Rulemaking procedures of a board shall be as provided in the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: 1953 Comp., § 67-26-29, enacted by Laws 1971, ch. 54, § 3; 1981, ch. 349, § 19; 2022, ch. 39, § 5. Cross references. — For legal newspaper, see 14-11-2 NMSA 1978. The 2022 amendment, effective May 18, 2022, eliminated the rulemaking requirements in the Uniform Licensing Act and required all boards subject to the Uniform Licensing Act to be subject to the State Rules Act for all rulemaking, removed the requirement for publication of the notice of rulemaking, and eliminated the "thirty day after filing" effective date for final rules; in the section heading, deleted "regulations" and added "rules"; added "Rulemaking" preceding, "procedures" and added "shall be as provided in the State Rules Act", and deleted the remainder of former Subsection A; and deleted former Subsection B through E. Notice procedure of pharmacy board does not violate due process. Montoya v. O'Toole , 1980-NMSC-045, 94 N.M. 303, 610 P.2d 190. Board must disclose reasoning behind regulation. — In propounding regulations the board of pharmacy need not make formal findings. The only requirements which it must meet are that the public and the reviewing courts are informed as to the reasoning behind the regulation. The comments of one board member suffice in this regard. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy , 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799. Subsection C is applicable to repeal of regulations by an administrative agency. Rivas v. Board of Cosmetologists , 1984-NMSC-076, 101 N.M. 592, 686 P.2d 934. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 46, 125. 53 C.J.S. Licenses § 37.
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