A. Any person may recommend or propose regulations to the board for promulgation. The board shall determine whether to hold a hearing within sixty days of submission of a proposed regulation.

B. No regulations shall be adopted, amended or repealed until after a public hearing by the board. Notice of the hearing shall be given at least thirty days prior to the hearing date and shall state the subject, time and place of the hearing and the manner in which interested persons may secure copies of any regulations proposed to be adopted, amended or repealed. The notice shall be published in a newspaper of general circulation in the state. 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. At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing. Any person heard or represented at the hearing shall be given written notice of the action by the board. The board may designate a hearing officer to take evidence in the hearing and present the evidence to the board. A record shall be made of each hearing.

C. Notwithstanding the provisions of Subsection B of this section, the secretary may adopt an emergency regulation to take immediate effect upon its filing under the State Rules Act [Chapter 14, Article 4 NMSA 1978] if the secretary determines:

(1) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and

(2) that the emergency regulation is necessary to protect employees from the danger.

D. The emergency regulation shall be effective until superseded by a final regulation promulgated in accordance with the procedures prescribed in Subsection B of this section. The final regulation shall be promulgated within one hundred twenty days of the date of promulgation of the relevant emergency regulation.

E. If the emergency regulation is promulgated in response to an emergency temporary standard issued pursuant to the federal Occupational Safety and Health Act of 1970, then such regulation shall only be enforceable to the same extent as the federal emergency temporary standard.

F. If the federal emergency temporary standard is superseded by a federal permanent standard, then the state emergency regulation shall remain in effect for an additional one hundred twenty days after promulgation of the superseding standard. During this additional one hundred twenty days, the board shall promulgate a regulation in accordance with the procedures prescribed in Subsection B of this section.

History: 1953 Comp., § 59-14-11, enacted by Laws 1972, ch. 63, § 11; 1975, ch. 290, § 9; 1982, ch. 73, § 20; 1984, ch. 80, § 1; 1993, ch. 322, § 10.

Cross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq.

The 1993 amendment, effective April 8, 1993, deleted the former final sentence of Subsection B, which read "No regulation, amendment or repeal thereof adopted by the board shall become effective until thirty days after its filing under the State Rules Act"; substituted "secretary may adopt" for "agency shall provide for" in the introductory paragraph of Subsection C; substituted "board" for "agency" in the second sentence of Subsection F; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 152 et seq.; 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 132, 137, 138.

73 C.J.S. Public Administrative Laws and Proceedings § 87 et seq.