New Mexico Statutes

N.M. Stat. § 74-4-5 (2026)

Adoption of regulations; notice and hearing

✓ current as of May 2026

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A. No regulation shall be adopted, amended or repealed until after a public hearing by the board. Hearings on regulations shall be held in Santa Fe or in an area of the state substantially affected by the regulations. In making its regulations, the board shall give the weight it deems appropriate to all relevant facts and circumstances presented at the public hearing, including but not limited to:

(1) the character and degree of injury to or interference with the environment or public health; and

(2) the technical practicability and economic reasonableness of the regulation.

B. Notice of the hearing shall be given at least thirty days prior to the hearing date and shall state the subject, the time and the place of the hearing and the manner in which interested persons may present their views. The notice shall also state where interested persons may secure copies of any proposed regulation. The notice shall be published in a newspaper of general circulation in the area affected. Reasonable effort shall be made to give notice to all persons who have made a written request to the board for advance notice of hearings.

C. At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. Any person heard or represented at the hearing shall be given written notice of the action of the board.

D. The board may designate a hearing officer to take evidence in the hearing. A transcript shall be made of the entire hearing proceedings.

E. No regulation or amendment or repeal of a regulation adopted by the board shall become effective until thirty days after its filing under the State Rules Act [Chapter 14, Article 4 NMSA 1978].

History: 1953 Comp., § 12-9B-5, enacted by Laws 1977, ch. 313, § 5; 1992, ch. 43, § 5.

ANNOTATIONS

Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.

The 1992 amendment, effective March 6, 1992, deleted "appeal" at the end of the section catchline; deleted "environmental improvement" preceding "board" in the first sentence of the introductory paragraph of Subsection A; inserted "the environment or" in Subsection A(1); deleted former Subsections F, G, and H, relating to appeal; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1984–2025 · leading case: Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry. Co., 857 F. Supp. 838 (D.N.M. 1994).

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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry. Co., 857 F. Supp. 838 (D.N.M. 1994). “§ 74-4-5. Additionally, any person adversely affected by any action of the Secretary of the Department of the Environment may obtain judicial review.”

State Ex Rel. Dep't of Human Servs. v. Manfre, 693 P.2d 1273 (N.M. Ct. App. 1984). “1984) (board of education); § 74-4-5 (Repl.Pamp.1983) (environment). Our attention has not been called to any statute other than Section 27-3-4 which would allow a direct appeal to this court from a decision of the Department; nor has our independent research located one.”

Sw. Rsch. & Info. Ctr. (N.M. Ct. App. 2025). “See § 74-4-5. 8 {3} Although NMED has authority to issue permits and permit modifications 9 concerning both the physical facility and the operation of WIPP, WIPP’s waste 10 disposal capacity was established by the federal government in the Waste Isolation 11 Pilot Plant Land…”

Sw. Rsch. & Info. Ctr. v. Sec'y of N.M. Env't Dep't (N.M. Ct. App. 2025). “See § 74-4-5. {3} Although NMED has authority to issue permits and permit modifications concerning both the physical facility and the operation of WIPP, WIPP’s waste disposal capacity was established by the federal government in the Waste Isolation Pilot Plant Land Withdrawal…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.