A. An agency shall comply with the rulemaking procedures of the State Rules Act unless the agency finds that the time required to complete the procedures would:
(1) cause an imminent peril to the public health, safety or welfare;
(2) cause the unanticipated loss of funding for an agency program; or
(3) place the agency in violation of federal law.
B. The agency shall provide to the public a record of any finding pursuant to Subsection A of this section and a detailed justification for that finding before issuing an emergency rule. The record shall include a statement that the emergency rule is temporary. After such record has been provided to the public, the agency may issue the emergency rule immediately without a public rule hearing or with any abbreviated notice and hearing that it finds practicable.
C. When an agency makes a finding pursuant to Subsection A of this section, the agency shall follow the provisions of this section in addition to any more specific requirements in statute that pertain to the agency regarding promulgating emergency or interim rules.
D. Emergency rules may take effect immediately upon filing with the state records administrator or the administrator's designee or at a later date specified in the emergency rule. Emergency rules shall be published in the New Mexico register.
E. No emergency rule shall permanently amend or repeal an existing rule. An emergency rule shall remain in effect until a permanent rule takes effect under the normal rulemaking process. If no permanent rule is adopted within one hundred eighty days from the effective date of the emergency rule, the emergency rule shall expire and may not be readopted as an emergency rule. If an expired emergency rule temporarily amended or repealed an existing rule, the rule shall revert to what it would have been had the emergency rule not been issued.
History: Laws 2017, ch. 137, § 8.
Effective dates. — Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 8 effective July 1, 2017.
Structure 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.]