Administrative Procedures Act
New Mexico · Miscellaneous Public Affairs Matters · §§ 12-8-1 to 12-8-9 · 20 sections
Overview
This act governs how state administrative agencies exercise their rulemaking and adjudicatory powers, setting out the procedures agencies must follow when adopting rules and when deciding contested cases affecting individual rights. On the rulemaking side, it requires public notice, availability of rules and organizational statements, a petition process by which persons may seek adoption of rules, legislative oversight through a standing rules review committee, and impact statements addressing effects on small businesses and housing costs, with judicial declaratory relief available to test a rule's validity. On the adjudication side, it guarantees notice and hearing in contested cases, rights of participation and intervention, subpoena and deposition powers, evidentiary standards, interpreter services, restrictions on ex parte communications and on decisionmaking by investigating officers, and a written record and findings supporting the final decision — protections that extend to the issuance, renewal, suspension, and revocation of licenses.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 3 court decisions.
Most-cited authority: 131 F. Supp. 3d 1241 - New Mexico Center on Law & Poverty v. Squier
Sections covered
- § 12-8-1 NMSA 1978Short title1 cite
- § 12-8-10 NMSA 1978Adjudicatory proceedings
- § 12-8-11 NMSA 1978Procedures; evidence
- § 12-8-12 NMSA 1978Decision
- § 12-8-13 NMSA 1978Ex-parte consultations1 cite
- § 12-8-14 NMSA 1978Licenses
- § 12-8-15 NMSA 1978Depositions; subpoenas; inspection of agency files; disqualifications
- § 12-8-16 NMSA 1978Petition for judicial review
- § 12-8-17 NMSA 1978to 12-8-22. Repealed
- § 12-8-2 NMSA 1978Definitions1 cite
- § 12-8-23 NMSA 1978Applicability of act
- § 12-8-24 NMSA 1978Amending and repealing
- § 12-8-25 NMSA 1978Purpose of act; liberal interpretation
- § 12-8-3 NMSA 1978Rulemaking requirements
- § 12-8-4 NMSA 1978Rulemaking prerequisites
- § 12-8-5 NMSA 1978Filing of rules; when effective
- § 12-8-6 NMSA 1978Repealed
- § 12-8-7 NMSA 1978Petitions for adoption, amendment or repeal of rules
- § 12-8-8 NMSA 1978Judicial review by declaratory judgment; granting relief not otherwise provided for
- § 12-8-9 NMSA 1978Agency declaratory rulings
Enacted in other states
All New Mexico named statutes →
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