A. The division may adopt reasonable rules necessary to carry out the provisions of the Enhanced 911 Act.

B. The division may fund enhanced 911 systems pursuant to the provisions of the Enhanced 911 Act.

C. Division powers are limited and do not include power to intervene between two vendors or restrict marketing efforts of vendors.

D. The division and the local governing body may establish 911 service areas.

E. Unless otherwise provided by law, no rule affecting any person, agency, local governing body or communications service provider shall be adopted, amended or repealed without a public hearing on the proposed action before the director of the division or a hearing officer designated by the director. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons or agencies who have made a written request for advance notice of the hearing and to all local governing bodies and communications service providers.

F. All rules shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].

History: 1978 Comp., § 63-9D-8.1, enacted by Laws 1990, ch. 87, § 3; 1993, ch. 48, § 10; 2001, ch. 110, § 7; 2005, ch. 203, § 6; 2017, ch. 122, § 5.

The 2017 amendment, effective June 16, 2017, changed references to "telecommunications company or commercial mobile radio service provider" to "communications service provider"; in Subsection E, replaced "commercial mobile radio" with "communications" and deleted all references to "telecommunications companies" throughout the subsection.

The 2005 amendment, effective July 1, 2005, added Subsection C and relettered the succeeding subsections accordingly.

The 2001 amendment, effective July 1, 2001, substituted "may" for "should have the authority to" in Subsections B and C; in Subsection D, substituted "commercial mobile radio service provider or telecommunications company" for "or local exchange telephone company" at the beginning and substituted "telecommunications companies and commercial mobile radio service providers" for "and local exchange telephone companies" and made stylistic changes.

The 1993 amendment, effective July 1, 1993, added current Subsections B and C and redesignated former Subsections B and C as Subsections D and E.