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New Mexico RegisterThe official publication for all official notices of rulemaking
and filing of proposed, adopted and emergency rules.
Volume XXXI - Issue 16 - August 25, 2020
New Mexico RegisterVolume XXXI, Issue 16
August 25, 2020
Table of ContentsNotices of Rulemaking and Proposed Rules
HEALTH, DEPARTMENT OF Notice of Public Hearing......................................................................................................................................705
HUMAN SERVICES DEPARTMENTINCOME SUPPORT DIVISION Notice of Public Hearing......................................................................................................................................705MEDICAL ASSISTANCE DIVISION Notice of Rulemaking..........................................................................................................................................706 Notice of Rulemaking..........................................................................................................................................708 Notice of Rulemaking..........................................................................................................................................709 Notice of Rulemaking..........................................................................................................................................709
OSTEOPATHIC MEDICINE, BOARD OF Public Rule Hearing and Regular Board Meeting................................................................................................710
PUBLIC RECORDS, COMMISSION OF Notice of Public Meeting and Public Hearing......................................................................................................711
STATE ETHICS COMMISSION Notice of Rulemaking and Public Rule Hearing..................................................................................................712
SUPERINTENDENT OF INSURANCE, OFFICE OF Notice of New Comment Period and Hearing......................................................................................................713
_________________________________________________________________________________________________
Adopted RulesA = Amended, E = Emergency, N = New, R = Repealed, Rn = Renumbered
ADMINISTRATIVE HEARINGS OFFICE 22.600.3 NMAC R Hearings Under The Tax Administrative Act.............................................715 22.600.3 NMAC N Hearings Under The Tax Administrative Act.............................................715
ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENTENERGY CONSERVATION AND MANAGEMENT DIVISION 3.3.14 NMAC N New Solar Market Development Income Tax Credit.................................727
ENVIRONMENT DEPARTMENT 11.5.1 NMAC A/E Occupational Health and Safety - General Provisions................................735
GAME AND FISH DEPARTMENT 19.30.4 NMAC R Boundary Descriptions for Game Management Units................................735 19.30.4 NMAC N Boundary Descriptions for Game Management Units................................735 19.31.6 NMAC N Migratory Game Bird.................................................................................747
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New Mexico Register / Volume XXXI, Issue 16/ August 25, 2020712A, 9/15/2014; A, 11/30/2015; A, 7/1/2017; A/E, 4/29/2020; A, 10/27/2020]
Synopsis:Due to the governor’s declaration of a public health emergency, the SRA issued an emergency amendment on April 29, 2020, to section 15 allowing for transmittal form filing with a digital signature. The proposed amendment of 1.24.10.15 NMAC consists of continuing to accept digital signature by eliminating the public health emergency predicate language.
Interested persons may submit comments on the proposed changes to 1.24.10.15 NMAC at the rule hearing or may submit written comments via email at [email protected]. Written comments must be received no later than 5:00 p.m. on Wednesday, September 29, 2020. Interested persons may also provide data, views or arguments, orally at the virtual public rule hearing to be held on September 30, 2020 at 10 am, or in writing at the main entrance at 1205 Camino Carlos Rey, Santa Fe, NM.
Legal authority for this rulemaking can be found in the State Rules Act, Section 14-4-1, et seq. NMSA 1978.______________________________
STATE ETHICS COMMISSION
NOTICE OF RULE MAKING AND PUBLIC RULE HEARING
Notice of Rulemaking: The State Ethics Commission [the commission] will hold a public hearing on the proposed adoption of certain rules establishing procedures for requests for advisory opinions and for commission responses; giving notice of and conducting meetings, including virtual meetings, of the commission; and creating a proposed model code of ethics for state officers and employees. These new rules are proposed pursuant to Sections 10-16-11 and 11.1, NMSA 1978; Subsection C of Section 10-15-1, NMSA 1978; Section 10-16G-8, NMSA 1978;
and Paragraph 4 of Subsection B of Section 10-16G-5, NMSA 1978. The proposed rules were published on Pages 464 through 471 of Volume XXXI, Issue 12 of the New Mexico Register. No technical scientific information was consulted in drafting these proposed rules.
