New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS
Part 2 - SUNRISE PROGRAM
Section 16.1.2.9 - APPLICATION FOR REGULATION - GENERAL INFORMATION
Current through Register Vol. 35, No. 18, September 24, 2024
A. An Applicant Group seeking state licensure or regulation of a profession or occupation not under the authority of an existing agency shall submit an application for regulation to the sunrise program.
B. The burden of proving the need for regulation of an occupation or profession is on the Applicant Group. The Applicant Group can demonstrate a need for regulation by meeting the criteria for licensure and regulation set forth in the Act. The more thoroughly the need for regulation is substantiated by the Applicant Group, the more easily and quickly the application can be reviewed.
C. A complete application consists of submittal to the Manager of the completed Applicant Group Questionnaire and the required fee. The Questionnaire must be complete in all details arid all items must be addressed.
D. The Applicant Group shall submit sufficient information to enable the Manager, Department and Committee to fairly, adequately and completely evaluate its application.
E. The Applicant Group shall cooperate with the Manager, Department and Committee as necessary to interpret and clarify the application and supporting materials. The Applicant Group shall provide, to the extent possible, all information requested by the Manager, Department or Committee.
F. Ordinarily, an Applicant Group's approved request for regulation will be considered by the legislature only during one of its "long" sessions; i.e., during odd-numbered years. Therefore, it is recommended that the Applicant Group have its completed application in the Manager's office by January 1st, but in no case later than April 1st, of the even-numbered year preceding the legislature's "long" session. The earlier an Applicant Group submits its application, the better its chances of receiving a complete sunrise review prior to the start of a particular legislative session. Although the Manager, Department and Committee shall make every effort to promptly complete their sunrise review of each application, it is possible, upon occasion, that a complete review of a particular application cannot be completed prior to the start of a particular legislative session. In such case, if the application for licensure or regulation is approved at a later date by the Committee, the Committee shall consider action on the proposed licensure or regulation at the next legislative opportunity.
G. Ordinarily, an application from an Applicant Group will be reviewed in the order in which it is received; i.e., the first application received shall be the first one reviewed. If it is necessary for the Manager, Department or Committee to establish priorities, the priority of one applicant group over another will be based on information in the applications, particularly that relating to the potential harm to the public that may be caused by the continued practice of the unregulated group. In such case, the Manager, Department or Committee shall decide on the order in which each application shall be reviewed.
