New
Mexico Register / Volume XXVIII, Issue 19 / October 17, 2017
This is an
amendment to 2.1.2 NMAC, Sections 7 through 12, effective 10/17/2017.
2.1.2.7 DEFINITIONS:
A. “Board” means state board of finance.
B. “New Mexico register” means the official
publication for all notices of rule makings and filings of adopted rules,
including emergency rules, by agencies and is published by the state records
administrator.
C. “NMAC” means New Mexico administrative
code.
D. “Records center” means the New Mexico
commission of public records, state records center and archives.
[E. “Rule” means any regulation, order,
standard or statement of policy of the board including amendments and repeals
that affects one or more agencies besides the board or affects persons not
members or employees of such board.]
[2.1.2.7 NMAC - N,
1/15/2001; A, 10/17/2017]
2.1.2.8 RULEMAKING
NOTICE:
A. The board shall distribute a notice of proposed
rulemaking at least 30 days before the hearing on the rule change by:
(1) posting the notice on the board website;
(2) posting the notice on the sunshine portal;
(3) making the notice available in the board’s offices;
(4) sending
the notice by mail or electronic mail to persons who have made a written
request to the board for advance notice of hearings and who have provided a
mail or an electronic mail address to the board;
(5) providing the notice to the New Mexico legislative council
for distribution to appropriate interim and standing legislative committees;
and
(6) publishing the notice in the New Mexico register and in a
newspaper of general circulation in the state.
B. Content - The
notice shall include:
(1) a summary of the full text of the proposed rule;
(2) a short explanation of the purpose of the proposed rule;
(3) a citation to the specific legal authority authorizing the
proposed rule and the adoption of the rule;
(4) information on how a copy of the full text of the proposed
rule may be obtained, including an internet link to the full text;
(5) information on how a person may comment on the proposed
rule, where comments will be received and when comments are due;
(6) information on where and when a public rule hearing will be
held and how a person may participate in the hearing; and
(7) a citation of technical information, if any, that served as
a basis for the proposed rule, and information on how the full text of the
technical information may be obtained.
[2.1.2.8 NMAC - N,
10/17/2017]
2.1.2.9 COMMENTS
ON RULEMAKING:
A. The public comment
period shall commence upon publication of the notice required by Section
2.1.2.8 NMAC and end as provided for in the notice.
B. A person may
submit written or electronic comments on a proposed rule change, and those
comments shall be made part of the hearing record. Individuals or entities shall provide written
comments on the proposed rule change to the board administrator through the end
of the public comment period, unless the board president or the board extends
the time for filing comments. The board
president or the board may extend the time for filing written or electronic
comments by making an announcement at the hearing or by posting notice on the
board’s website. The board administrator
shall post copies of written or electronic comments that persons have filed
with the board administrator on the board’s website as soon as practicable
after they are filed.
[2.1.2.9 NMAC - N,
10/17/2017]
[2.1.2.8] 2.1.2.10 PROCESS OF ADOPTION OF RULES:
A. [Prior to
adoption (including amendment or repeal) of any rule, the board shall, within
the time specified by law, or within at least thirty days prior to its proposed
action, publish notice of its proposed action in the manner specified by
law. If no manner is specified, then
notice should be published in the New Mexico register, and in at least one
newspaper, trade, industrial or professional publications, if applicable, to
give public notice to interested persons.
The minimum following information should be listed in the notice:
(1) ending date for public comment period, the deadline being no
shorter than 30 days from time of notice.
(2) brief general description of rule.
(3) location of where proposed rule can be obtained.
(4) location of and person to whom written comments should be
submitted.
(5) time, date and place of board meeting at which proposed rule
will be considered for adoption.
B. A notice of the
public comment period for a rule shall be announced at a board meeting
coinciding with the notice being published in the New Mexico register.
C. All public
comments must be submitted in written form.
D.] Upon
completion of the public [notice] comment period, the board shall fully
consider all submissions of public comments, and the findings and recommendations
of a board committee or staff at a [board meeting] public hearing
following the public comment period.
After the public hearing, [The] the board may:
(1) adopt the proposed rule without revision;
(2) revise and adopt the proposed rule;
(3) revise
the proposed rule and seek additional comments;
(4) reject the proposed rule; or
(5) repeal the rule.
B. At the time it adopts the rule, the board shall
provide to the public a concise explanatory statement containing:
(1) the date the agency adopted the rule;
(2) a reference to the specific statutory or other authority
authorizing the rule; and
(3) any findings required by a provision of law for adoption of
the rule.
[2.1.2.10 NMAC -
N, 1/15/2001; A & Rn, 10/17/2017]
[2.1.2.9] 2.1.2.11 FILING AND
PUBLICATION; EFFECTIVE DATE:
A. [Upon
approval by the board] Within 15 days
after the adoption of a rule, the board staff shall [deliver one
original paper copy and one electronic copy of the rule in NMAC form to] file
the adopted rule with the records center and shall provide to the public
the adopted rule. [The records
center shall note the date and hour of filing and shall maintain the original
copy as a permanent record open to public inspection.
B. The records
center shall publish the rule in a timely manner.
C] B. Except as provided in 2.1.2.10 NMAC, no rule shall be valid or
enforceable until it is filed with the records center and published in the New
Mexico register as provided by the State Rules Act. Unless a later date is otherwise provided by
law, the effective date of the rule shall be the date of publication in the New
Mexico register.
[D] C. Relevant rules may be posted on the board’s
[web site] website, as determined by board staff.
[2.1.2.11 NMAC -
N, 1/15/200; A & Rn, 10/17/2017]
[2.1.2.10] 2.1.2.12 EMERGENCY
RULES:
A. If the board
determines that an emergency exists which requires immediate action to [protect
the public peace, health, welfare, safety, or substantial financial gain or
loss to the state] prevent an imminent peril to public health, safety or
welfare, the unanticipated loss of funding for a an agency program, or a
violation of federal law, it may adopt a rule or amendment or repeal
thereof, and the emergency rule shall become effective immediately upon its
filing [under] in accordance with the State Rules Act. The emergency rule shall be published in the
New Mexico register within [thirty] 30 days of this filing.
B. [The reason
for the emergency shall be stated in the emergency rule.] The board shall provide to the public a
record of any finding pursuant to Subsection A of this section and a detailed
justification for that finding before issuing an emergency rule. The record shall include a statement that the
emergency rule is temporary. After such
record has been provided to the public, the board may issue the emergency rule
immediately without a public rule hearing or with any abbreviated notice and
hearing that it finds practicable.
C. The emergency
rule shall not continue in effect longer than [forty-five] 45
days unless within that time the board commences proceedings to adopt the rule
by issuing the notice required in Section 2.1.2.8 NMAC.
D. If the board
commences proceedings under Section 2.1.2.8 NMAC, the emergency rule shall
remain in effect until a permanent rule takes effect or until the procedures
are otherwise completed.
E. In no event
shall any emergency rule remain in effect for more than [one hundred twenty]
120 days.
[2.1.2.12 NMAC -
N, 1/15/2001; A & Rn, 10/17/2017]