Chapter 12 — Chapter 12

A. In conducting adjudicatory proceedings, agencies shall afford all parties an opportunity for full and fair hearing. Unless otherwise provided by any law, agencies: (1) may place on any party the responsibility of requesting a hearing if the agency notifies him in writing of hi…

In adjudicatory proceedings: A. irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in non-jury civil actions in the district courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof unde…

No agency or member thereof shall: A. participate in a final decision in an adjudicatory proceeding unless he has heard the evidence or read the record. A final decision or order in an adjudicatory proceeding shall be in writing or stated in the record. A final or tentative decis…

No party or representative of a party or any other person shall communicate off the record about the case with any agency member who participates in making the decision in any adjudicatory proceeding unless a copy of the communication is sent to all parties to the proceeding. No …

A. Unless otherwise provided by law, no agency shall revoke, suspend or refuse to renew any license unless it has first afforded the licensee an opportunity for hearing in conformity with Sections 10, 11, 12, 13 and 15 [12-8-10 to 12-8-13 and 12-8-15 NMSA 1978] of the Administrat…

disqualifications. A. The agency conducting proceedings under the Administrative Procedures Act may, subject to rules of privilege and confidentiality recognized by law, requiring [require] the furnishing of information, the attendance of witnesses and the production of books, re…

Any party who has exhausted all administrative remedies available within the agency and who is adversely affected by a final order or decision in an adjudicatory proceeding may appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 4-32-16, enacte…

ANNOTATIONS Repeals. — Laws 1998, ch. 55, § 94 repealed 12-8-17 through 12-8-22 NMSA 1978 as enacted by Laws 1969, ch. 252, §§ 17 through 22, relating to intervention, stay of enforcement of agency decision, record of proceeding, additional evidence, conduct of review, and scope …

As used in the Administrative Procedures Act: A. "agency" means any state board, commission, department or officer authorized by law to make rules, conduct adjudicatory proceedings, make determinations, grant licenses, impose sanctions, grant or withhold relief or perform other a…

The provisions of the Administrative Procedures Act apply to agencies made subject to its coverage by law, or by agency rule or regulation if permitted by law. In the event of any conflict between any existing law and the provisions of the Administrative Procedures Act, the provi…

The provisions of the Administrative Procedures Act may be amended, repealed or superseded by another act of the legislature only by direct reference to the section or sections of the Administrative Procedures Act being amended, repealed or superseded. History: 1953 Comp., § 4-32…

The legislature expressly declares its purpose in enacting the Administrative Procedures Act is to promote uniformity with respect to administrative procedures and judicial review of administrative decisions, and the Administrative Procedures Act shall be liberally construed to c…

In addition to other rulemaking requirements imposed by law, each agency shall: A. adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available; B. set forth in written form all statements of general policy adopted as authorize…

A. Prior to the adoption, amendment or repeal of any rule, the agency shall, within the time specified by law, or if no time is specified, then at least thirty days prior to its proposed action: (1) publish notice of its proposed action in the manner specified by law, or if no ma…

A. Each agency shall file each rule, amendment or repeal thereof, adopted by it, including all rules existing on the effective date of the Administrative Procedures Act, according to the State Rules Act [Chapter 14, Article 4 NMSA 1978] unless the rules have already been so filed…

ANNOTATIONS Repeals. — Laws 1995, ch. 110, § 11 repealed former 12-8-6 NMSA 1978, as enacted by Laws 1969, ch. 252, § 6, relating to the publication of agency rules, effective July 1, 1995. For provisions of former section, see 1994 NMSA 1978 on NMOneSource.com. For present compa…

Any interested person may petition an agency requesting the promulgation, amendment or repeal of a rule and may accompany his petition with data, views and arguments he thinks pertinent. Within thirty days after the submission of a petition, the agency either shall deny the petit…

otherwise provided for. A. Unless otherwise provided by law, the validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of Santa Fe county, if the rule, or its threatened application, interferes with or impairs, or threat…

Each agency shall by rule establish a system for declaratory rulings as to the applicability of any statutory provision, rule, decision or order. Such rulings shall be issued upon petition by one whose interests, rights or privileges are immediately at stake, except when the agen…

Chapter 12, Article 8A NMSA 1978 may be cited as the "Governmental Dispute Prevention and Resolution Act". History: Laws 2000, ch. 65, § 1; 2007, ch. 206, § 1.

