12.2.1.9

Rule-making prerequisites:

1. A. Prior to the adoption, amendment or repeal of any rule, the attorney general shall, within the time specified by law, or if no time is specified, then at least 30 days prior to its proposed action:

   (1) publish notice of the proposed action in the state register; and

   (2) notify any person specified by law, and, in addition, any person or group filing a written request for notice of proposed action which may affect that person or group, notification being by mail or otherwise to the last address specified by the person or group. The notice shall:

   (a) give the time and place of any public hearing or state the manner in which data, views or arguments may be submitted to the attorney general by any interested person;

   (b) either state the express terms or adequately describe the substance of the proposed action or adequately state the subjects and issues involved; and

   (c) include any additional matter required by any law, together with specific reference to the statutory authority under which the rule is proposed;

   (3) afford all interested persons reasonable opportunity to submit data, views or arguments orally or in writing. If the attorney general finds that oral presentation is unnecessary or impracticable, he may require data, views or arguments to be submitted in writing.

   (4) All written documents shall be submitted to the attorney general no later than 30 days after the conclusion of any hearing. Where oral presentation is unnecessary or impracticable, written documents shall be submitted no later than 30 days after publication of a notice of a proposed rule in the state register. The attorney general shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule contested at hearing or otherwise, the attorney general shall issue a concise statement of his principal reasons for adoption of the rule together with the reasons for any rejections. All persons heard or represented at any hearing or who submit any writing to be considered in connection with the proposed rule, shall promptly be given a copy of the decision by mail or otherwise.

2. B. Emergency procedures: If the attorney general finds that immediate adoption, amendment or suspension of a rule is necessary for the preservation of the public peace, health, safety or general welfare, or if the attorney general for good cause finds that observance of the requirements of notice and public hearing would be contrary to the public interest, the attorney general may dispense with such requirements and adopt, amend or suspend the rule as an emergency. The attorney general’s finding and a brief statement of the reasons for his finding shall be incorporated in the emergency rule, amendment or suspension filed under 10.1 of this Part [now Subsection A of Section 12.2.1.10 NMAC].

3. C. Upon adoption of an emergency rule, amendment or suspension, notice of the adopted emergency rule, amendment or suspension shall be published in the state register and all interested persons shall be afforded reasonable opportunity to submit data, views or arguments orally or in writing as required in this part for proposed rules.

   [5/1/98; Recompiled 10/15/01]