N.M. Code R. § 1.12.2.13 – Adoption of Rules

A. Proposed rules. Any person may submit a proposal for a rule to the commission. The office shall evaluate the proposal for compliance with the state information architecture and the state strategic plan and shall report its findings and recommendations to the commission. The commission may reject the proposal, agree to consider it further, or approve a comment draft. The comment draft may contain modifications agreed to by the commission.
B. Emergency rules. The CIO may issue an emergency rule in accordance with 1 NMAC 3.3.20, Emergency Rules [now 1.24.20 NMAC]. Executive agencies shall comply with an emergency rule pending its adoption by the commission pursuant to the rulemaking procedures set forth in this section or until the emergency rule expires.
C. Notice of proposed rulemaking. The office shall cause a notice of proposed rulemaking to be published once in the New Mexico register and once in a newspaper of general circulation in the state, and posted on the internet at its internet address at least twenty-five (25) calendar days prior to adoption of the proposed rule.
D. Availability of comment draft. The office shall:
(1) post comment drafts on the Internet at its internet address;
(2) send comment drafts to all members of the information technology oversight committee;
(3) notify all persons on the electronic distribution list that a comment draft is available for comment; and
(4) mail or fax a hard copy of a comment draft to any person requesting a copy of the comment draft in writing or by telephone.
E. Comment procedure. The office shall make a comment draft available for comment for at least twenty (20) calendar days prior to its adoption. Any person may submit written comments on the proposed rule to the Office in hard copy or by electronic means. All comments received before the deadline for receipt of comments will be considered; comments received after the deadline will not be considered.
F. Review. The office shall review all comments for compliance with the state information architecture and the state strategic plan, prepare a summary of all comments received before the deadline, and report its findings and recommendations to the commission.
G. Commission action. The commission shall consider the comment draft, the summary of comments, and the findings and recommendations of the office at a meeting held after the comment period. The commission may adopt the proposed rule without revision, revise and adopt the proposed rule, revise the proposed rule and seek additional comments, or reject the proposed rule,.
H. Amendment and repeal of rules. The commission may amend, replace, or repeal rules in accordance with the procedures set forth in this section.
I. Records of rulemakings. The office shall compile a record of all rulemakings containing at a minimum the notice of rulemaking, the comment draft, all comments received by the deadline for the receipt of comments, the minutes of commission meetings at which the proposed rule was discussed, the stamped copy of the adopted rule filed with the state records center, and the transmittal form and shall maintain them for a period of at least three (3) years from the date the rule becomes effective.
J. Availability of adopted rules. The office shall post all rules adopted by the commission on the internet at the office's internet address.
[2-1-00; Recompiled 11/30/01]