INITIATION OF THE RULEMAKING PROCESS BY AN AGENCY

1.24.25.9 INITIATION OF THE RULEMAKING PROCESS BY AN AGENCY: A. The rulemaking process may be initiated by an agency when a notice for a rule hearing is publicly posted pursuant to this rule. B. The agency shall proceed with the rulemaking process by posting public notice, publishing the proposed rule for comment, and setting a public rule hearing in accordance with the State Rules Act and any other applicable law. C. If the agency is a public body subject to the Open Meetings Act, the decision to initiate the rulemaking process must be an action taken by vote of the public body in open session. D. Once the agency initiates the rulemaking process, the agency must maintain a record as prescribed in Section 14-4-5.4 NMSA 1978. [1.24.25.9 NMAC - N, 04/10/2018]