House Bill text for HB0685

HOUSE BILL 685

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Daniel P. Silva

AN ACT

RELATING TO ADMINISTRATIVE PROCEDURES; ENACTING THE ADMINISTRATIVE ACCOUNTABILITY ACT; PROVIDING FOR PROCEDURES TO ENHANCE ACCOUNTABILITY IN AGENCY PROCEEDINGS, RULEMAKING, ADJUDICATIONS, SANCTIONS, FEES, LICENSING AND INSPECTIONS; ESTABLISHING REPORTING REQUIREMENTS; PROVIDING FOR EXEMPTIONS.

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

Section 1. SHORT TITLE.--This act may be cited as the "Administrative Accountability Act".

Section 2. DEFINITIONS.--As used in the Administrative Accountability Act:

A. "adjudication" means the process for determination of facts or application of law pursuant to which an agency formulates and issues an order;

B. "agency" means a statewide board, authority, commission, institution, department, division, officer or other statewide government entity that is authorized or required by law to make rules or to adjudicate. "Agency" includes the agency head and one or more members of the agency head, agency employees or other persons directly or indirectly purporting to act on behalf of, or under the authority of, the agency head. The term does not include the governor, legislature or judiciary;

C. "agency action" means:

(1) the whole or part of any agency order or rule;

(2) the failure to issue an order or rule; or

(3) an agency's performance of, or failure to perform, any duty, function or activity or to make any determination required by law;

D. "agency head" means the individual or body of individuals in which the ultimate legal authority of an agency is vested;

E. "disputed case" means an adjudication in which an opportunity for an evidentiary hearing is required by law;

F. "evidentiary hearing" means a hearing for the receipt of evidence to resolve a disputed issue in which the decision of the hearing officer may be made only on material contained in the record created at the hearing;

G. "law" means federal or state constitution or statute, judicial decision, common law, rule of court, executive order or rule or order of an agency;

H. "license" means a permit, certificate, approval, registration, charter or similar form of permission required by law that is issued by an agency;

I. "licensing" means the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license;

J. "notify" means to take such steps as may be reasonably required to inform another person in the ordinary course, whether or not the other person actually comes to know of it;

K. "order" means an agency adjudication of particular applicability that determines the legal rights, duties, privileges or immunities or other legal interests of one or more specific persons;

L. "party" means the agency taking action, the person against whom the action is directed and any other person named as a party or permitted to intervene;

M. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability corporation, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity;

N. "proceeding" means any type of formal or informal agency process or procedure commenced or conducted by an agency. The term includes adjudication, rulemaking and investigation;

O. "publisher" means the state records administrator or records center to which is assigned the task of publishing rules under the State Rules Act and other substantive functions under this act;

P. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

Q. "rule" means the whole or part of an agency statement of general applicability that implements, interprets or prescribes law or policy or the organization, procedure or practice requirements of an agency. "Rule" includes the amendment, repeal or suspension of an existing rule, but does not include:

(1) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

(2) agency declaratory orders;

(3) a decision or order in a disputed case;

(4) an intergovernmental or interagency memorandum, directive or communication that does not affect the rights of, or procedures and practices available to, the public;

(5) an opinion of the attorney general;

(6) an executive order of the governor;

(7) a statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations or inspections, settling commercial disputes, negotiating commercial arrangements or in the defense, prosecution or settlement of cases, if disclosure of the criteria or guidelines would enable law violators to avoid detection, facilitate disregard or requirements imposed by law or give a clearly improper advantage to persons who are in an adverse position to the state; or

(8) guidance documents;

R. "rulemaking" means the process for adopting, amending or repealing a rule;

S. "sanction" includes the whole or part of any agency:

(1) prohibition, requirement, limitation or other condition affecting the freedom of any person or the person's property;

(2) withholding of relief;

(3) imposition of any form of penalty;

(4) destruction, taking, seizure or withholding of property;

(5) assessment of damages, reimbursement, restitution, compensation, taxation, costs, charges or fees;

(6) requirement, revocation, amendment, limitation or suspension of a license; or

