This act [12-8-1 to 12-8-25 NMSA 1978] may be cited as the “Administrative Procedures Act.” History: 1953 Comp., § 4-32-1, enacted by Laws 1969, ch. 252, § 1. ANNOTATIONS Cross references. — For applicability of act, see 12-8-23 NMSA 1978. For public meetings of policy-making bodies, see 10-15-1 to 10-15-4 NMSA 1978. Court of appeals […]
A. In conducting adjudicatory proceedings, agencies shall afford all parties an opportunity for full and fair hearing. Unless otherwise provided by any law, agencies: (1) may place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request […]
In adjudicatory proceedings: A. irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in non-jury civil actions in the district courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, […]
No agency or member thereof shall: A. participate in a final decision in an adjudicatory proceeding unless he has heard the evidence or read the record. A final decision or order in an adjudicatory proceeding shall be in writing or stated in the record. A final or tentative decision shall include findings of fact and […]
No party or representative of a party or any other person shall communicate off the record about the case with any agency member who participates in making the decision in any adjudicatory proceeding unless a copy of the communication is sent to all parties to the proceeding. No agency member or representative of the agency […]
A. Unless otherwise provided by law, no agency shall revoke, suspend or refuse to renew any license unless it has first afforded the licensee an opportunity for hearing in conformity with Sections 10, 11, 12, 13 and 15 [12-8-10 to 12-8-13 and 12-8-15 NMSA 1978] of the Administrative Procedures Act. Unless otherwise provided by law, […]
A. The agency conducting proceedings under the Administrative Procedures Act may, subject to rules of privilege and confidentiality recognized by law, requiring [require] the furnishing of information, the attendance of witnesses and the production of books, records, papers or other objects necessary and proper for the purposes of the proceeding. The agency, in any proceeding, […]
Any party who has exhausted all administrative remedies available within the agency and who is adversely affected by a final order or decision in an adjudicatory proceeding may appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 4-32-16, enacted by Laws 1969, ch. 252, § 16; 1998, ch. 55, § […]
ANNOTATIONS Repeals. — Laws 1998, ch. 55, § 94 repealed 12-8-17 through 12-8-22 NMSA 1978 as enacted by Laws 1969, ch. 252, §§ 17 through 22, relating to intervention, stay of enforcement of agency decision, record of proceeding, additional evidence, conduct of review, and scope of review, effective September 1, 1998. For provisions of former […]
As used in the Administrative Procedures Act: A. “agency” means any state board, commission, department or officer authorized by law to make rules, conduct adjudicatory proceedings, make determinations, grant licenses, impose sanctions, grant or withhold relief or perform other actions or duties delegated by law, and which is specifically placed by law under the Administrative […]
The provisions of the Administrative Procedures Act apply to agencies made subject to its coverage by law, or by agency rule or regulation if permitted by law. In the event of any conflict between any existing law and the provisions of the Administrative Procedures Act, the provisions of the Administrative Procedures Act control unless specific […]
The provisions of the Administrative Procedures Act may be amended, repealed or superseded by another act of the legislature only by direct reference to the section or sections of the Administrative Procedures Act being amended, repealed or superseded. History: 1953 Comp., § 4-32-24, enacted by Laws 1969, ch. 252, § 24.
The legislature expressly declares its purpose in enacting the Administrative Procedures Act is to promote uniformity with respect to administrative procedures and judicial review of administrative decisions, and the Administrative Procedures Act shall be liberally construed to carry out its purpose. History: 1953 Comp., § 4-32-25, enacted by Laws 1969, ch. 252, § 25.
In addition to other rulemaking requirements imposed by law, each agency shall: A. adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available; B. set forth in written form all statements of general policy adopted as authorized by law, including a description of its central and field organization, […]
A. Prior to the adoption, amendment or repeal of any rule, the agency shall, within the time specified by law, or if no time is specified, then at least thirty days prior to its proposed action: (1) publish notice of its proposed action in the manner specified by law, or if no manner is specified, […]
A. Each agency shall file each rule, amendment or repeal thereof, adopted by it, including all rules existing on the effective date of the Administrative Procedures Act, according to the State Rules Act [Chapter 14, Article 4 NMSA 1978] unless the rules have already been so filed. B. Each rule hereafter adopted is effective fifteen […]
ANNOTATIONS Repeals. — Laws 1995, ch. 110, § 11 repealed former 12-8-6 NMSA 1978, as enacted by Laws 1969, ch. 252, § 6, relating to the publication of agency rules, effective July 1, 1995. For provisions of former section, see 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 14, Article 4 NMSA […]
Any interested person may petition an agency requesting the promulgation, amendment or repeal of a rule and may accompany his petition with data, views and arguments he thinks pertinent. Within thirty days after the submission of a petition, the agency either shall deny the petition in writing, stating its reasons for the denial, or shall […]
A. Unless otherwise provided by law, the validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of Santa Fe county, if the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the interests, rights or privileges of the […]
Each agency shall by rule establish a system for declaratory rulings as to the applicability of any statutory provision, rule, decision or order. Such rulings shall be issued upon petition by one whose interests, rights or privileges are immediately at stake, except when the agency for good cause finds issuance of such a ruling undesirable. […]
