New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 3 - RULEMAKING
Section 19.15.3.8 - RULEMAKING INITIATION

Universal Citation: 19 NM Admin Code 19.15.3.8

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

A. Any person may file an application with the commission to adopt, amend or repeal any rule within the commission's jurisdiction. The application shall be in writing and specifically identify the rule the applicant proposes to adopt, amend or repeal. The application shall include the following:

(1) a brief summary of the proposed rule's intended effect;

(2) a draft of the proposed rule;

(3) the applicant's name;

(4) the applicant's address, or the address of its attorney, including an e-mail address if available; and

(5) a proposed legal notice for publication, which meets the requirements of Subsection B of 19.15.3.9 NMAC .

B. An applicant shall file the application for rulemaking with the commission clerk. The applicant shall file the application by delivering the application to the commission clerk in person or by mail and shall also send an electronic copy of the application to the commission clerk.

C. Upon receiving an application for rule change the commission clerk shall file the application, and shall deliver a copy to all commissioners within 10 business days of the application's receipt. shall determine within 60 days of the application's filing whether to hear the application, and if the commission decides to hear the application, the chairman shall schedule a hearing on the rule change application. The commission shall determine, at a public meeting at least 15 days and no later than within 60 days of the application's filing, whether to hold a public hearing on the proposed rule. If the commission decides to hold a public hearing on the proposed rule, the commission may set the date for the hearing and may issue orders specifying procedures for the conduct of the hearing in addition to the procedures in 19.15.3 NMAC, including naming a hearing officer, providing additional public notice and providing for a pre-hearing conference. Prior to the hearing, the chair or other hearing officer appointed by the commission shall have the authority to schedule or continue a hearing, hold a pre-hearing conference and rule on any non-dispositive motions.

D.19.15.3.8 NMAC shall not apply to special pool orders, which the commission or the division may adopt, amend or rescind in adjudicatory proceedings subject to 19.15.4.9 NMAC and 19.15.4.12 NMAC's notice provisions.

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