(7) taking or withholding of other compulsory, restrictive or discretionary action;

T. "small business" means a business entity, including its affiliates, that is independently owned and operated and that employs fifty or fewer full-time employees; and

U. "written" means inscribed on a tangible medium.

Section 3. GENERAL ACCOUNTABILITY IN AGENCY PROCEEDINGS.--

A. In order to promote general accountability in agency proceedings, a person shall disclose the person's name during the course of reporting an alleged violation of law or rule that results in an agency proceeding, unless such disclosure is prohibited by another law. During the course of an agency proceeding, the name of the complainant shall be public record unless the agency determines that the release of the complainant's name may result in substantial harm to any person or to the public health or safety.

B. In order to promote general accountability in agency proceedings, a proceeding before any agency involving a person who is on active duty in the military service of the United States or this state as a necessary party, that occurs during such period of service or within sixty days thereafter, may be stayed in the discretion of the agency before which it is pending, on its own motion. The agency shall not stay an action or proceeding on its own motion if the service member makes a written objection to the stay. Such proceeding shall be stayed on application to the agency by such person or some person on the person's behalf, unless in the written decision of the agency, the ability of the service member to pursue the claim or defense in the action or proceeding is not prejudiced by the military service.

Section 4. ACCOUNTABILITY IN AGENCY RULEMAKING.--

A. In order to promote accountability in agency rulemaking, on or before December 31 of each year, each agency shall prepare and make available to the public the regulatory agenda that the agency expects to follow during the next year. The regulatory agenda shall not prohibit an agency from undertaking any rulemaking if that action has not been included in the agency's annual regulatory agenda. An agency's annual regulatory agenda shall include:

(1) a summary of all final rulemaking concluded during the previous year, including any rulemaking terminated;

(2) a summary of all pending rulemaking before the agency;

(3) a review of existing rules, including a summary of any proposed or anticipated changes to the existing rules;

(4) a summary of any proposed or anticipated new rules not otherwise covered under a review of the agency's existing rules; and

(5) a summary of any privatization options and nontraditional regulatory approaches being considered by the agency.

B. In order to promote accountability in agency rulemaking impacting small businesses, an agency proposing a new rule or an amendment to an existing rule that may have an impact on small business shall consider each of the methods described in this subsection for reducing the impact of the rulemaking on small businesses. The agency shall reduce the impact by using one or more of the following methods, if it finds that the methods are legal and feasible in meeting the statutory objectives that are the basis of the proposed rulemaking:

(1) establish less stringent compliance or reporting requirements in the rule for small businesses;

(2) establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses;

(3) consolidate or simplify the rule's compliance or reporting requirements for small businesses;

(4) establish performance standards for small businesses to replace design or operational standards in the rule; and

(5) exempt small businesses from any or all requirements of the rule.

C. In order to promote accountability in agency rulemaking, a grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency's class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the same statute.

Section 5. ACCOUNTABILITY IN AGENCY ADJUDICATIONS.--

A. In order to promote accountability in agency adjudications, time frames for a person to appeal an agency action to an agency for the purpose of initiating an adjudication shall be established and administered in the following manner:

(1) if a person is allowed by law to appeal an agency action to an agency for the purpose of initiating an adjudication, then by no later than December 31, 2007 the agency shall establish by rule a time frame for the person to appeal the agency action to an agency for the purpose of initiating an adjudication, unless such a time frame already exists by statute or rule;

(2) the time frame for a person to appeal an agency action to an agency for the purpose of initiating an adjudication means the number of days after a person receives written notice of an agency action until the time the person aggrieved by the agency action must submit written notice to an agency indicating that the person intends on appealing the agency action to the agency;

(3) an agency may establish different time frames for a person to appeal an agency action to an agency for each type of adjudication; and

(4) if an agency fails to establish a time frame for a person to appeal an agency action to an agency for the purpose of initiating an adjudication, then the time frame to appeal shall be thirty days.

