2021 New Mexico Statutes
Article 2 - State Police
Section 29-2-22 - Rulemaking power; rules to establish standards of conduct.

The secretary has authority to make and promulgate rules and regulations for the purpose of carrying out the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978. The secretary shall establish by rules, from time to time, standards of conduct for members of the New Mexico state police, and a copy of the rules shall be delivered to each member and displayed at each station of the department. The rules shall be filed pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History: 1941 Comp., § 40-221, enacted by Laws 1941, ch. 147, § 21; 1953, ch. 80, § 5; 1953 Comp., § 39-2-21; Laws 1977, ch. 257, § 37; 1978, ch. 82, § 5; 1979, ch. 202, § 31; 2015, ch. 3, § 19.
The 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by giving the secretary of public safety rulemaking power; in the first sentence, after "The", deleted "New Mexico state police board shall have" and added "secretary has"; in the second sentence, after "The", deleted "New Mexico state police board" and added "secretary", after "copy", deleted "thereof" and added "of the rules", and after "each", deleted "such"; in the third sentence, deleted "Such" and added "The".
Board's authority to make rules controlled by statute. — Authority of the police board to promulgate rules and regulations must be found in and is limited by statute. Such authority is not limited to those powers expressly granted by statute, but includes, also, all powers that may fairly be implied therefrom. Winston v. N.M. State Police Bd., 1969-NMSC-066, 80 N.M. 310, 454 P.2d 967.
Agency's authority includes express and implied powers granted. — It is a fundamental principle of administrative law that the authority of an agency is not limited to those powers expressly granted by statute, but includes, also, all powers that may fairly be implied therefrom. Wimberly v. N.M. State Police Bd., 1972-NMSC-034, 83 N.M. 757, 497 P.2d 968.
Temporary rank adjustments within scope of powers. — Where New Mexico state police board has adopted a regulation providing that "all ranks above captain will be appointments and not permanent," and the officers who hold these ranks are given additional salary and emoluments, but these ranks, according to the record, are considered by the board and the department to be temporary, plaintiff's adjustments in rank from captain to major and major to lieutenant colonel were not promotions as such but were temporary advancements within the framework of administration of the New Mexico state police and both chief of police and the board acted within the scope of their authority under the laws of the state of New Mexico in adjusting plaintiff's rank from lieutenant colonel to major and from major to captain. Wimberly v. N.M. State Police Bd., 1972-NMSC-034, 83 N.M. 757, 497 P.2d 968.
Regulation allowing director to shift key personnel. — The procedures of advancement and reduction in rank resulting from regulation providing that all ranks above captain will be appointments and not permanent enable the chief of police to shift key personnel to positions where their interest and ability are used to best advantage. Wimberly v. N.M. State Police Bd., 1972-NMSC-034, 83 N.M. 757, 497 P.2d 968.
Board can prohibit employee from running for office. — The board can constitutionally promulgate a rule prohibiting a state police employee from running for or accepting a political office. State ex rel. Harkleroad v. N.M. State Police Bd., 1985-NMSC-076, 103 N.M. 270, 705 P.2d 676.
Involuntary retirement rule is invalid. — State police board regulation providing for involuntary retirement of all police officers who had completed 30 years of service, even where such officers had not reached mandatory retirement age, exceeded statutory authority of the board and therefore was invalid. Winston v. N.M. State Police Bd., 1969-NMSC-066, 80 N.M. 310, 454 P.2d 967.
Effect of using all of sick leave. — Rule 7 of regulation promulgated by state police board filed pursuant to this section makes it clear that under no circumstances can an officer who was injured in line of duty but who has used up all of his sick leave be granted a leave of absence from the police department, and request for such leave constitutes a voluntary resignation. Budagher v. N.M. State Police Bd., 1971-NMSC-077, 82 N.M. 787, 487 P.2d 489 (decided under prior law).
No authority for rule requiring mandatory retirement after 30 years. — There is no delegated authority for the state police board to promulgate a rule requiring mandatory retirement after 30 years of service; such rule would be unreasonable, arbitrary and conflict with the former retirement by age 61 requirement of Section 29-2-6B NMSA 1978. 1967 Op. Att'y Gen. No. 67-72 (rendered under prior law).

Structure 2021 New Mexico Statutes