New Mexico Register / Volume XXXI, Issue 10 / May 19, 2020
This is an emergency amendment to
1.24.10 NMAC, Section 15, effective 4/29/2020.
1.24.10.15 NMAC TRANSMITTAL FORM:
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 valid digital
signature.
B. The administrative law division
shall provide agencies with blank NMAC transmittal forms in electronic format.
C. The filing
agency shall complete the NMAC transmittal form and submit to the
administrative law division for review and approval prior to adoption of any
rulemaking.
D. The NMAC
transmittal form shall not be handwritten and shall be suitable for
reproduction.
E. The following
shall appear on the NMAC transmittal form:
(1) issuing
agency name and address;
(2) three
digit DFA account code for the agency (if applicable);
(3) volume,
issue, publication date in register for rule filing;
(4) contact
person's name, phone number, and e-mail address;
(5) type
of filing - i.e., new, amendment, renumber, repeal, repeal/replace or emergency
filing;
(6) total
number of pages;
(7) date(s)
of any public hearing(s) on the proposed rule or amendment;
(8) effective
date of the rule filing;
(9) NMAC
title, chapter and part name and number;
(10) description
of amendment (for amendment filing only, i.e. “amending two sections”);
(11) amendment’s
NMAC citation (i.e. 1.24.10.15 and 16 NMAC);
(12) sequence
number and most recent filing date of the part (if applicable and designated
for administrative law division use only);
(13) declaration
of incorporated material;
(14) if
reference materials are attached and are protected by copyright:
(a) indication
if copyright permission was obtained;
(b) the
proof of permission; or
(c) material
is within the definition of public domain;
(15) specific
statutory or other authority authorizing the rulemaking by the issuing agency
to promulgate rules;
(16) any
findings required by a provision of law for adoption of the rule;
(17) rule
adoption date; and
(18) rule
effective date.
F. Each rule filing
shall bear the original signature of the issuing authority or authorized
designee in black ink on the paper copy of the NMAC transmittal form. If authority is delegated, the box shall be
checked. For the duration of state of
public health emergency declared by governor under the Public Health Emergency
Response Act, any rule filing may be accepted, with a valid digital signature, and
will be filed by administrative law division on appropriate New Mexico register
submittal deadline; unless agency needs rule to be filed on a different date,
pursuant to Subsection D of Section 14-4-5 or Section 14-4-5.6 NMSA 1978, then
alternate arrangements will be made on a case by case basis.
G. Those portions
of the transmittal form that are completed by the issuing agency under the
concise explanatory statement heading shall be considered sufficient compliance
with State Rules Act and shall be provided to the public at the time the
issuing agency adopts any rule making.
[1.24.10.15
NMAC - Rp, 1 NMAC 3.3.10.11, 2/29/2000; A, 6/30/2004; A, 9/15/2014; A,
11/30/2015; A, 7/1/2017; A/E, 4/29/2020]