New Mexico Register / Volume XXXVI, Issue 9 / May 6, 2025

Notice of proposed rulemaking

NOTICE IS HEREBY GIVEN that the New Mexico Higher Education Department (NMHED or Department) will hold a public rulemaking hearing on June 10, 2025. The hearing will begin at 9:00 a.m. and will be held via Microsoft Teams and in person at the New Mexico Higher Education Department. The purpose of the hearing is to take public comment regarding the proposed amendment of 5.7.36 NMAC, COMMUNITY GOVERNANCE ATTORNEY PROGRAM.

Join via Microsoft Teams:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGZlNzQxYWUtMmQ4NC00ZDEzLWIzN2QtYWM4YjYxMDdjOGUw%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22c327f958-5970-4536-8f6b-03d48b60d29e%22%7d

Or call in (audio only):

+1 (505) 312-4308

Phone Conference ID: 725 894 881#

Purpose:

The purpose of the proposed amendment of 5.7.36 NMAC is to align the rule with criteria established in H.B. 24 58th Leg., 1st Sess. (N.M. 2025). H.B. 24 adjusts duties for the Community Governance Attorney Program which provides financial support to qualified third-year law students at the University of New Mexico School of Law and fifty percent of the salaries for the recipients' first two years of employment providing legal services to Acequias, Land Grants-Mercedes or low-income residents of Colonias. H.B. 24 updates requirements for the qualifying employers entering into contracts and clarifies that attorney services provided under the contracts shall be free. H.B. 24 also adjusts criteria for the salary of program participants and changes the Community Governance Attorney Commission (Commission) membership requirements. Lastly, the requirement for the matching funding from service providers to be “non-state” funding is removed.

Summary of proposed rule:

The proposed amendment updates duties of the Department, the Commission and the University of New Mexico (University). The amendment also updates the make-up of the Commission and criteria for service providers and contracts. A new section is added for the responsibilities of the University. Subsequent sections are renumbered, and references are adjusted accordingly. Definitions are added and various grammatical and stylistic changes are included.

Details for Obtaining a Copy, Public Hearing and Comments: The proposed rule is posted on the NMHED website and may be accessed at https://hed.nm.gov/ under the “Data, Reports & Rules” section. To request that a copy of the proposed rule be sent to you by mail or e-mail, please contact HigherEd.Info@hed.nm.gov or (505) 476-8411.

A public hearing will be held on June 10, 2025 from 9:00 a.m. until 9:30 a.m. via Microsoft Teams and in person at the NMHED Office located at 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505. Any person who is or may be affected by this proposed rule may participate. Interested persons may submit written comments to NMHED at 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505 or HigherEd.Info@hed.nm.gov. Written comments must be received no later than 4:00 p.m. on June 6, 2025. Please note that any written or verbal comments received will become part of the rulemaking record, be posted to the New Mexico Sunshine Portal and be accessible to the public. If submitting written comments by email, please indicate in the subject line the number and section of each rule(s) for which you are providing comments. Oral comments will also be accepted at the rule hearing, subject to time limitations.

Legal authority for this rulemaking can be found in Section 9-25-1 et seq. NMSA 1978 and Section 21-21Q-1 et seq. NMSA 1978.

Any person with a disability who is in need of a reader, amplifier, qualified sign language interpreter or auxiliary aid or service to attend or participate in the hearing should contact (505) 476-8411 or email HigherEd.Info@hed.nm.gov ten (10) business days prior to the hearing.