Unless otherwise provided by law, neither a department secretary nor any other employee of the executive branch of state government, or any agency, may, by administrative action, create an agency, board, commission or any other entity of state government. This section shall not apply to:
A. advisory committees created in accordance with Section 9 [9-1-9 NMSA 1978] of the Executive Reorganization Act; and
B. units within the internal structure of a department established under Subsection A of Section 4 [9-1-4 NMSA 1978] of the Executive Reorganization Act.
History: 1953 Comp., § 4-29B-8, enacted by Laws 1977, ch. 248, § 8.
Emergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references. — For governor's power of appointment and removal, see N.M. Const., art. V, § 5.
Structure 2021 New Mexico Statutes
Chapter 9 - Executive Department
Article 1 - Executive Reorganization
Section 9-1-2 - Purpose of act.
Section 9-1-3 - Cabinet created; members; powers and duties.
Section 9-1-4 - Cabinet departments; structure.
Section 9-1-5 - Secretary; duties and general powers.
Section 9-1-6 - Adjunct agencies.
Section 9-1-7 - Administratively attached agency; relationships.
Section 9-1-8 - Creation of agencies; prohibition.
Section 9-1-10 - Reorganization plan; no abatement of actions.
Section 9-1-11 - Merger; executive order.
Section 9-1-12 - Preservation of powers of policy-making boards.
Section 9-1-13 - Temporary provision; certain licensing functions; executive order transfer.