New Mexico Administrative Code

February 29, 2000 unless a later date is cited at the end of a section.

The objective of this rule is to establish the general provisions for the rules filed in this chapter.

A. Terms beginning with the letter "A": (1) "Agency" means any agency, board, commission, department, institution or officer of the state government except the judicial and legislative branches (Subsection A of Section 14-4-2 NMSA 1978). (2) "Amendment" means a change or modifica…

State Records Administrator.

A. The issuing authority is responsible for ensuring compliance with the requirements set forth in this part. B. Where delegation is authorized, the agency may, by rule or formal appointment, specify an issuing authority other than that named in statute. The agency shall forward,…

"Rule" and "proposed rule" have been defined and set forth within statute (See Section 14-4-2 NMSA 1978).

A. Style shall be guided by relevant portions of the current edition of the legislative drafting manual of the New Mexico legislature published by the New Mexico legislative council service. The following provisions are specifically adopted. (1) Chapter 4, Bill Drafting, the port…

A. Electronic storage media for rule filings shall be one of the following: (1) USB-flash-drive; or (2) CD; or, (3) as an attachment via an e-mail address. B. For rule filings, the electronic format shall be MS Windows version of MS Word software using Times New Roman, 10-point f…

A. Paper: (1) Output shall be produced from, and not vary from, the electronic version of the rule filing. (2) Size shall be 8.5 x 11 inches. (3) Weight shall be a minimum of 20-lb. bond or copier paper. (4) Color shall be white. B. Ink: Color shall be black and uniform throughou…

A. Each rule filing delivered to the records center shall be accompanied by a completed NMAC transmittal form in hard copy with an original signature in black ink or with a digital signature, as defined in Paragraph 1 of Subsection D of 1.12.7.7 NMAC. B. The administrative law di…

A. At the time of filing the filing agency shall present the following, which has been reviewed and pre-approved by administrative law division: (1) one paper version of the completed NMAC transmittal form; (2) one electronic version of the text of the rule or amendment; (3) one …

A. The administrative law division shall refuse to file written material if it is not a rule as defined in the State Rules Act or if the materials submitted for rule filing do not conform to the style and format requirements detailed in 1.24.10 NMAC. (1) Materials that are not ru…

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 …

A. Agencies may report errors at any time. Differences detected between the Official and compiled rules shall be reported to the administrative law division, in writing, as soon as possible. B. The administrative law division shall effect correction of differences detected in the…

All state agencies. General provisions, including applicable definitions, are found in 1.24.1 NMAC. There are additional requirements on submitting a rule filing for publication in the New Mexico register (see 1.24.15 NMAC), for emergency rule filings (see 1.24.20 NMAC) and for t…

History notes facilitate the use of the NMAC and track the historical development of a rule provision. A. There shall be a history note appended at the end of each section. B. The history note shall contain the original effective date of sections filed after the implementation of…

A. Pre-NMAC history is the first division of the history of the part and shall contain the pre-NMAC development of the rule material included in the part. The records center may add this material in brackets where it has not previously been part of the NMAC. B. History of repeale…

A. The source of material, which is fully included in the text of the rule, may be given as a citation. Where there is no intent to include in the rule additional material by incorporation from the cited reference, the source material need not be attached. B. Referenced material …

If an agency chooses to incorporate copyrighted material into a rule, it shall receive permission from the copyright holder prior to such incorporation. Such permission shall include the right to incorporate such material into the NMAC and to have such material subject to the law…

Exceptions to any provision of 1.24.10 NMAC shall be requested in writing to the state records administrator and may be approved by the state records administrator on a filing-by-filing basis.

