24, 2024
A. Amendments to a part shall be prepared by
the agency in such a manner as to provide for full- section addition,
substitution or deletion. Parts shall only be amended by replacement, deletion
or addition of whole sections. Deleting, replacing or adding words and
sentences to a section shall be accomplished by replacement of the whole
section.
(1) If a section contains entirely
new material, unrelated to the material formerly contained in the section with
the same NMAC number, then the former section shall be repealed.
The repeal shall be identified within the history note at the
end of the section with the appropriate notation (see
1.24.10.20
NMAC).
(2) An addition of a
new section is an amendment to the part.
(3) If an entire part is being amended ,
agencies shall have to file a repeal and replace of the part.
(4) The first sentence on the first page of
the text of an amendment shall state, "This is an amendment to (insert
appropriate title number, chapter number, part number) NMAC, Section (insert
the section number of the amended sections), effective (insert appropriate
effective date)." Example: This is an amendment to 1.12.10 NMAC, Sections 8, 9
& 10, effective June 1, 2015.
(5) For clarity, agencies may precede the
text of an amendment with an explanatory paragraph to be published in the New
Mexico register but which shall not be part of the rule or may publish a
synopsis thereof.
B.
Repeals shall be done by the issuing agency at the part level by identifying an
expiration in the duration section of the part or by issuing a repealer. If
less than a full part is being repealed, the rule fling shall be treated as an
amendment. If other parts are affected by the repeal, they shall be amended as
appropriate.
(1) If a part has been entirely
rewritten and restructured so that a detailed section by section comparison is
not possible, the agency may repeal the existing part and issue a new part with
either the same or new part number as a repeal and replace. Where a new part
number is used, an agency may record a reference to the pre-existing part in
the historical note of the new part.
(2) The history note shall reflect the
original NMAC effective date and number. When a part has been entirely
repealed, its history shall be reflected in the history of the part, which
shall remain in the NMAC.
(3) Once
a part number has been used in the NMAC, the history of the part shall continue
to contain all NMAC history for that part, regardless of repealers.
C. Superseding rule flings are not
permitted. This activity shall be handled through amendment of the part or by
repeal and replacement of the part.