As used in the Governmental Dispute Prevention and Resolution Act: A. "agency" means the state and its agencies, departments, boards, instrumentalities or institutions that are insured by the division; B. "alternative dispute resolution" means a process other than litigation used…

agency coordinators. A. An agency shall provide interested parties with access to alternative dispute resolution procedures to prevent or resolve any dispute, issue or controversy involving any of the agency's operations, policies, programs or functions, including formal and info…

A. An agency shall take fiscal actions necessary to achieve the objectives of the Governmental Dispute Prevention and Resolution Act and pay for costs incurred in taking those actions, including reasonable fees for training, policy review, system design, evaluation and the use of…

Nothing in the Governmental Dispute Prevention and Resolution Act and rules, agreements and procedures developed pursuant to that act: A. limits other dispute prevention or resolution procedures available to an agency; B. denies a person a right granted under federal or other sta…

council created. A. The "alternative dispute prevention and resolution advisory council" is created in the division. The council consists of nine voting members as follows: (1) the secretary of general services; (2) the secretary of finance and administration; (3) the director of…

council; duties. The council shall: A. review information about the use of alternative dispute resolution, including referrals, and make recommendations to the office to improve the effectiveness of alternative dispute resolution programs; B. develop strategies to encourage and e…

created; powers; duties. A. The "office of alternative dispute prevention and resolution" is created as a bureau of the division. B. In order to promote alternative dispute resolution, the office shall: (1) organize and manage alternative dispute resolution programs for agencies,…

Sections 1 through 11 [12-9-11 to 12-9-21 NMSA 1978] of this act may be cited as the "Sunset Act." History: Laws 1981, ch. 241, § 1.

The legislature finds that state government actions have produced a substantial increase in numbers of programs and a proliferation of rules and regulations and that the whole process has developed in a haphazard, piecemeal fashion resulting in overlapping and duplication without…

If no action is taken by the legislature to amend the delayed repeal of an agency and its related laws by the date of termination, the agency shall continue until the date of the delayed repeal for the purpose of winding up its affairs. During the wind-up period, the termination …

The life of any agency scheduled for termination under the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] may be continued by the legislature for periods set by the legislature in such manner that the termination occurs on July 1 of an odd-numbered year, and the delayed repeal of the …

A. Prior to the termination of any agency pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978], the legislative finance committee shall hold a public hearing, receive testimony from the public and the head of the regulatory agency involved and make a recomm…

The Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall not cause the dismissal of any claim or right of a citizen against any agency specified therein or any claim or right of such agency terminated pursuant to that act which is subject to litigation. The claims and rights of such a…

The governor may by executive order assign any safety or health inspection function repealed under the terms of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] to any other appropriate state department or agency within the executive department of state government. History: Laws 198…

Each agency subject to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall review its rules and regulations periodically and, as a result of that review, update its rules and regulations at least once every three years. Each agency subject to the provisions of t…

This act [12-9A-1 to 12-9A-6 NMSA 1978] may be cited as the "Sunrise Act". History: Laws 1993, ch. 257, § 1.

The purpose of the Sunrise Act is to assure that an unregulated profession or occupation that is not under the authority of an existing agency and that seeks to create a new board or commission for the public health, safety or welfare complies with the provisions of the Sunrise A…

In determining whether to enact legislation to create a new board or commission to provide for licensure or regulation of a profession or occupation that is currently not subject to state licensure or regulation, the legislature shall consider whether the following criteria are m…

Any group seeking licensure or regulation of a profession or occupation through creation of a new board or commission shall, upon payment of an application fee not to exceed one thousand dollars ($1,000), request a review and evaluation of such proposed licensure or regulation fr…

If the legislative finance committee recommends creation of a new board or commission to license or regulate a profession or occupation, the following information shall be included with its recommendation: A. the number of individuals or businesses that would be subject to licens…

The regulation and licensing department may adopt and promulgate rules to implement the provisions of the Sunrise Act and assess costs among boards covered by the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 1993, ch. 257, § 6. ARTICLE 9B Emergency Powers Co…

Chapter 12, Articles 10, 10A, 11 and 12 NMSA 1978 may be cited as the "Emergency Powers Code". History: Laws 2005, ch. 22, § 1.

Sections 12-10-1 through 12-10-10 NMSA 1978 may be cited as the "All Hazard Emergency Management Act". History: 1953 Comp., § 9-13-15, enacted by Laws 1959, ch. 190, § 1; 1973, ch. 247, § 1; 2007, ch. 291, § 9.

A. It is the duty of all political subdivisions of the state and their coordinators of the all hazard emergency management programs appointed pursuant to the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] to comply with and enforce all execu…

Sections 12-10-11 through 12-10-13 NMSA 1978 may be cited as the "Emergency Licensing Act". History: Laws 2005, ch. 22, § 2.

During an emergency, a person who holds a license, certificate or other permit that is issued by a state or territory of the United States and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approve…

period. A. An out-of-state business that conducts operations within the state for purposes of performing disaster- or emergency-related work in response to a declared state disaster or emergency during the disaster response period shall not be considered to have established a lev…

The provisions of Section 12-10-11 NMSA 1978 apply to a person from any state or territory whether or not a party to the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978]. History: Laws 2002, ch. 83, § 3; 2007, ch. 291, § 20.

During an emergency, a person who holds a license, certificate or other permit that is issued by the state and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approved by the department of health or…

This act [12-10-14, 12-10-15 NMSA 1978] may be cited as the "Emergency Management Assistance Compact". History: 1978 Comp., § 11-15-1, enacted by Laws 1999, ch. 87, § 1, recompiled as § 12-10-14 by Laws 2005, ch. 22, § 4.