N.M. Admin. Code § 17.1.120.9 - RULEMAKING PREREQUISITES

A. Prior to the adoption, amendment, or repeal of any rule the Commission shall publish notice of its proposed action in the New Mexico Register and at least forty-five (45) days prior to its proposed action:

(1) Publish notice of its proposed action in newspapers of general circulation in the State of New Mexico so as to achieve statewide circulation;

(2) Notify utilities under its jurisdiction by mail and any person or group filing a written request for such notification to the Public Service Commission [New Mexico Public Regulation Commission], notification being by mail to the last address specified by the person or group. Requests from such persons or groups shall be renewed in December of each year. Notification under this rule shall include a copy of the proposed rulemaking.

B. The notice described in (a) [Subsection A of 17.1.120.9 NMAC] above shall:

(1) Give the date, time, and place of any public hearing and state the manner in which comments may be submitted to the Commission by interested persons;

(2) Describe the substance of the proposed action;

(3) State a location where the proposed rule may be obtained or a written address from which the proposed rule may be procured by mail; and

(4) Include reference to the statutory authority under which the rule is proposed.

C. The Commission shall afford all interested persons reasonable opportunity to submit written data, views, or arguments in support of or opposition to a proposed rule. Any interested person seeking to modify a proposed rule in any way must submit a proposed modification in writing to the Commission within thirty (30) calendar days after notice is mailed along with views or arguments in support of the modification. If after review of the written data, views, or arguments in support of the proposed modification the Commission finds that further comments are necessary, it may take such statements at a public rulemaking hearing. The Commission shall consider fully all comments respecting the proposed rule prior to a final decision.

D. Written data, views, or arguments shall be legible (not less than elite typeface), not to exceed a width of 8 - 1/2 inches and a length of 13 inches. If a visual aid is used during an oral presentation, an exact reproduction of the visual aid must be submitted as stated above. If slide photographs are used during an oral presentation, photographic copies must be submitted.

E. Adoption of any rule will be through the issuance of an order of the Commission adopting the rule. The Commission shall include in its order a statement of reasons for adopting the rule. All persons heard or represented at any hearing or who submit any comments to be considered in connection with the proposed rule shall be delivered copies of the order and the rule adopted thereby.

Notes

N.M. Admin. Code § 17.1.120.9

Recompiled 12/30/01