Copies of all the proposed rules may be found on Pages 464 through 471 of Volume XXXI, Issue 12 of the New Mexico Register, the Sunshine Portal, the Commission’s website, https://www.sec.state.nm.us, or at the commission’s main office in Albuquerque: the New Mexico Ethics Commission, University of New Mexico Science and Technology Park, 800 Bradbury Drive SE, Suite 215, Albuquerque, NM, 87106.
Notice of Public Rule Hearing: The public rule hearing is scheduled to occur on Friday, October 2, 2020 at 9:00 am in UNM’s Science and Technology Park’s Executive Board Room, 851 University SE, Suite 200, Albuquerque, NM 87106. It is possible that, pursuant to the Public Health Emergency declared by Governor Michelle Lujan Grisham in Executive Order 2020-004, as extended, and in light of the current pandemic, the Commission will decide to conduct this meeting remotely at that time and date rather than in person. In that case, instructions for public participation will be posted on the Commission’s website, https://www.sec.state.nm.us. Members of the public are advised to check this website before the meeting to confirm whether it will be held in person or over the internet. The public hearing will be conducted in a fair and equitable manner by the commission and shall be recorded. Any interested member of the public may attend the hearing, in person or remotely, and will be provided a reasonable opportunity to offer public comment, including presentation of data, views, or arguments, on the proposed rules during the hearing. Individuals with disabilities who need any form of auxiliary aid to attend or participate in the public hearing are asked to contact
[email protected]. The commission will make every effort to accommodate all reasonable requests, but cannot guarantee accommodation of a request that is not received at least five calendar days before the scheduled hearing.
Notice of Acceptance of Written Public Comment: Written public comments, including presentation of data, views, or arguments about the proposed rules, from any interested member of the public will be accepted until 5:00 p.m. on Wednesday, September 30, 2020, by submitting them via email to [email protected] with the subject line “SEC Rulemaking R20-01,” or via first class mail or by hand delivery to the commission’s Albuquerque office: New Mexico Ethics Commission, University of New Mexico Science and Technology Park, 800 Bradbury Drive SE, Suite 215, Albuquerque, NM, 87106.
Description of Proposed Rules: In compliance with Section 14-4-5.2 NMSA 1978, this notice includes the following summary of the proposed amendment and the new proposed rule, a short explanation of the purpose of the amendment and new rule, and specific legal authority authorizing the amendment and proposed new rule. The method and manner of public comment and notice of public hearing on the proposed rules are listed above.
1.8.1.1 NMAC (“General Provisions”); proposed amendments: This rule currently ensures that the state ethics commission is administered so that it works effectively, efficiently and fairly to achieve its constitutional and statutory mission. That mission is to ensure compliance with all applicable public ethics laws by all public officials, employees, candidates, contractors, lobbyists and others subject to the commission’s jurisdiction throughout their employment or dealings with New Mexico state government; and to ensure that the public ethics laws are clear, comprehensive and
New Mexico Register / Volume XXXI, Issue 16/ August 25, 2020 713effective. The first amendment to this rule proposed in this proceeding, 1.8.1.9 and 1.8.1.10 NMAC, will add two new sections describing the procedure for people to request, and for the commission to issue, advisory opinions, either official or informal. The second amendment to this rule, 1.8.1.16 NMAC, creates rules for convening and managing meetings of the commission. These include rules governing executive sessions, virtual meetings, and maintaining order during meetings.
Proposed amendments to 1.8.1 NMAC are provided at pages 465 and 466 of Volume XXXI, Issue 12 of the New Mexico Register, the Sunshine Portal, the Commission’s website, https://www.sec.state.nm.us, or at the commission’s main office in Albuquerque: the New Mexico Ethics Commission, University of New Mexico Science and Technology Park, 800 Bradbury Drive SE, Suite 215, Albuquerque, NM, 87106.
