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HOUSE BILL 428
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Micaela Lara Cadena
AN ACT
RELATING TO RULEMAKING; AMENDING THE DEFINITION OF "RULE" IN
THE ADMINISTRATIVE PROCEDURES ACT AND THE STATE RULES ACT
REGARDING THE RULES CONCERNING THE RELEASE OF INMATES OF PENAL
OR CORRECTIONAL INSTITUTIONS; REQUIRING THE CORRECTIONS
DEPARTMENT TO PROVIDE FOR NOTICE OF ADOPTION OF RULES
PERTAINING TO INMATES, PROBATIONERS AND PAROLEES; REQUIRING THE
CORRECTIONS DEPARTMENT TO PROVIDE FOR PUBLIC COMMENT AND
PUBLISH A NOTICE OF ADOPTION OF RULES IN CERTAIN NEWS OUTLETS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 12-8-2 NMSA 1978 (being Laws 1969,
Chapter 252, Section 2) is amended to read:
"12-8-2. DEFINITIONS.--As used in the Administrative
Procedures Act:
A. "agency" means any state board, commission,
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department or officer that is authorized by law to make rules,
conduct adjudicatory proceedings, make determinations, grant
licenses, impose sanctions, grant or withhold relief or perform
other actions or duties delegated by law and [which ] that is
specifically placed by law under the Administrative Procedures
Act;
B. "adjudicatory proceeding" means a proceeding
before an agency, including but not limited to ratemaking and
licensing, in which legal rights, duties or privileges of a
party are required by law to be determined by an agency after
an opportunity for a trial-type hearing; but does not include a
mere rulemaking proceeding as provided in Section [3 of the
Administrative Procedures Act ] 12-8-3 NMSA 1978. It also
includes the formation and issuance of any order, the
imposition or withholding of any sanction and the granting or
withholding of any relief, as well as any of the foregoing
types of determinations or actions wherein no procedure or
hearing provision has been otherwise provided for or required
by law;
C. "license" includes the whole or part of any
agency permit, certificate, approval, registration, charter,
membership, statutory exemption or other form of permission
required by law;
D. "licensing" includes the agency process
respecting the grant, denial, renewal, revocation, suspension,
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annulment, withdrawal, amendment, limiting, modifying or
conditioning of a license;
E. "party" means each person or agency named or
admitted as a party or properly seeking and entitled as of
right to be admitted as a party, whether for general or limited
purposes;
F. "person" means any individual, partnership,
corporation, association, governmental subdivision or public or
private organization of any character other than an agency;
G. "rule" includes the whole or any part of every
regulation, standard, statement or other requirement of general
or particular application adopted by an agency to implement,
interpret or prescribe law or policy enforced or administered
by an agency, if the adoption or issuance of such rules is
specifically authorized by the law giving the agency
jurisdiction over such matters. It also includes any statement
of procedure or practice requirements specifically authorized
by the Administrative Procedures Act or other law, but it does
not include:
(1) advisory rulings issued under Section [9
of the Administrative Procedures Act ] 12-8-9 NMSA 1978;
(2) regulations concerning only the internal
management or discipline of the adopting agency or any other
agency and not affecting the rights of, or the procedures
available to, the public or any person except an agency's
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members, officers or employees in their capacity as such
member, officer or employee;
(3) regulations concerning only the
management, confinement, discipline or release of inmates of
state [penal, correctional ] public health or mental
institutions;
(4) regulations relating to the use of
highways or streets when the substance of the regulations is
indicated to the public by means of signs or signals; or
(5) decisions issued or actions taken or
denied in adjudicatory proceedings;
H. "rulemaking" means any agency process for the
formation, amendment or repeal of a rule;
I. "order" means the whole or any part of the final
or interim disposition, whether affirmative, negative,
injunctive or declaratory in form, by an agency in any matter
other than rulemaking but including licensing;
J. "sanction" includes the whole or part of any
agency:
(1) prohibition, requirement, limitation or
other condition affecting the freedom of any person or [his ]
the person's property;
(2) withholding of relief;
(3) imposition of any form of penalty;
(4) destruction, taking, seizure or
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withholding of property;
(5) assessment of damages, reimbursement,
restitution, compensation, taxation, costs, charges or fees;
(6) requirement, revocation, amendment,
limitation or suspension of a license; or
(7) taking or withholding of other compulsory,
restrictive or discretionary action;
K. "relief" includes the whole or part of any
agency:
(1) grant of money, assistance, license,
authority, exemption, exception, privilege or remedy;
(2) recognition of any claim, right, interest,
immunity, privilege, exemption or exception; or
(3) taking of any other action upon the
application or petition of, and beneficial to, any person;
L. "agency proceedings" means any agency process in
connection with rulemaking, orders, adjudication, licensing,
imposition or withholding of sanctions or the granting or
withholding of relief; and
M. "agency action" includes the whole or part of
every agency rule, order, license, sanction or relief, or the
equivalent or denial thereof, or failure to act."
