A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act.
B. Directives issued by the director shall be in form substantially as follows:
(1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying the statutes to which they relate;
(2) rulings are written statements of the director interpreting the statutes to which they relate and are of limited application to one or a small number of licensees; and
(3) orders are written statements of the director to implement his decision after a hearing.
C. To be effective, a rule shall first be issued as a proposed rule and filed for public inspection in the office of the director. Distribution of the rule shall be made to interested persons and their comments shall be invited. After the proposed rule has been on file for thirty days and a public hearing has been held, the director may issue it as a final rule by filing as required by law.
D. The director shall furnish a copy of the rules to all licensees and other interested persons at a nominal cost.
E. A rule or order issued by the director is presumed to be a proper implementation of the licensing provisions of the Liquor Control Act.
F. All rules and orders shall be applied prospectively only.
History: Laws 2001, ch. 86, § 7.
Effective dates. — Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 3A - General Provisions
Section 60-3A-1 - Short title.
Section 60-3A-2 - Liquor policy of state; investigation of applicants; responsibility of licensees.
Section 60-3A-3 - Definitions.
Section 60-3A-4 - Storage permitted.
Section 60-3A-5 - Exemptions from act.
Section 60-3A-6 - Authority of department of public safety.
Section 60-3A-7 - Authority of the alcoholic beverage control division.
Section 60-3A-8 - Powers and duties of the director of the alcoholic beverage control division.
Section 60-3A-8.1 - Investigative authority and powers.
Section 60-3A-9 - Administrative authority and powers.
Section 60-3A-10 - Administrative rules and orders; presumption of correctness.
Section 60-3A-11 - Written decisions by director.
Section 60-3A-12 - Partially consumed bottle of wine; licensed premises.
Section 60-3A-13 - Prohibited sale of certain spirituous liquors.