A. No rule is valid or enforceable if it conflicts with statute. A conflict between a rule and a statute is resolved in favor of the statute.
B. A word or phrase that is defined in an applicable statute should not be defined in rule. A conflict between a definition that appears in a rule and in an applicable statute is resolved in favor of the statute.
History: Laws 2017, ch. 137, § 9.
Effective dates. — Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 9 effective July 1, 2017.
Structure 2021 New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Section 14-4-3 - Format of rules; filing; distribution.
Section 14-4-4 - Publication filing and distribution; official depository.
Section 14-4-5.1 - Temporary provision.
Section 14-4-5.2 - Notice of proposed rulemaking.
Section 14-4-5.3 - Public participation, comments and rule hearings.
Section 14-4-5.4 - Agency record in rulemaking proceeding.
Section 14-4-5.5 - Concise explanatory statement.
Section 14-4-5.6 - Emergency rule.
Section 14-4-5.7 - Conflicts between rule and statute; variance between proposed and final action.
Section 14-4-5.8 - Procedural rules.
Section 14-4-7 - Current listing of rules; rule repeals.
Section 14-4-7.1 - New Mexico register.
Section 14-4-7.2 - New Mexico Administrative Code.
Section 14-4-8 - Documents not required to be filed with state library.
Section 14-4-9 - [Law governing filing of agency rules, documents and publications.]