N.M. Admin. Code § 19.30.17.11

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

Section 19.30.17.11 - PUBLIC HEARING

A. Prior to adopting a proposed rule, the commission must hold a public rule hearing. The purpose of the public rule hearing is to provide all interested persons a reasonable opportunity to submit data, views or arguments orally or in writing on the proposed rule. The commission, at its sole discretion, may determine whether more than one hearing is necessary.

B. The chair of the commission may act as the hearing officer or designate a representative or hearing officer to preside over its public rule hearing. The hearing officer may ask questions and provide comments for clarification purposes only.

C. At the start of the hearing, any pre-filed exhibits should be introduced and admitted into the rulemaking record. Pre-filed exhibits should include: copies of the public notices of the rulemaking, including any lists of individuals to whom notice was mailed or sent electronically; copies of the proposed rule in underline and strikethrough format; and copies of any written comment submitted during the comment period prior to the rule hearing. Any written comments or other documents introduced during the hearing should be admitted into the record after being marked as an exhibit.

D. Individuals from the public wishing to provide comment or submit information at the rule hearing must state their name and any relevant affiliation for the record and be recognized before presenting by the individual presiding over the hearing. Any individual who provides information or public comment at the hearing may be questioned by the hearing officer, or other members of the commission.

E. The rule hearing shall be conducted in a fair and equitable manner. The hearing officer may determine the manner in which the hearing is conducted, but the hearing should be conducted in a simple and organized manner that facilitates public comment and a clear rulemaking record. The rules of evidence do not apply to public rule hearings and the hearing officer may, in the interest of efficiency, exclude or limit comment that is deemed irrelevant, redundant, or unduly repetitious.

F. The commission must hold the hearing in a venue that reasonably accommodates all interested persons who wish to participate or observe, and appropriate audio equipment should be secured to ensure all persons in attendance can hear the proceeding and be heard when presenting comment. Reasonable efforts shall be made to accommodate the use of audio and video recording devices.

N.M. Admin. Code § 19.30.17.11

Adopted by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 1/30/2018