New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 24 - RULES
Part 10 - NEW MEXICO ADMINISTRATIVE CODE
Section 1.24.10.8 - NMAC STRUCTURE AND IDENTIFICATION

Universal Citation: 1 NM Admin Code 1.24.10.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. The NMAC, a hierarchical structure, is divided into titles, chapters and parts, on the basis of subject matter. A title broadly organizes related governmental rule material in the first level of the hierarchy. The title is divided into chapters that identify distinct governmental functions. The chapter is divided into parts. The part relates to specific subject matter. It is at this level that rules are organized. The part is subdivided into sections. The section may be further subdivided into subsections, paragraphs and sub-paragraphs.

B. Each division of the NMAC through the section level shall have a name and number.

(1) The names and numbers of NMAC titles are listed in 1.24.10.26 NMAC, TABLE OF CONTENTS. Chapter names and numbers shall be assigned and maintained by the records center.

(2) The individual number of a title, chapter, part or section shall be expressed as a whole number. Titles shall be limited to two arabic digits; chapters shall be limited to three arabic digits; and parts and sections shall be limited to four arabic digits.

C. Subsections shall be indicated by at least one, but not more than three, upper-case alphabetic characters. Paragraphs are indicated by at least one, but not more than three, arabic digits within parentheses. Sub-paragraphs shall be indicated by at least one, but not more than three, lower-case alphabetic characters within parentheses.

D. The part name and number shall be assigned by the fling agency and subject to approval by the administrative law division of the state commission of public records.

(1) The part names shall be descriptive and not exceed 120 characters. Agencies shall use names that provide adequate notice of the nature and content of the part.

(2) The individual part number shall not exceed four arabic digits and shall not include dashes or alphabetic characters.

(3) "Part 1" of each chapter shall be used or reserved for the general provisions that apply to all the parts in that chapter.

E. At the beginning of each part, an agency shall identify the part by title number and name, chapter number and name, and part number and name.

F. The first seven sections of each part shall state:

(1) Section 1 -name of the issuing agency in a section entitled "ISSUING AGENCY";

(2) Section 2 -the scope of the part in a section entitled "SCOPE";

(3) Section 3 -the statutory authority under which a part is issued, in a section entitled "STATUTORY AUTHORITY";

(4) Section 4 -the intended duration of the part in a section entitled "DURATION";

(5) Section 5 -the effective date of the part in a section entitled "EFFECTIVE DATE";

(6) Section 6 -the objective of the part in a section entitled "OBJECTIVE";

(7) Section 7 -the definitions that apply just to the part in a section entitled

"DEFINITIONS." If there are no definitions for the part, Section 7 shall be reserved i.e., . An annotation to general provisions may be included.

G. Section 8, and all subsequent sections, shall encompass the body of rule material specific to the part.

H. A section has both a name and number assigned by the promulgating agency. Each section shall be identified at the beginning by the full NMAC number (title number, followed by a period, chapter number, followed by a period, part number, followed by a period and the section number) followed by the name of the section. Example: Section 12 of this part is 1.24.10.12 STYLE

I. A section may be divided into subsections. Subsections may be used to further group similar paragraphs.

J. A paragraph is a unit of grammatical, tabular or other discrete, organized information that may be, although not advisably, divided into further units.

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