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Home » US Law » 2021 New Mexico Statutes » Chapter 9 - Executive Department » Article 1 - Executive Reorganization

Section 9-1-1 – Short title.

This act [9-1-1 to 9-1-10 NMSA 1978] may be cited as the “Executive Reorganization Act”. History: 1953 Comp., § 4-29B-1, enacted by Laws 1977, ch. 248, § 1. ANNOTATIONS Emergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Cross references. — For constitutional provisions relating […]

Section 9-1-10 – Reorganization plan; no abatement of actions.

No suit, action or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in his official capacity or in relation to the discharge of his duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of the Executive Reorganization Act. […]

Section 9-1-11 – Merger; executive order.

Upon order issued by the governor, the department of finance and administration and the educational finance and cultural affairs department shall be merged. Their various divisions, boards and commissions may be then grouped in an orderly fashion and given such powers and such autonomy as the governor may set out in such reorganization. History: Laws […]

Section 9-1-12 – Preservation of powers of policy-making boards.

All policy-making boards and commissions within the two departments shall retain at least the amount of autonomy and control they possess under present law. History: Laws 1979, ch. 205, § 3. ANNOTATIONS Effective dates. — Laws 1979, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective […]

Section 9-1-5 – Secretary; duties and general powers.

A. The secretary is responsible to the governor for the operation of the department. It is the secretary’s duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged. B. To perform the secretary’s duties, the secretary has every power expressly enumerated […]

Section 9-1-6 – Adjunct agencies.

“Adjunct agencies” are those agencies, boards, commissions, offices or other instrumentalities of the executive branch, not assigned to the elected constitutional officers, which are excluded from any direct or administrative attachment to a department, which retain policymaking and administrative autonomy separate from any other instrumentality of state government. History: 1953 Comp., § 4-29B-6, enacted by […]

Section 9-1-7 – Administratively attached agency; relationships.

A. An agency attached to a department for administrative purposes only shall: (1) exercise its functions independently of the department and without approval or control of the department; (2) submit its budgetary requests through the department; and (3) submit reports required of it by law or by the governor through the department. B. The department […]

Section 9-1-8 – Creation of agencies; prohibition.

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 […]

Section 9-1-9 – Creation of advisory committees; who may create; filing; applications; composition; life span; title; quorom [quorum]; compensation.

A. Advisory committees may be created. Advisory shall mean furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements, and shall not extend to administering a program or function or […]