N.M. Admin. Code § 19.2.16.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.16.7 - DEFINITIONS

As used in this rule.

A. "commissioner" means the commissioner of public lands. The commissioner is the executive officer of the state land office and may delegate to state land office staff the performance of duties required of the commissioner under this rule;

B. "rule" means any written rule, regulation or standard, and any written amendment or repeal of a rule, regulation or standard, issued or promulgated by the commissioner and binding persons other than the commissioner or the employees of the state land office, but does not include:

(1) Statements, policies, procedures, or directives concerning only internal management of the state land office and not binding lessees, applicants, or the public generally;

(2) Rulings or decisions of the commissioner in proceedings authorized by law regarding individual leases;

(3) Actions of the commissioner in regard to individual leases, contracts, grants, or other instruments executed by the commissioner; and

(4) Any applications, forms, schedules of fees or any guidance documents issued by the commissioner to implement the rules of the commissioner unless such documents are required by law to be included in a rule;

C. "rulemaking record" means all materials received or generated by the commissioner during a rulemaking proceeding, including but not limited to:

(1) the public notice and any documents related to the publication or posting of the public notice;

(2) the proposed rule or rule change;

(3) any written comments submitted during the comment period;

(4) any record (audio tape, video tape or stenographic) of the public hearing, if any, on the proposed rule;

(5) any reports or other documents prepared or submitted by state land office staff regarding the proposed rule; and

(6) the commissioner's order promulgating the rule;

D. "state land office" means the New Mexico state land office; and

E. "State Rules Act" means the State Rules Act codified at Chapter 14, Article 4 NMSA 1978, and any amendments thereof, and any rules adopted pursuant to that Act.

N.M. Admin. Code § 19.2.16.7

19.2.16.7 NMAC - Rp 19 NMAC 2. SLO 16.7, 7/31/2002