This
rule was filed as 16 NMAC 1.2
TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER 1 OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS
PART
2 SUNRISE
PROGRAM ADMINISTRATIVE
16.1.2.1 ISSUING AGENCY: [Regulation and Licensing Department].
[2/1/94;
Recompiled 12/31/01]
16.1.2.2 SCOPE: Any 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 must comply with
the provisions of the Act and must submit an application for regulation in
accordance with these rules and regulations.
[2/1/94;
Recompiled 12/31/01]
16.1.2.3 STATUTORY AUTHORITY: These rules and regulations are adopted pursuant
to Section 12-9A-6, NMSA 1978, 1993 supplement.
[2/1/94;
Recompiled 12/31/01]
16.1.2.4 DURATION: [Permanent].
[2/1/94;
Recompiled 12/31/01]
16.1.2.5 EFFECTIVE DATE: February 1, 1994 [unless a later date is cited
at the end of a section].
[2/1/94;
Recompiled 12/31/01]
16.1.2.6 OBJECTIVE: PURPOSE OF SUNRISE REVIEW:
A. The sunrise review
establishes a system for investigation of the necessity of State regulation of
an occupation or profession prior to the legislature enacting any law for such
regulation.
B. The sunrise review
enables the Committee and legislature to evaluate the need for regulation of an
occupation or profession and to determine the level of regulation needed to
safeguard the public health, safety or welfare.
[2/1/94;
Recompiled 12/31/01]
16.1.2.7 DEFINITIONS: Each of the following
terms shall have the meaning indicated when used in these rules and
regulations:
A. "Act" is the Sunrise Act (Sections 12-9A-l
through 12-9A-6, NMSA 1978, 1993 Supplement).
B. "Applicant Group" is any business or professional
group or organization, any individual, or any other interested party who
submits a completed application for sunrise review to the Manager.
C. "Committee" is the Legislative Finance
Committee of the State of New Mexico.
D. "Department" is the Regulation and Licensing
Department of the State of New Mexico.
E. "Manager" is the Sunrise Program Manager of
the Regulation and Licensing Department of the State of New Mexico.
F. "Sunrise Review" is the process by which a
determination is made regarding the necessity for State regulation of an
occupation or profession.
[2/1/94;
Recompiled 12/31/01]
16.1.2.8 FUNDING OF SUNRISE PROGRAM:
A. To implement the provisions of the Act, the Department
was granted authority to assess costs of the sunrise program among boards
covered by the Uniform Licensing Act (Sections 61-1-1 through 61-1-31, NMSA
1978).
B. The Department shall submit an annual budget request for
the costs of the sunrise program. Funding shall be approved by the legislature
as part of the General Appropriations Act. The Department shall assess annually
each board covered by the Uniform Licensing Act a proportionate share, based
upon its budget, for the costs of the sunrise program.
C. The Department shall return proportionately to the
contributing boards any of their contributed funds that are unexpended by the
sunrise program at the end of the fiscal year.
D. The Department shall deposit to the funds of the sunrise
program all application fees paid by Applicant Groups. Such application fees
shall be used to pay part of the costs of the sunrise program, thereby reducing
proportionately the contribution of each of the boards for the costs of the
sunrise program.
[2/1/94;
Recompiled 12/31/01]
16.1.2.9 APPLICATION FOR REGULATION -
GENERAL INFORMATION:
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.
[2/1/94;
Recompiled 12/31/01]
16.1.2.10 PROCEDURE FOR SUNRISE REVIEW:
A. The Applicant Group first shall submit a letter of intent
to the Manager, declaring its interest in becoming regulated by the State of
New Mexico and its desire to begin the sunrise review process. The letter of
intent shall be delivered to: Sunrise Program Manager, Regulation and Licensing
Department, State of New Mexico, Post Office Box 25101, 725 St. Michaels Drive,
Santa Fe, New Mexico 87504
B. Upon receipt of the letter of intent, the Manager shall
contact the Applicant Group to arrange for a meeting to discuss the application
requirements set forth in these rules and regulations and in the Applicant
Group Questionnaire; if, for any reason, the Applicant Group's
representative(s) cannot attend such a meeting, the Manager shall send to the
Applicant Group a copy of these rules and regulations and an Applicant Group
Questionnaire.
C. Upon request by the Applicant Group, the Manager will
review a draft of the application and recommendchanges as necessary. The
Applicant Group, however, is the final authority on the contents of the
application.
