A. The procedures specified in Sections 61-1-29 through 61-1-31 NMSA 1978 shall be applicable to proceedings by a board to adopt, amend or repeal rules or regulations of general applicability which implement or interpret a law enforced or administered by the board. These procedures shall not apply to:
(1) statements, policies, procedures or regulations concerning only internal management or discipline of a board and not affecting the rights of or procedures available to licensees, applicants or the public generally;
(2) declaratory rulings issued pursuant to Section 61-1-33 NMSA 1978;
(3) decisions, statements or interpretations issued or actions taken in the course of disciplinary proceedings against a licensee; or
(4) formal or informal opinions of the attorney general issued pursuant to requests of the board.
B. No regulation or amendment or repeal thereof shall be adopted by the board until after a public hearing by the board.
C. The board shall make reasonable efforts to give notice of any rulemaking proceeding to its licensees and to the members of the public. Notice of the hearing shall be given at least thirty days prior to the hearing date and shall state the subject, the time and the place of the hearing and the manner in which interested persons may present their views. The notice shall also state where interested persons may secure copies of any proposed regulations. The notice of the public hearing shall include but not necessarily be limited to publishing the notice in a newspaper of general circulation in the state, and the board shall give notice to all persons who have made a written request to the board for advance notice.
D. At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. Any person heard or represented at the hearing shall be given written notice of the action of the board. The board may designate a hearing officer to take evidence in the hearing. A record shall be made of all proceedings at the hearing.
E. No regulation or amendment or repeal thereof shall become effective until thirty days after its filing under the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History: 1953 Comp., § 67-26-29, enacted by Laws 1971, ch. 54, § 3; 1981, ch. 349, § 19.
Cross references. — For legal newspaper, see 14-11-2 NMSA 1978.
Notice procedure of pharmacy board does not violate due process. Montoya v. O'Toole, 1980-NMSC-045, 94 N.M. 303, 610 P.2d 190.
Board must disclose reasoning behind regulation. — In propounding regulations the board of pharmacy need not make formal findings. The only requirements which it must meet are that the public and the reviewing courts are informed as to the reasoning behind the regulation. The comments of one board member suffice in this regard. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.
Subsection C is applicable to repeal of regulations by an administrative agency. Rivas v. Board of Cosmetologists, 1984-NMSC-076, 101 N.M. 592, 686 P.2d 934.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 46, 125.
53 C.J.S. Licenses § 37.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-1-3 - Opportunity for licensee or applicant to have hearing.
Section 61-1-3.1 - Limitations.
Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.
Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.
Section 61-1-3.4 - Fingerprints not required for license renewal.
Section 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing.
Section 61-1-5 - Method of service.
Section 61-1-6 - Venue of hearing.
Section 61-1-8 - Rights of person entitled to hearing.
Section 61-1-9 - Powers of board or hearing officer in connection with hearings.
Section 61-1-10 - Enforcement of board orders and contempt procedure.
Section 61-1-11 - Rules of evidence.
Section 61-1-14 - Service of decision.
Section 61-1-15 - Procedure where person fails to request or appear for hearing.
Section 61-1-16 - Contents of decision.
Section 61-1-17 - Petition for review.
Section 61-1-21 - Power of board to reopen the case.
Section 61-1-24 - Power of board to seek injunctive relief.
Section 61-1-25 - Declaratory judgment.
Section 61-1-27 - Amending and repealing.
Section 61-1-28 - Purpose of act; liberal interpretation.
Section 61-1-29 - Adoption of regulations; notice and hearing.
Section 61-1-30 - Emergency regulations; appeal.
Section 61-1-31 - Validity of regulation; judicial review.
Section 61-1-31.1 - Expedited licensure; issuance.
Section 61-1-32 - Petition for adoption, amendment or repeal of regulations.
Section 61-1-33 - Declaratory rulings.
Section 61-1-35 - Occupational or professional licenses and certification; qualification.
Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.