Section 28-1-5 - Procedures for adopting regulations. - New Mexico Statutes

28-1-5. Procedures for adopting regulations. 

A.     The secretary may adopt, promulgate, amend and repeal rules and regulations to carry out the provisions of the Human Rights Act [Chapter 28, Article 1 NMSA 1978].   

B.     No rule or regulation of general application may be adopted, amended or repealed without a public hearing before the secretary or his designee.   

C.     The public hearing shall be in Santa Fe, and notice of the subject, time and place of the meeting, the manner in which interested persons may present their views and the method by which copies of the proposed rule, regulation or amendment may be obtained shall be:   

(1)     published in each county at least thirty days prior to the hearing date in a newspaper of general circulation; and   

(2)     mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of the hearing.   

D.     The secretary shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing.   

E.     The secretary may designate a hearing officer to take evidence at the hearing.   

F.     Any person appearing or represented at the hearing shall be given written notice of the secretary's action on the proposed rule, regulation, amendment or repeal.   

G.     No rule, regulation, amendment or repeal shall become effective until thirty days after its filing.