N.M. Stat. » N.M. Stat. / Chapter 61 / Article 1
New Mexico Statutes

N.M. Stat. § 61-1-29 (2026)

Adoption of rules; notice and hearing.

✓ current as of May 2026
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Rulemaking procedures of a board shall be as provided in the State Rules Act
[Chapter 14, Article 4 NMSA 1978].

History: 1953 Comp., § 67-26-29, enacted by Laws 1971, ch. 54, § 3; 1981, ch. 349, §
19; 2022, ch. 39, § 5.

                                    ANNOTATIONS

Cross references. — For legal newspaper, see 14-11-2 NMSA 1978.

The 2022 amendment, effective May 18, 2022, eliminated the rulemaking requirements
in the Uniform Licensing Act and required all boards subject to the Uniform Licensing
Act to be subject to the State Rules Act for all rulemaking, removed the requirement for
publication of the notice of rulemaking, and eliminated the "thirty day after filing"
effective date for final rules; in the section heading, deleted "regulations" and added
"rules"; added "Rulemaking" preceding, "procedures" and added "shall be as provided
in the State Rules Act", and deleted the remainder of former Subsection A; and deleted
former Subsection B through E.

Notice procedure of pharmacy board does not violate due process. Montoya v.
O'Toole, 1980-NMSC-045, 94 N.M. 303, 610 P.2d 190.

Board must disclose reasoning behind regulation. — In propounding regulations the
board of pharmacy need not make formal findings. The only requirements which it must
meet are that the public and the reviewing courts are informed as to the reasoning
behind the regulation. The comments of one board member suffice in this regard.
Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy, 1974-NMCA-038, 86 N.M. 571,
525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.

Subsection C is applicable to repeal of regulations by an administrative agency.
Rivas v. Board of Cosmetologists, 1984-NMSC-076, 101 N.M. 592, 686 P.2d 934.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§
46, 125.

53 C.J.S. Licenses § 37.
Notes of Decisions
Cited in 7 cases, 1980–2014 · leading case: Rivas v. Bd. of Cosmetologists, 686 P.2d 934 (N.M. 1984).
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Rivas v. Bd. of Cosmetologists, 686 P.2d 934 (N.M. 1984). · cites it 12× “"The board shall make reasonable efforts to give notice of any rulemaking proceeding to its licensees and to the members of the public.”
Wilcox v. New Mexico Bd. of Acupuncture & Oriental Med., 2012 NMCA 106 (N.M. Ct. App. 2012). · cites it 2× “” NMSA 1978, § 61-1-29(A) (1981) (emphasis added).”
Montoya v. O'TOOLE, 610 P.2d 190 (N.M. 1980). “§ 61-1-29, N.M.S.A.1978. This satisfies the due process notice requirements of the state and federal constitutions.”
Wilcox v. NM Bd. of Acupuncture (N.M. Ct. App. 2010). · cites it 2× “NMSA 1978, Section 61-1-29 (B), (C), (D) (1981). The Act provides that all 5 interested persons shall be given a reasonable opportunity to submit data, views or 6 arguments, as well as to examine witnesses testifying at the hearing.”
Wilcox v. NM Bd. of Acupuncture (N.M. Ct. App. 2010). · cites it 2× “NMSA 1978, Section 61-1-29 (B), (C), (D) (1981). The Act provides that all 5 interested persons shall be given a reasonable opportunity to submit data, views or 6 arguments, as well as to examine witnesses testifying at the hearing.”
Wilcox v. NM Bd. of Acupunture (N.M. Ct. App. 2010). · cites it 2× “16 The Board also argues that due process requirements do not apply to the Board 17 in its adoption of regulations. Again, we disagree.”
Sw. Energy Efficiency Proj. v. New Mexico Constr. Indus. Comm'n (N.M. Ct. App. 2014). · cites it 2× “Petitioners rely on NMSA 1978, Section 61-1-29(D) 14 (1981) of the Uniform Licensing Act which states, “At the hearing, the board shall 15 allow all interested persons reasonable opportunity to submit data, views or arguments 16 orally or in writing and to examine witnesses…”
N.M. Stat. § 61-1-29(A): 1 case
Wilcox v. New Mexico Bd. of Acupuncture & Oriental Med., 2012 NMCA 106 (N.M. Ct. App. 2012). “” NMSA 1978, § 61-1-29(A) (1981) (emphasis added).”
N.M. Stat. § 61-1-29(B): 1 case
Rivas v. Bd. of Cosmetologists, 686 P.2d 934 (N.M. 1984). “"The board shall make reasonable efforts to give notice of any rulemaking proceeding to its licensees and to the members of the public.”
N.M. Stat. § 61-1-29(C): 1 case
Rivas v. Bd. of Cosmetologists, 686 P.2d 934 (N.M. 1984). “"The board shall make reasonable efforts to give notice of any rulemaking proceeding to its licensees and to the members of the public.”
N.M. Stat. § 61-1-29(D): 1 case
Sw. Energy Efficiency Proj. v. New Mexico Constr. Indus. Comm'n (N.M. Ct. App. 2014). “Petitioners rely on NMSA 1978, Section 61-1-29(D) 14 (1981) of the Uniform Licensing Act which states, “At the hearing, the board shall 15 allow all interested persons reasonable opportunity to submit data, views or arguments 16 orally or in writing and to examine witnesses…”
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