44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO STATE AGENCIES; PROVIDING THAT NO NEW RULE SHALL BE PROMULGATED BY AN AGENCY UNLESS THE AGENCY, AT THE SAME TIME, REPEALS A RULE; PROVIDING AN EXCEPTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the State Rules Act is enacted to read:

"[NEW MATERIAL] PROMULGATION OF NEW RULES.--

A. Except as provided in Subsection B of this section, no agency shall promulgate a new rule or amend an existing rule in a manner that substantially expands its scope unless the agency, at the same time and as part of the same rulemaking, repeals an existing rule.

B. The requirements of Subsection A of this section do not apply to new or expanded rules that are promulgated in response to a new duty or program assigned to the agency by act of the legislature."