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HOUSE BILL 425
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong and Rebecca Dow and Cristina Parajón
AN ACT
RELATING TO RULES; AMENDING THE STATE RULES ACT; REQUIRING AN
AGENCY TO RESPOND IN WRITING TO PUBLIC COMMENTS ON A PROPOSED
RULE BEFORE THE RULE IS PROMULGATED; REQUIRING PUBLICATION IN
THE NEW MEXICO REGISTER OF AGENCY RESPONSES TO PUBLIC COMMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 14-4-5 NMSA 1978 (being Laws 1967,
Chapter 275, Section 6, as amended) is amended to read:
"14-4-5. TIME LIMIT ON ADOPTION OF A PROPOSED RULE--
FILING AND COMPLIANCE REQUIRED FOR VALIDITY.--
A. Except in the case of an emergency rule, no rule
shall be valid or enforceable until it is published in the New
Mexico register as provided by the State Rules Act.
B. An agency shall not adopt a rule until the
public comment period has ended and the agency has responded in
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writing to each public comment on the proposed rule . If the
agency fails to take action on a proposed rule within two years
after the notice of proposed rulemaking is published in the New
Mexico register, the rulemaking is automatically terminated
unless the agency takes action to extend the period. The
agency may extend the period of time for adopting the proposed
rule for an additional period of two years by filing a
statement of good cause for the extension in the rulemaking
record, but it shall provide for additional public
participation, comments and rule hearings prior to adopting the
rule.
C. An agency may terminate a rulemaking at any time
by publishing a notice of termination in the New Mexico
register. If a rulemaking is terminated pursuant to this
section, the agency shall provide notice to the public.
D. Within fifteen days after adoption of a rule, an
agency shall file the adopted rule with the state records
administrator or the administrator's designee and shall provide
to the public the adopted rule. The state records
administrator or the administrator's designee shall publish
rules as soon as practicable after filing, but in no case later
than ninety days after the date of adoption of the proposed
rule. Unless a later date is otherwise provided by law or in
the rule, the effective date of a rule shall be the date of
publication in the New Mexico register.
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E. A proposed rule shall not take effect unless it
is adopted and filed within the time limits set by this
section."
SECTION 2. Section 14-4-5.3 NMSA 1978 (being Laws 2017,
Chapter 137, Section 5) is amended to read:
"14-4-5.3. PUBLIC PARTICIPATION, COMMENTS AND RULE
HEARINGS.--
A. The notice of proposed rulemaking shall specify
a public comment period of at least thirty days after
publication in the New Mexico register during which a person
may submit information and comment on the proposed rule. The
information or comment may be submitted in an electronic or
written format or at a public rule hearing pursuant to
Subsection B of this section. The agency shall consider all
information and comment on a proposed rule that is submitted
within the comment period and respond in writing to each public
comment, pursuant to Subsection D of this section .
B. At the public rule hearing, members of the
public shall be given a reasonable opportunity to submit data,
views or arguments orally or in writing. Each agency shall
determine, in accordance with governing statutory and case law,
the manner in which parties to the proceeding and members of
the public will be able to participate in public hearings. All
public hearings shall be conducted in a fair and equitable
manner. Except as otherwise provided by law, an agency
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representative or hearing officer shall preside over a public
rule hearing.
C. The public rule hearing shall be open to the
public and be recorded.
D. An agency response to a public comment on a
proposed rule shall:
(1) be unique to that public comment;
(2) be fact-specific to the concerns of that
comment;
(3) address the impact of the comment on the
rule to be promulgated;
(4) be in writing; and
(5) be published with the rule in the New
Mexico register."
SECTION 3. Section 14-4-7.1 NMSA 1978 (being Laws 1989,
Chapter 38, Section 1, as amended) is amended to read:
"14-4-7.1. NEW MEXICO REGISTER.--
A. The state records administrator shall provide
for publication of a New Mexico register at least twice a
month. The New Mexico register shall be published in such a
way as to minimize the cost to the state. To accomplish this,
the state records administrator is authorized to provide for
charges for subscriptions and for publication of notice and
other items, including advertising, in the register.
B. The New Mexico register shall be the official
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publication for all notices of rule makings and filings of
adopted rules, including emergency rules, by agencies. [(1) ]
The register shall include the full text of any adopted rules,
including emergency rules, and responses to public comments as
provided in Subsection D of Section 14-4-5.3 NMSA 1978 .
Proposed rules may be published in full or in part at the
discretion of the issuing agency. [(2) ] Upon request of an
issuing agency, the state records administrator may determine
that publication in the register of the full text of an adopted
rule would be unduly cumbersome, expensive or otherwise
inexpedient and may publish instead a synopsis of the adopted
rule and a statement that a copy of the rule is available from
the issuing agency.
C. The New Mexico register shall be available by
subscription and single copy purchase to any person, including
agencies of the executive, judicial and legislative branches of
state government and its political subdivisions, at a
reasonable charge approved by the state records administrator.
The administrator may authorize distribution of a certain
number of copies of the register without charge to agencies or
political subdivisions as deemed economically feasible and
appropriate.
D. The New Mexico register may include a summary or
the text of any governor's executive order; a summary, listing
or the text of any attorney general's opinion; a calendar
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listing the date, time and place of all or selected agency
rule-making hearings; a list of gubernatorial appointments of
state officials and board and commission members; or other
material related to administrative law and practice.
E. The state records administrator shall adopt and
promulgate rules necessary for the implementation and
administration of this section."
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