SECTION 2. Section 14-4-2 NMSA 1978 (being Laws 1967,
Chapter 275, Section 2, as amended) is amended to read:
"14-4-2. DEFINITIONS.--As used in the State Rules Act:
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A. "agency" means any agency, board, commission,
department, institution or officer of the state government
except the judicial and legislative branches of the state
government;
B. "person" includes individuals, associations,
partnerships, companies, business trusts, political
subdivisions and corporations;
C. "proceeding" means a formal agency process or
procedure that is commenced or conducted pursuant to the State
Rules Act;
D. "proposed rule" means a rule that is provided to
the public by an agency for review and public comment prior to
its adoption, amendment or repeal and for which there is
specific legal authority authorizing the proposed rule;
E. "provide to the public" means for an agency to
distribute rulemaking information by:
(1) posting it on the agency website, if any;
(2) posting it on the sunshine portal;
(3) making it available in the agency's
district, field and regional offices, if any;
(4) sending it by electronic mail to persons
who have made a written request for notice from the agency of
announcements addressing the subject of the rulemaking
proceeding and who have provided an electronic mail address to
the agency;
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(5) sending it by electronic mail to persons
who have participated in the rulemaking and who have provided
an electronic mail address to the agency;
(6) sending written notice that includes, at a
minimum, an internet and street address where the information
may be found to persons who provide a postal address; and
(7) providing it to the New Mexico legislative
council for distribution to appropriate interim and standing
legislative committees;
F. "rule" means any rule, regulation or standard,
including those that explicitly or implicitly implement or
interpret a federal or state legal mandate or other applicable
law and amendments thereto or repeals and renewals thereof,
issued or promulgated by any agency and purporting to affect
one or more agencies besides the agency issuing the rule or to
affect persons not members or employees of the issuing agency,
including affecting persons served by the agency. An order or
decision or other document issued or promulgated in connection
with the disposition of any case or agency decision upon a
particular matter as applied to a specific set of facts shall
not be deemed such a rule, nor shall it constitute specific
adoption thereof by the agency. "Rule" does not include rules
relating to the management, confinement, discipline or release
of [inmates of any penal or ] a person housed at any charitable
institution, the New Mexico boys' school, the girls' welfare
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home or any hospital; rules made relating to the management of
any particular educational institution, whether elementary or
otherwise; or rules made relating to admissions, discipline,
supervision, expulsion or graduation of students from any
educational institution; and
G. "rulemaking" means the process for adoption of a
new rule or the amendment, readoption or repeal of an existing
rule."
SECTION 3. Section 33-2-1 NMSA 1978 (being Laws 1955,
Chapter 149, Section 1, as amended) is amended to read:
"33-2-1. ADOPTION OF RULES.--
A. The corrections [division ] department shall
adopt such rules concerning [all prisoners committed to the
penitentiary] New Mexico inmates, probationers and parolees
under the supervision of the corrections department as shall
best accomplish their confinement and rehabilitation.
B. Prior to the adoption, amendment or repeal of
such rules, the corrections department shall:
(1) provide forty-five days for public
comment; and
(2) publish notice of the proposed action in a
newspaper or trade, industrial or professional publications as
will reasonably give the public notice to interested persons,
as well as in all corrections facilities. "
SECTION 4. EFFECTIVE DATE.--The effective date of the
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provisions of this act is July 1, 2025.
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