D. The Applicant Group shall submit its completed
application to the Manager at the address set forth in paragraph "A"
above.
E. An application fee of one thousand dollars ($1,000.00)
must accompany the completed Questionnaire. The check or money order in payment
of such fee shall be made payable to "Regulation and Licensing
Department".
F. Within ten (10) working days of the Manager's receipt of
the application from an Applicant Group:
(1) If the application is complete, the
Manager shall send a letter of acceptance to the Applicant Group stating its
proposal has been accepted for sunrise review; or
(2) If the application is not complete, the
Manager shall send a letter to the Applicant Group stating specifically what
additional information is necessary.
G. When the Applicant Group's
application has been accepted for sunrise review, the Manager shall notify in
writing the Department, Committee, boards covered by the Uniform Licensing Act,
and Governor's Office, and shall begin the sunrise review process. If
necessary, the Manager shall contact the Applicant Group to clarify
documentation or to request additional information.
H. During the process of sunrise review, the Manager shall
solicit comments from the public relative to the necessity or desirability of
regulation of the Applicant Group. The
Manager may contact directly boards covered by the Uniform Licensing Act,
professional associations, interested parties and groups and/or schedule public
hearings to be held in one or more cities in the State.
I. The Manager shall submit to the
Department a written review and evaluation of the Applicant Group's proposal
and a recommendation regarding regulation.
J. The Manager, with the Department's
approval, shall submit to the Committee and to the Governor's Office a written
review and evaluation of the Applicant Group's proposal and a recommendation
regarding regulation.
K. The Committee shall review the Applicant Group's proposal
and the Department's written comments and recommendation. The Committee may conduct a hearing on the
pro the proposal or may request additional information from the Applicant
Group. It shall be the responsibility of the Applicant Group to furnish
promptly any additional information requested by the Committee.
L. If the Committee finds that all criteria for licensure or
regulation of an occupation or profession have been met pursuant to Section
12-9A-3, NMSA 1978, 1993 Supplement, it may recommend creation of a new board
or commission to regulate or license the occupation or profession. Such recommendation shall be made to the
legislature in accordance with the requirements of Section 12-9A-5, NMSA 1978,
1993 Supplement.
M. If the Committee does not find that all criteria for
licensure or regulation of an occupation or profession have been met, it may
recommend denial of the application for regulation.
N. If the Committee finds that the criteria for licensure or
regulation of an occupation or profession would be met if amendment were made
to the application for regulation, it may recommend such amendment to the
Applicant Group and it may allow such amendment to be made to the application
before making its final recommendation.
O. Whether the Committee recommends approval or denial of
the application of an Applicant Group, it may make additional recommendations
regarding solutions to problems identified during the sunrise review.
[2/1/94;
Recompiled 12/31/01]
16.1.2.11 REAPPLICATION FOR SUNRISE REVIEW:
A. If the Committee does not recommend creation of a new
board or commission to license or regulate a profession or occupation, the
Applicant Group may reapply for a sunrise review after the expiration of one
(1) year from the date of the Committee's decision.
B. Notwithstanding the time limitation
of paragraph "A" above, in the event of extreme or compelling
circumstances or clear evidence of harm or endangerment to the health, safety
or welfare of the public, the Applicant Group may reapply for sunrise review at
any time.
C. When reapplying for sunrise review, the Applicant Group
shall follow the procedure for sunrise review as set out in Section 201.00 of
these rules and regulations.
[2/1/94;
Recompiled 12/31/01]
16.1.2.12 APPLICATION FEE: The application fee shall be one thousand
dollars ($1,000.00) for any Applicant Group seeking State regulation of a
profession or occupation through creation of a new board or commission.
[2/1/94;
Recompiled 12/31/01]
16.1.2.13 MISCELLANEOUS FEES:
A. The fee for photocopies of documents shall be twenty-five
cents ($0.25) per page.
B. The fee for certified copies of documents shall be fifty
cents ($0.50) per page.
C. The fee for any check which fails to clear the bank or is
returned unpaid for any reason shall be twenty dollars ($20.00).
[2/1/94;
Recompiled 12/31/01]
16.1.2.14 SEVERABILITY: If any part of the application of these rules
and regulations is held invalid, the remainder of its application to other
situations, groups or persons shall not be affected.
[2/1/94;
Recompiled 12/31/01]
HISTORY
OF 16.1.2 NMAC: [RESERVED]