Section 9-25-8 - Secretary; duties and general powers. - New Mexico Statutes

9-25-8. Secretary; duties and general powers.

A.     The secretary is responsible to the governor for the operation of the department.  It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.   

B.     To perform the duties of the secretary, the secretary has every power expressly enumerated in the law, whether granted to the secretary, the department or any division of the department, except when any division is explicitly exempted from the secretary's power by statute.  In accordance with these provisions, the secretary shall:  

(1)     except as otherwise provided in the Higher Education Department Act [9-25-1 NMSA 1978] or Chapter 21 NMSA 1978, exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and rules;  

(2)     delegate power to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated power and the limitations to that power;  

(3)     organize the department into organizational units as necessary to enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;  

(4)     within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the duties of the secretary;  

(5)     take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;  

(6)     conduct research and studies that will improve the operation of the department and the provision of services to the citizens of the state;  

(7)     provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration;  

(8)     prepare an annual budget for the department; and  

(9)     provide cooperation, at the request of administratively attached agencies and adjunct agencies, in order to:  

(a)     minimize or eliminate duplication of services and jurisdictional conflicts;  

(b)     coordinate activities and resolve problems of mutual concern; and  

(c)     resolve by agreement the manner and extent to which the department shall provide budgeting, record keeping and related clerical assistance to administratively attached agencies.   

C.     The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.   

D.     The secretary may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions.  No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary.  Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary.  No rule promulgated by the department shall infringe upon the authority vested by Article 12 of the constitution of New Mexico in the boards of regents of the educational institutions specified in that article.  The final public hearing on adoption, amendment or repeal of a rule shall be held in Santa Fe unless otherwise permitted by statute.  Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing.  All rules shall be filed in accordance with the State Rules Act [14-4-1 NMSA 1978].