N.M. Admin. Code § 9.4.5.8 - PROMULGATION OF BUSINESS ENTERPRISE PROGRAM POLICIES
A. Rules and procedures, that is, the
policies governing the administration of the business enterprise program are
developed and maintained in accordance with the Randolph-Sheppard Act [
20 U.S.C. Section
107 et seq.], the Rehabilitation Act [ 29
U.S.C. 31 - 42 ] and the Horace DeVargas Act [Section
22-14-24 to Section
22-14-29 NMSA 1978].
B. The rulemaking authority is the SLA for
rehabilitation services, hereinafter referred to as the New Mexico commission
for the blind. Promulgation of rules and procedures governing the business
enterprise program generally follows the process outlined in (8.2.1 through
(8.2.4) of this subsection [now Paragraphs (1) through (4), Subsection B of
9.4.5.8 NMAC].
(1) Staff in the SLA, in
consultation with the licensed managers committee, draft proposed policy. Draft
policy should be submitted to RSA at this stage for their review and comment
upon compliance with federal statute and regulation. Draft policy is presented
to the SLA for it to consider the issuance of a notice of proposed
rulemaking.
(2) Should the SLA
issue a notice of proposed rulemaking, this notice is submitted to the proper
state agency for publication in the state register. The SLA also notifies
individuals and organizations that have filed a timely request to receive such
notices. Upon publication of the notice in the state register, a public comment
period lasting 20 calendar days commences. The SLA conducts public hearings in
accordance with the schedule stated in the notice of proposed
rulemaking.
(3) Following the close
of the public comment period, the proposed rules, with any changes resulting
from the public comment period, are submitted to the SLA for
adoption.
(4) Upon approval by the
RSA, the SLA declares the effective date of the rules, not to be earlier than
10 days after the publication of the rules in the state register. The rules are
distributed to all appropriate parties. A rule manual will be distributed to
each BEP licensed manager.
Notes
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