B. In order to promote accountability in agency adjudications, time frames for agency consideration of an adjudication shall be established and administered in the following manner:

(1) if a person is allowed by law to appeal an agency action to an agency for the purpose of initiating an adjudication, then by no later than December 31, 2007, an agency shall establish by rule a time frame for the agency consideration of an adjudication, unless such a time frame already exists by statute or rule;

(2) the time frame for the agency consideration of an adjudication means the number of days after the agency receives the last written notice from an aggrieved person appealing an agency action until the agency issues a final written order regarding the appeal;

(3) an agency may establish a different time frame for each type of adjudication that the agency must consider;

(4) if an agency fails to establish a time frame for the agency consideration of an adjudication, then the time frame shall be one hundred eighty days. The parties subject to the agency adjudication under this paragraph may mutually agree in writing to extend the time frame for the agency consideration of an adjudication by an additional ninety days;

(5) within the time frame for the agency consideration of an adjudication, an agency shall issue final written order regarding the appeal. The final written order shall include, at a minimum:

(a) any legal justification for the decision with references to the statutes or rules on which the decision is based;

(b) any relevant factual information supporting the decision; and

(6) if the agency fails to issue a final written order within the time frame for the agency consideration of an adjudication, then any party to the appeal may immediately petition for judicial review pursuant to Section 39-3-1.1 NMSA 1978.

Section 6. ACCOUNTABILITY IN AGENCY SANCTIONS.--

A. In order to promote accountability in agency sanctions, time frames for an agency to pursue an agency sanction against a person shall be established and administered in the following manner:

(1) by no later than December 31, 2007, each agency with authority to impose an agency sanction shall establish by rule a time frame for the agency to pursue an agency sanction against a person, unless such a time frame already exists by statute or rule;

(2) the time frame for an agency to pursue an agency sanction means the number of days after the date the agency knew or had reason to know of facts allowing the agency to impose an agency sanction until the date the agency issues a final order imposing a sanction;

(3) an agency may establish by rule a different time frame for each type of agency sanction;

(4) if an agency fails to establish a time frame for the agency to pursue an agency sanction, then the time frame for the agency to pursue an agency sanction shall be one hundred eighty days;

(5) within the time frame for the agency to pursue an agency sanction, an agency must issue a final order imposing an agency sanction. The written order shall include, at a minimum:

(a) any legal justification for the decision with references to the statutes or rules on which the decision is based;

(b) any relevant factual information supporting the decision; and

(6) if an agency fails to issue an agency sanction within the applicable time frame, then the agency is barred from further pursuing the agency sanction.

B. In order to promote accountability in agency sanctions, a person shall have the right to proceed directly to court in lieu of an agency adjudication under the following circumstances:

(1) if an agency proposes or imposes an agency sanction on a person requiring payment of a total sum in excess of five hundred thousand dollars ($500,000), the person may elect to forego additional administrative remedies and may immediately petition for judicial review pursuant to Section 39-3-1.1 NMSA 1978; and

(2) a written record of an agency either proposing or imposing an agency sanction on a person requiring payment of a total sum in excess of five hundred thousand dollars ($500,000) shall be treated as an agency's final decision for purposes of seeking judicial review under Section 39-3-1.1 NMSA 1978.

Section 7. ACCOUNTABILITY IN AGENCY FEES.--In order to promote accountability in agency fees, each agency:

A. shall not charge or receive a fee or make a rule establishing a fee unless the fee for the specific activity is expressly authorized by statute;

B. shall identify the statute that authorized the fee on documents relating to the collection of the fee;

C. shall prepare, beginning on July 1, 2008, and each year thereafter, a written summary identifying:

(1) each fee charged or received by the agency with a reference to the statute authorizing the fee;

(2) the amount of each fee and the total amount collected from each fee; and

(3) a general description of how each fee is distributed and used by the agency; and

D. shall make the summary in Subsection C of this section available for public inspection upon request.

Section 8. ACCOUNTABILITY IN AGENCY LICENSING.--

A. As used in this section:

(1) "administratively complete" means an agency has determined that an applicant for a license has submitted all information required by statute or rule which allows the agency to conduct a substantive review of the request for a license;

