N.M. Code R. § 16.1.2.10 – Procedure for Sunrise Review

A. The Applicant Group first shall submit a letter of intent to the Manager, declaring its interest in becoming regulated by the State of New Mexico and its desire to begin the sunrise review process. The letter of intent shall be delivered to: Sunrise Program Manager, Regulation and Licensing Department, State of New Mexico, Post Office Box 25101, 725 St. Michaels Drive, Santa Fe, New Mexico 87504
B. Upon receipt of the letter of intent, the Manager shall contact the Applicant Group to arrange for a meeting to discuss the application requirements set forth in these rules and regulations and in the Applicant Group Questionnaire; if, for any reason, the Applicant Group's representative(s) cannot attend such a meeting, the Manager shall send to the Applicant Group a copy of these rules and regulations and an Applicant Group Questionnaire.
C. Upon request by the Applicant Group, the Manager will review a draft of the application and recommendchanges as necessary. The Applicant Group, however, is the final authority on the contents of the application.
D. The Applicant Group shall submit its completed application to the Manager at the address set forth in paragraph "A" above.
E. An application fee of one thousand dollars ($1,000.00) must accompany the completed Questionnaire. The check or money order in payment of such fee shall be made payable to "Regulation and Licensing Department".
F. Within ten (10) working days of the Manager's receipt of the application from an Applicant Group:
(1) If the application is complete, the Manager shall send a letter of acceptance to the Applicant Group stating its proposal has been accepted for sunrise review; or
(2) If the application is not complete, the Manager shall send a letter to the Applicant Group stating specifically what additional information is necessary.
G. When the Applicant Group's application has been accepted for sunrise review, the Manager shall notify in writing the Department, Committee, boards covered by the Uniform Licensing Act, and Governor's Office, and shall begin the sunrise review process. If necessary, the Manager shall contact the Applicant Group to clarify documentation or to request additional information.
H. During the process of sunrise review, the Manager shall solicit comments from the public relative to the necessity or desirability of regulation of the Applicant Group. The Manager may contact directly boards covered by the Uniform Licensing Act, professional associations, interested parties and groups and/or schedule public hearings to be held in one or more cities in the State.
I. The Manager shall submit to the Department a written review and evaluation of the Applicant Group's proposal and a recommendation regarding regulation.
J. The Manager, with the Department's approval, shall submit to the Committee and to the Governor's Office a written review and evaluation of the Applicant Group's proposal and a recommendation regarding regulation.
K. The Committee shall review the Applicant Group's proposal and the Department's written comments and recommendation. The Committee may conduct a hearing on the pro the proposal or may request additional information from the Applicant Group. It shall be the responsibility of the Applicant Group to furnish promptly any additional information requested by the Committee.
L. If the Committee finds that all criteria for licensure or regulation of an occupation or profession have been met pursuant to Section 12-9A-3, NMSA 1978, 1993 Supplement, it may recommend creation of a new board or commission to regulate or license the occupation or profession. Such recommendation shall be made to the legislature in accordance with the requirements of Section 12-9A-5, NMSA 1978, 1993 Supplement.
M. If the Committee does not find that all criteria for licensure or regulation of an occupation or profession have been met, it may recommend denial of the application for regulation.
N. If the Committee finds that the criteria for licensure or regulation of an occupation or profession would be met if amendment were made to the application for regulation, it may recommend such amendment to the Applicant Group and it may allow such amendment to be made to the application before making its final recommendation.
O. Whether the Committee recommends approval or denial of the application of an Applicant Group, it may make additional recommendations regarding solutions to problems identified during the sunrise review.
[2/1/94; Recompiled 12/31/01]