SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 732

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; REQUIRING THAT STATE AGENCIES PROMULGATE RULES FOR TIME FRAMES FOR RESPONSE TO LICENSE APPLICATIONS.

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

     Section 1. STATE AGENCY ACCOUNTABILITY.--

          A. For applications for a license received after January 1, 2010, state agencies shall provide each applicant with a specific time frame for the agency's response to the application at the time that the applicant submits the application.

          B. No later than December 31, 2009, each state agency shall promulgate rules establishing specific time frames for response to license applications. In promulgating rules pursuant to this subsection, agencies may provide for a mutual extension of any deadline for licensing, and they shall consider:

                (1) the complexity of the licensing process for each type of license; and

                (2) the economic impact on the applicant or on any other person or community that is likely to result from a delay in issuance of a license.

          C. For the purposes of this section:

                (1) "license" includes the whole or part of any permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission required by law;

                (2) "licensing" includes the agency process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, amendment, limiting, modifying or conditioning of a license; and

                (3) "state agency" means any state agency, board, commission, department or officer authorized by law to make rules or grant licenses in the executive branch of state government.

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