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A MEMORIAL

REQUESTING THE CREATION OF THE INTERIM REGULATORY PROCESS AND

ADMINISTRATIVE LAW COMMITTEE.

WHEREAS, in the last three years, the interim committees

of the New Mexico legislature have received presentations by

constituents on challenges in navigating regulatory

procedures and inconsistencies in rulemaking and adjudicatory

processes across and between various New Mexico agencies; and

WHEREAS, in 1969, New Mexico adopted the Administrative

Procedures Act, which provides comprehensive uniform

administrative procedures based on the 1961 model state act

adopted by the national conference of commissioners on

uniform state laws; and

WHEREAS, the legislature exempted most administrative

actions from coverage under the Administrative Procedures

Act; and

WHEREAS, the scope and complexity of administrative

responsibility has substantially increased since 1969; and

WHEREAS, the national conference of commissioners on

uniform state laws expects to release a new model

administrative procedures act in 2008; and

WHEREAS, the legislature needs to consider the proposed

model act and whether the act should apply to most, if not

all, New Mexico agencies; and

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WHEREAS, the legislature needs to consider whether

broad-based reform will enhance consistency and

predictability with respect to rulemaking and adjudicatory

procedures; and

WHEREAS, the legislature needs to examine the challenges

New Mexicans face when navigating administrative processes

and identify legislative strategies for improving the

essential rulemaking and adjudicatory functions of agencies

in order to effectively carry out legislative mandates;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE

STATE OF NEW MEXICO that the interim regulatory process and

administrative law committee be created to study the concerns

about the regulatory process, review the proposed model

administrative procedures act, identify specific areas of

reform, make findings and endorse any necessary legislation

to improve administrative procedure on rulemaking and

adjudication and ensure that agencies carry out the mandates

of the legislature, the lawmaking branch of government; and

BE IT FURTHER RESOLVED that the interim regulatory

process and administrative law committee consist of at least

ten voting members appointed by the New Mexico legislative

council; and

BE IT FURTHER RESOLVED that five members be from the

house of representatives, with at least two from the minority

party, and five members be from the senate, with at least two

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from the minority party; and

BE IT FURTHER RESOLVED that the New Mexico legislative

council designate the co-chairs; and

BE IT FURTHER RESOLVED that the co-chairs of the interim

regulatory process and administrative law committee be one

member of the house of representatives and one member of the

senate from the membership as appointed by the New Mexico

legislative council; and

BE IT FURTHER RESOLVED that the interim regulatory

process and administrative law committee be staffed by the

legislative council service and the director of the

administrative law division of the New Mexico commission of

public records; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the governor, the attorney general and the

director of the administrative law division of the New Mexico

commission of public records.