N.M. Admin. Code § 1.24.25.10
Current through Register Vol. 35, No. 21, November 5, 2024
Section 1.24.25.10 - INITIATION OF THE RULEMAKING PROCESS BY THE PUBLICA. Any person may file a petition for rulemaking with an agency.B. A petition for rulemaking shall be made in writing and include an explanation of the purpose or statement of reasons for the proposed rule. A petition shall include a citation to the legal authority authorizing the agency to adopt the rule and a copy of or citation to technical information, if any, that serves as the basis for the proposed rule. A petition should be as clear as possible and may include the proposed rule in underline and strikethrough format, consistent with requirements of the state records administrator.C. The agency to which a petition is made shall, if required by law, consider the petition and make a determination whether to grant or deny the petition. If the agency denies the petition, it shall issue a concise written statement explaining its reason for denial. No affirmative duty to respond to a public petition is created by these rules. If a public right to petition an agency exists in law, the agency must follow all timelines or responses governed by law of the agency.D. If the agency is a public body subject to the Open Meetings Act, the decision to grant a petition must be an action taken by vote of the public body in open session.E. Once the agency initiates the rulemaking process, the agency must maintain a record as prescribed in Section 14-4-5.4 NMSA 1978.N.M. Admin. Code § 1.24.25.10
Adopted by New Mexico Register, Volume XXIX, Issue 07, April 10, 2018, eff. 4/10/2018