(2) "administratively deficient" means an agency has determined that an applicant for a license has failed to submit information required by statute or rule which prevents the agency from conducting a substantive review of the request for a license;

(3) "overall time frame" means the number of days after receipt of an application for a license during which an agency determines whether to grant or deny a license, and it includes both the time frame for administrative review and the time frame for substantive review;

(4) "substantive review" means an agency determines whether an application or applicant for a license meets all substantive criteria required by statute or rule;

(5) "time frame for administrative review" means the number of days after the date an agency receives an applicant's request for a license until the date the agency determines that the request for the license is administratively complete or administratively deficient. The time frame for administrative review shall not include the period of time during which an agency provides public notice of the license or performs a review of the request for a license under the time frame for substantive review; and

(6) "time frame for substantive review" means the number of days after the date of completion of the time frame for administrative review until the date an agency concludes the substantive review of a license. The time frame for substantive review shall include the time period for any public notice or hearings required by law.

B. In order to promote accountability in agency licensing, an agency shall provide a person with the following information at the time the person obtains an application for a license:

(1) a list of all the steps that the person is required to take in order to obtain the license;

(2) the name and telephone number of an agency contact who can answer questions or provide assistance throughout the licensing process; and

(3) the applicable overall time frame, time frame for administrative review and time frame for substantive review.

C. In order to promote accountability in agency licensing, by no later than December 31, 2007 an agency that issues licenses shall have in place final rules establishing an overall time frame, time frame for administrative review and time frame for substantive review for each type of license. These time frames shall be established in the following manner:

(1) a rule regarding an overall time frame for each type of license shall state separately a time frame for administrative review and a time frame for substantive review;

(2) if an overall time frame already exists by statute but does not specify a separate time frame for administrative review and a separate time frame for substantive review, the agency shall establish by rule a separate time frame for administrative review and a separate time frame for substantive review;

(3) if a time frame for administrative review or a time frame for substantive review already exists by statute or rule but does not specify an overall time frame, the agency shall establish by rule an overall time frame and either a time frame for administrative review or time frame for substantive review that is not addressed by statute or rule;

(4) an agency does not need to promulgate by rule an overall time frame, time frame for administrative review, or time frame for substantive review if a license is issued:

(a) pursuant to tribal state gaming compacts;

(b) within thirty days after receipt of initial application; or

(5) an agency may establish a different overall time frame, time frame for administrative review and time frame for substantive review for each type of license; and

(6) agencies shall consider all of the following when establishing a time frame by rule:

(a) the complexity of the licensing subject matter;

(b) the resources of the agency;

(d) the impact of the licensing decision on public health and safety;

(e) the possible use of volunteers with expertise in the subject matter area;

(f) the possible increased use of general licenses for similar types of licensed businesses or facilities;

(g) the possible increased cooperation between the agency and the regulated community; and

(h) increased agency flexibility in structuring the licensing process and personnel.

D. In order to promote accountability in agency licensing, a time frame for administrative review for each type of license shall be administered in the following manner:

(1) within the time frame for administrative review, an agency shall issue a written notice to an applicant for a license informing the applicant as to whether information submitted to the agency is administratively complete or administratively deficient;

(2) if an agency determined that an application is administratively deficient, the agency shall include a comprehensive list of the specific deficiencies in the written notice. If the agency issues a written notice of deficiencies within the time frame for administrative review, the time frame for administrative review and overall time frame are suspended from the date the notice is issued until the date that the agency receives the missing information from the applicant; and

(3) if an agency does not issue a written notice within the time frame for administrative review, the application is deemed administratively complete.

E. In order to promote accountability in agency licensing, a time frame for substantive review for each type of license shall be administered in the following manner:

(1) within the time frame for substantive review, an agency may submit one comprehensive written request for additional information to an applicant, or the agency and applicant may mutually agree in writing to allow the agency to submit supplemental requests for additional information;

(2) if an agency issues a comprehensive written request or a supplemental request by mutual written agreement for additional information, the time frame for substantive review and overall time frame are suspended from the date the request is issued until the date that the agency receives the additional information from the applicant; and

(3) by mutual written agreement, an agency and an applicant for a license may extend the time frame for substantive review and the overall time frame; however, an extension of the time frame for substantive review and the overall time frame may not exceed twenty-five percent of the overall time frame.