1.8.4.1 NMAC (“Proposed Code of Ethics”): This new proposed rule will create proposed code of ethics for state public officials and state public employees, to be submitted to each elected state public official and agency for adoption, pursuant to Paragraph (4) of Subsection B of Section 10-16G-5 NMSA 1978. The proposed code of ethics will compile in a single rule the ethics provisions of state laws and rules governing the conduct of state officers and employees. Topics to be addressed in the proposed code include the definition of and restrictions on: conflicts of interest, acceptance of gifts, business relations with employees or regulated entities, procurement issues, limitations on former employees, public access to records and meetings of state bodies, allowable political activity and ethical conduct in the workplace, among other subjects.
Proposed 1.8.4 NMAC is provided at pages 466 to 471 of Volume XXXI, Issue 12 of the New Mexico Register, the Sunshine Portal, the Commission’s
website, https://www.sec.state.nm.us, or at the commission’s main office in Albuquerque: the New Mexico Ethics Commission, University of New Mexico Science and Technology Park, 800 Bradbury Drive SE, Suite 215, Albuquerque, NM, 87106.______________________________
SUPERINTENDENT OF INSURANCE, OFFICE OF
NOTICE OF NEW COMMENT PERIOD AND HEARING
NOTICE IS HEREBY GIVEN that the Superintendent of Insurance (Superintendent), pursuant to the Insurance Code, Section 59A-l -1 et seq. NMSA 1978 (“Insurance Code”) and 13.1.4 NMAC, will begin a new comment period and have an additional public comment hearing on proposed rule 13.10.32 NMAC - COVERAGE FOR CONTRACEPTION.
PURPOSE AND SUMMARY OF THE PROPOSED NEW RULE is to clarify coverage requirements for various contraceptive methods.
STATUTORY AUTHORITY: Sections 59A-2-9, 59A-22-42, 59A-23-7.14, 59A-46-44 and 59A-47-45.5 NMSA 1978.
Copies of the Notice of Proposed Rulemaking and proposed rules are available by electronic download from the OSI website (https://www.osi.state.nm.us/index.php/idms/) or the New Mexico Sunshine portal. Please note that the proposed rules for this new comment period have been modified from the rules which were the subject of the previous notice in this matter.
OSI will begin a new comment period on August 25, 2020 and hold a public video/telephonic hearing on the proposed rules on September 28, 2020 at 10:00 a.m.
Join via Video: https://us02web.zoom.us/j/2916274744
Join via telephone: 1-346-248-7799 Meeting ID: 291 627 4744
The Superintendent designates R. Alfred Walker to act as the hearing officer for this rulemaking. Oral comments will be accepted at the video/telephonic hearing from members of the public and any interested parties.
Written comments and proposals will be accepted through 4:00 pm on the day of the public hearing, or the last day of the public hearing if the public hearing extends for more than one day. Responses to written comments or oral comments will be accepted through 4:00 pm on October 9, 2020. Comments may be submitted via email to [email protected] or may be filed by sending original copies to:
OSI Records and Docketing, NM Office of Superintendent of Insurance1120 Paseo de Peralta, P.O. Box 1689, Santa Fe, NM 87504-1689
Docket No.: 20-00023-RULE-LH IN THE MATTER OF ADOPTING A NEW PROPOSED RULE 13.10.32 NMAC COVERAGE FOR CONTRACEPTION
Only signed statements, proposals or comments will be accepted. Scanned or electronic signatures conforming to federal and state court requirements will be accepted with the understanding that if there is any dispute regarding a signature, OSI reserves the right to require that original signatures be provided to verify the electronic or facsimile signature. All filings must be received between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday except on state holidays. Any filings after 4:00 will be filed to the docket the next business day.
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