Current through Register Vol. 35, No. 18, September 24, 2024
A.
Prior to the adoption, amendment or repeal of any rule, the attorney general
shall, within the time specified by law, or if no time is specified, then at
least 30 days prior to its proposed action:
(1) publish notice of the proposed action in
the state register; and
(2) notify
any person specified by law, and, in addition, any person or group filing a
written request for notice of proposed action which may affect that person or
group, notification being by mail or otherwise to the last address specified by
the person or group. The notice shall:
(a)
give the time and place of any public hearing or state the manner in which
data, views or arguments may be submitted to the attorney general by any
interested person;
(b) either state
the express terms or adequately describe the substance of the proposed action
or adequately state the subjects and issues involved; and
(c) include any additional matter required by
any law, together with specific reference to the statutory authority under
which the rule is proposed;
(3) afford all interested persons reasonable
opportunity to submit data, views or arguments orally or in writing. If the
attorney general finds that oral presentation is unnecessary or impracticable,
he may require data, views or arguments to be submitted in writing.
(4) All written documents shall be submitted
to the attorney general no later than 30 days after the conclusion of any
hearing. Where oral presentation is unnecessary or impracticable, written
documents shall be submitted no later than 30 days after publication of a
notice of a proposed rule in the state register. The attorney general shall
consider fully all written and oral submissions respecting the proposed rule.
Upon adoption of a rule contested at hearing or otherwise, the attorney general
shall issue a concise statement of his principal reasons for adoption of the
rule together with the reasons for any rejections. All persons heard or
represented at any hearing or who submit any writing to be considered in
connection with the proposed rule, shall promptly be given a copy of the
decision by mail or otherwise.
B. Emergency procedures: If the attorney
general finds that immediate adoption, amendment or suspension of a rule is
necessary for the preservation of the public peace, health, safety or general
welfare, or if the attorney general for good cause finds that observance of the
requirements of notice and public hearing would be contrary to the public
interest, the attorney general may dispense with such requirements and adopt,
amend or suspend the rule as an emergency. The attorney general's finding and a
brief statement of the reasons for his finding shall be incorporated in the
emergency rule, amendment or suspension filed under 10.1 of this Part [now
Subsection A of Section 12.2.1.10 NMAC].
C. Upon adoption of an emergency rule,
amendment or suspension, notice of the adopted emergency rule, amendment or
suspension shall be published in the state register and all interested persons
shall be afforded reasonable opportunity to submit data, views or arguments
orally or in writing as required in this part for proposed rules.