F. In order to promote accountability in agency licensing, an overall time frame for each type of license shall be administered in the following manner:

(1) unless an agency and an applicant for a license mutually agree to extend the time frame for substantive review and the overall time frame, an agency shall issue a written notice granting or denying a license within the overall time frame to an applicant; and

(2) if an agency denies an application for a license, the agency shall include in the written notice at least the following information:

(a) justification for the denial with references to the statutes or rules on which the denial is based; and

(b) an explanation of the applicant's right to appeal the denial, which shall include the number of days in which the applicant must file a protest challenging the denial and the name and telephone number of an agency contact person who can answer questions regarding the appeals process.

G. In order to promote accountability in agency licensing, an agency shall be held accountable in the following manner for its failure to adhere to an applicable time frame:

(1) if an agency does not issue to an applicant the written notice granting or denying a license within the overall time frame or within the time frame extension, the agency:

(a) shall refund to the applicant all fees charged for reviewing and acting on the application for the license;

(b) shall excuse payment of any such fees that have not yet been paid;

(d) shall make the refund within thirty days after the expiration of the overall time frame or the time frame extension;

(e) shall make the refund from the fund in which the application fees were originally deposited; and

(f) shall continue to process the application; and

(2) the agency shall pay a penalty to the state general fund for each month after the expiration of the overall time frame or the time frame extension until the agency issues written notice to the applicant granting or denying the license. The agency shall pay the penalty from the agency fund in which any application fees were originally deposited. The penalty shall be one percent of the total fees received by the agency for reviewing and acting on the application for each license that the agency has not granted or denied on the last day of each month after the expiration of the overall time frame or time frame extension for that license.

H. In order to promote accountability in agency licensing, an agency shall not base a licensing decision, in whole or in part, on a licensing requirement or condition that is not specifically authorized by statute or rule. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

Section 9. ACCOUNTABILITY IN AGENCY INSPECTIONS.--

A. In order to promote accountability in agency inspections, an inspector or regulator of an agency who enters any premises of a regulated person for the purpose of conducting an inspection pursuant to a license shall:

(1) present photo identification on entry of the premises;

(2) state the purpose of the inspection and the legal authority for conducting the inspection when initiating the inspection;

(3) disclose any applicable inspection fees;

(4) afford an opportunity to have an authorized on-site representative of the regulated person accompany the inspector or regulator of the agency on the premises, except during confidential interviews;

(5) provide notice of the right to have copies of any original documents taken by the agency during the inspection if the agency is permitted by law to take original documents, a split of any samples taken during the inspection if the split of any samples would not prohibit an analysis from being conducted or render an analysis inconclusive and copies of any analysis performed on samples taken during the inspection;

(6) inform each person that a conversation is being recorded if the inspector or regulator decides to tape record the conversation; and

(7) inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.

B. On initiation of an inspection of any premises of a regulated person, an inspector or regulator of an agency shall provide in writing the rights described in Subsection A of this section, the name and telephone number of a contact person available to answer questions regarding the inspection, and the rights to appeal a final decision of an agency based on the results of the inspection, including the name and telephone number of a person to contact within the agency.

C. An inspector or regulator of an agency shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in Subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing prescribed in Subsection B of this section. The agency shall maintain a copy of this signature with the inspection report and shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in Subsection B of this section, the inspector or regulator shall note that fact on the writing prescribed in Subsection B of this section.

D. An agency that conducts an inspection shall give a copy of the inspection report to the regulated person or on-site representative of the regulated person at the time of the inspection, within thirty working days after the inspection unless otherwise provided by law or as otherwise required by state or federal law. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the agency may provide the regulated person with an opportunity to correct the deficiencies unless the agency determines that the deficiencies are committed intentionally, not correctable within a reasonable period of time as determined by the agency, evidence of a pattern of noncompliance or a risk to any person or to the health, safety and welfare of the public.