A. If a chapter on a specific subject does not exist in the NMAC hierarchy, an agency may send a written request to the state records administrator for the creation of a new chapter. If the state records administrator approves the request, a new chapter will be created in the NMA…

Code Titles 1 General Government Administration 2 Public Finance 3 Taxation 4 Cultural Resources 5 Post-Secondary Education 6 Primary and Secondary Education 7 Health 8 Social Services 9 Human Rights 10 Public Safety and Law Enforcement 11 Labor and Workers' Compensation 12 Trade…

Section 14-4-7.2 NMSA 1978 directs the state records administrator to create and publish a New Mexico administrative code, and to adopt regulations setting forth procedures for compiling the code and prescribing the format and structure of the code. Section 14-4-3 NMSA 1978 direc…

Permanent.

February 29, 2000, unless a later date is cited at the end of a section.

The objective of this rule is to establish standards for uniform rule filings in an easily understood and common format. These standards are designed to ensure that rules are readily identifiable and available for public inspection; that each rule filing can be historically trace…

[Reserved] [See 1.24.1.7 NMAC for applicable definitions]

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 governmen…

A. The format for full citation of material contained in the NMAC shall be the name of the part, followed by a comma, a space, the name of the issuing agency, followed by a comma, a space, the title number, followed a period, the chapter number, followed by a period, the part num…

New Mexico Commission of Public Records - State Records Center and Archives.

If there is a compelling reason for restructuring any portion of the NMAC, the records center and the affected agency or agencies shall come to a consensus and make a written agreement detailing the changes; and A. if the restructuring was requested by the affected agency or agen…

The records center may update the history note and history of the part, as necessary.

All state agencies. General provisions, including applicable definitions, are found in 1.24.1 NMAC. There are additional standards and procedures for uniform rule filings (see 1.24.10 NMAC); submitting a rule filing for publication in the New Mexico register (see 1.24.15 NMAC) an…

Section 14-4-7.2 NMSA 1978 directs the state records administrator to create and publish a New Mexico administrative code, and to adopt regulations setting forth procedures for compiling the code and prescribing the format and structure of the code. Section 14-4-3 NMSA 1978 direc…

Permanent.

February 29, 2000 unless a later date is cited in the history note at the end of a section.

The objective of this rule is to establish standards and procedures for compiling rules due to reorganization of the NMAC in accordance with 1.24.10 NMAC.

[RESERVED] See 1.24.1.7 NMAC for applicable definitions

The state records administrator, in administering the State Rules Act, may restructure rules in the NMAC as necessary to create a useful compilation of state rules. Restructuring shall be undertaken only to improve the usability of the NMAC. The impact to affected agencies shall …

After NMAC style and format requirements are modified, the records center shall cause affected rules to be reformatted into the current NMAC style and format. A. The records center may format current rules not conforming to 1.24.10 NMAC and submit them to the issuing authority fo…

State Records Administrator.

Synopses of adopted rules must be certified as giving adequate notice of the contents of the rule. If an agency chooses to submit to the register a synopsis of an adopted rule in place of the full text it shall: A. Have legal counsel (the in-house attorney or its assigned assista…

A. Where a part is amended, an agency may select to publish just the section being modified. B. Where changes are minor, an agency may choose to publish only the full text that is actually being changed. (1) When less than a section is proposed to be published, the agency shall p…

A. All agencies shall submit adopted rules in electronic format according to criteria established in 1.24.10.13 NMAC. Where requirements of 1.24.10 NMAC are met, referenced material need not otherwise be included. Electronic copies of notices and proposed rules may be submitted v…

There shall be a $3.00 per column inch charge to agencies publishing material in the New Mexico register. All material shall be published in the New Mexico register shall use Word document Times New Roman, 10-point font.

A. Individual copies of the New Mexico register shall be $12.00. B. Annual paper subscription fees for the New Mexico register shall be $270.00.

All state agencies. General provisions, including applicable definitions, are found in 1.24.1 NMAC. There are additional requirements on submitting a rule filing to the records center, see 1.24.10 NMAC.

Subsection E of Section 14-4-7.1 NMSA 1978 directs the state records administrator to adopt and promulgate rules necessary for the implementation and administration of the New Mexico register.

Permanent.

February 29, 2000, unless a later date is cited at the end of a section.