N.M. Admin. Code § 9.4.5.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 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.

N.M. Admin. Code § 9.4.5.8

4/15/97; Recompiled 10/01/01