E. If the agency allows the regulated person an opportunity to correct the deficiencies pursuant to Subsection D of this section, the regulated person shall notify the agency when the deficiencies have been corrected. Within thirty days of receipt of notification from the regulated person that the deficiencies have been corrected, the agency shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance. If the regulated person fails to correct the deficiencies or the agency determines the deficiencies have not been corrected within a reasonable period of time, the agency may take any enforcement action authorized by law for the deficiencies. An agency decision pursuant to this section or Subsection D of this section is not an agency action subject to appeal.

F. At least once every month after the commencement of the inspection, an agency shall provide a regulated person with an update on the status of any agency action resulting from an inspection of the regulated person. An agency is not required to provide an update after the regulated person is notified that no agency action will result from the inspection or after the completion of action resulting from the inspection.

G. The inspections procedures set forth in this section do not authorize an inspection or any other act that is not otherwise authorized by law. The inspection procedures set forth in this section only apply to inspections necessary for the issuance of a license or to determine compliance with license conditions and requirements. This section does not apply to criminal investigations, investigations under tribal- state gaming compacts, undercover or confidential investigations that are generally or specifically authorized by law or inspections where the inspector or regulator has reasonable suspicion to believe that the regulated person may be engaged in criminal activity. Nothing in this section shall be used to exclude evidence in a criminal proceeding.

H. If an inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or a civil penalty. However, if an inspector or regulator gathers evidence in violation of this section, the violation shall be considered by an agency, judge, administrative law judge or hearing officer as grounds for reduction of any fine or penalty. In addition, the failure of an agency employee to comply with this section constitutes cause for disciplinary action or dismissal of any employee.

Section 10. REPORTING.--

A. The following written documents shall be submitted to the governor, president pro tempore of the senate, speaker of the house of representatives and publisher:

(1) on or before December 31 of each year, each agency subject to Subsection A of Section 4 of the Administrative Accountability Act shall submit its regulatory agenda;

(2) beginning on July 1, 2008, and by July 1 of each year thereafter, each agency subject to Subsection B of Section 5 of the Administrative Accountability Act shall submit a written report setting forth compliance levels regarding its time frames for agency consideration of an adjudication. The report shall include, at a minimum, the number of adjudications considered by the agency, the number of adjudications that the agency failed to consider within the time frame for the agency consideration of an adjudication and a brief explanation as to why an agency failed to timely consider each matter;

(3) beginning on July 1, 2008, and by July 1 of each year thereafter, each agency subject to the provisions of Section 6 of the Administrative Accountability Act shall submit its written summary of fees as set forth in Section 6 of this act; and

(4) beginning on July 1, 2008, and by July 1 of each year thereafter, each agency subject to the provisions of Subsections C through G of Section 7 of the Administrative Accountability Act shall submit a written report setting forth compliance levels regarding its overall time frames, time frames for administrative review and time frames for substantive review. The reports shall include, at a minimum, the number of licenses issued or denied within the applicable time frames, the number of licenses that the agency failed to consider within the applicable time frames, a brief explanation as to why an agency failed to timely consider each matter, the dollar amount of all fees returned to applicants and the dollar amount of all penalties paid to the state general fund due to the failure to comply with overall time frames.

B. Agencies may consolidate the written documents identified in Subsection A of this section into one or more documents to facilitate reporting in a combined manner.

C. The president pro tempore of the senate and the speaker of the house of representatives shall forward the written reports identified in Subsection A of this section to one or more interim or standing legislative committees for further review.

D. The publisher shall provide for public inspection copies of the documents identified in Subsection A of this section. The publisher may publish these documents in the New Mexico register.

Section 11. EXEMPTIONS.--The governor, by executive order, may exempt an agency from one or more provisions of the Administrative Accountability Act. The executive order shall set forth any and all reasons for providing an agency with an exemption from that act. A copy of the executive order shall be delivered to the president pro tempore of the senate and the speaker of the house of representatives. The president pro tempore of the senate and the speaker of the house of representatives shall forward the executive order to one or more interim or standing committees for further review.

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