New Mexico Administrative Code

The State Rules Act, Section 14-4-1 et seq. NMSA 1978, directs the state records administrator to publish a state register twice a month for notices of rule-making, proposed rules, adopted rules and other material relative to administrative law. The register provides a method for…

[RESERVED] See 1.24.1.7 NMAC for applicable definitions

A. Agencies shall publish in the New Mexico register: (1) notices of rule-making; and (2) adopted rules filed with the administrative law division of the state records center under the State Rules Act, either in full text, short-form publication or in synopsis; synopses shall hav…

All notices submitted for filing must conform to the following requirements: A. The content of any notice of proposed rulemaking must have at least the following: (1) name of agency holding the hearing; (2) a summary of or the actual full text of the proposed rule; (3) a short ex…

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New Mexico Office of the Attorney General, 408 Galisteo Street, Santa Fe, NM 87501.

A. Any person may file a petition for rulemaking with an agency. B. A petition for rulemaking shall be made in writing and include an explanation of the purpose or statement of reasons for the proposed rule. A petition shall include a citation to the legal authority authorizing t…

The agency shall provide to the public, as defined in Section 14-4-2 NMSA 1978, notice of the proposed rulemaking a minimum of 30 calendar days prior to the public rule hearing and in accordance with requirements of Section 14-4-5.2 NMSA 1978.

A. The public comment period must be at least 30 calendar days, beginning after publication of the notice in the New Mexico register and issuance of the rulemaking notice. The agency shall not adopt a proposed rule before the end of the public comment period. B. A person may subm…

A. Prior to adopting a proposed rule, the agency must hold a public rule hearing. The purpose of the hearing is to provide all interested persons a reasonable opportunity to submit data, views or arguments orally or in writing on the proposed rule. The agency, at its sole discret…

A. The agency shall maintain a record of the rulemaking proceeding as required in Section 14-4-5.4 NMSA 1978, and any written comment, document, or other exhibit entered into the record during the rule hearing shall be labeled clearly. Pre-filed written comments are part of the r…

A. Within 15 calendar days after the date of adoption of a rule, the agency shall file the adopted rule with the state records administrator and shall provide to the public the adopted rule and concise explanatory statement in accordance with the State Rules Act. B. Unless anothe…

The agency shall comply with the rulemaking procedures in Section 14-4-5.6 NMSA 1978, regarding the promulgation of emergency rules.

State agencies that have not adopted their own procedural rules consistent with the State Rules Act, Sections 14-4-1 to -11 NMSA 1978 (1967, as amended through 2017).

Section 14-4-5.8 NMSA 1978.

Permanent.

April 10, 2018, unless a later date is cited at the end of a section.

To provide default procedural rules for public rule hearings for use by agencies that have not adopted their own procedural rules consistent with the State Rules Act and to facilitate public engagement with the administrative rulemaking process in a transparent, organized, and fa…

This rule adopts the definitions found in Section 14-4-2 NMSA 1978.

A. Agencies that have not adopted their own procedural rules consistent with the State Rules Act shall apply these default rules, until such time as they have adopted their own rules. B. Agencies may adopt these default rules, in whole or in part as their own, or continue to use …

A. The rulemaking process may be initiated by an agency when a notice for a rule hearing is publicly posted pursuant to this rule. B. The agency shall proceed with the rulemaking process by posting public notice, publishing the proposed rule for comment, and setting a public rule…

State Commission of Public Records - State Records Center and Archives and the State Library Division of the Cultural Affairs Department

Section 18-2-4.1 NMSA 1978 directs agencies to deposit copies of all publications issued by that agency with the state documents depository clearinghouse at the state library. A. State agencies must have an approved publications officer on file with the state library. A publicati…

Subsection J of Section 18-2-4 NMSA 1978 directs the state librarian to establish and administer a library depository system for state documents and publications. A. Depositories shall provide sufficient space in a public area to adequately house the state publications. B. Deposi…

All state agencies

A. Section 14-3-21 NMSA 1978 directs the state commission of public records to adopt and promulgate uniform standards of style and format for official reports of state agencies required by law. B. Section 14-3-22 NMSA 1978 directs agencies to follow the uniform standards of style…

Permanent

July 15, 2010, unless a later date is cited at the end of a section.

To establish standards and procedures for filing, preserving and providing access to state publications and to reduce unnecessary expense to the taxpayers in connection with publications designed primarily for the purpose of reporting to, or informing, the governor, the legislatu…

A. "Agency" means any agency, authority, board, bureau, commission, committee, department, institution or officer of state government except the judicial and legislative branches of state government. B. "Depositories" means those libraries designated by the state library division…

State agencies are required to deposit copies of all state publications intended for public distribution with the state library division within 30 days of publication. Publications may be deposited in any one of three formats: paper (Subsection A), electronic (Subsection B) or th…

A. State publications in all formats shall display at the beginning of the publication the title of the publication, name of the agency, publication date, physical address, email address and website URL. B. Pages shall be numbered for identification. C. Paper publications shall b…

General Services Department - State Purchasing Division.

Whenever a dollar amount appears in this rule, such amount is exclusive of applicable gross receipts and local option taxes as the term is defined in Subsection Q of Section 7-9-3 NMSA 1978.

A. Tort liability. Except as provided for in the Tort Claims Act, Section 41-4-1 through 41-4-27 NMSA 1978, no contract governed by this rule shall contain any provision whereby a state agency agrees to indemnify or provide tort liability insurance for any contractor. B. Other ri…

If any provision of this rule, or any application thereof, to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this rule which can be given effect without the invalid provision or application.

The provisions of 1.4.1.14 through 1.4.1.28 NMAC apply to every procurement made by competitive sealed bids.

All procurement performed pursuant to the procurement code shall be achieved by competitive sealed bids except procurement achieved pursuant to the following methods: A. competitive sealed proposals; B. small purchases; C. sole source procurement; D. emergency procurement; E. pro…

A. General: The invitation for bids ("IFB"), also sometimes referred to as the invitation to bid (ITB), is used to initiate a competitive sealed bid procurement. The IFB shall include the following: (1) the specifications for the services, construction or items of tangible person…

Publication. The IFB or notice thereof shall be published not less than ten calendar days prior to the date set for the opening of bids. The IFB or notice must be published in accordance with statute. A. These requirements of publication are in addition to any other procedures th…

Pre-bid conferences may be conducted to explain the procurement requirements. If a pre-bid conference is to be held it shall be noticed in the IFB. The conference should be held long enough after the IFB has been issued to allow bidders to become familiar with it, but sufficientl…