N.M. Admin. Code § 19.10.15.16 - PREHEARING PROCEDURES - PETITION FOR RULE CHANGE
A. Any person, may file a petition with the
commission to adopt, amend or repeal any rule within the commission's
jurisdiction.
B. The petition shall
be in writing and shall include a statement of the reasons for the rule change.
The petition shall cite the relevant statutes that authorize the commission to
adopt the proposed rules and shall estimate the time that will be needed to
conduct the rules hearing, if possible. A copy of the entire rule, including
the proposed rule change, indicating any language proposed to be added or
deleted, shall be attached to the petition. The entire rule and its proposed
changes shall be submitted to the commission in redline fashion, and shall
include line numbers. Any document that does not include all the items required
to be in a petition shall be returned to the petitioner along with a copy of
these rules and a check-off list of required items, and the petitioner will be
asked to resubmit his or her petition in the form 19.10.15 NMAC
requires.
C. The commission shall
determine at a public meeting within 60 days of submission of a petition for
rule change whether to hold a hearing on the petition. Any person may respond
to the petition for rule change either in writing prior to the public meeting
or in person at the public meeting. If the commission determines not to hold a
hearing, the commission's determination shall be subject to review as
contemplated by Section
69-36-16 NMSA 1978.
D. If the commission determines to hold a
public hearing on the petition, it may issue such orders specifying procedures
for conduct of the hearing, in addition to those provided by 19.10.15 NMAC, as
may be necessary and appropriate to fully inform the commission of the matters
at issue in the hearing or control the conduct of the hearing. Such orders may
include requirements for giving additional public notice, holding pre-hearing
conferences, filing direct written testimony prior to the hearing or limiting
testimony or cross-examination.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.