Section 60-3A-10 - Administrative rules and orders; presumption of correctness.
60-3A-10. Administrative rules and orders; presumption of correctness.
A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act [60-3A-1 NMSA 1978].
B. Directives issued by the director shall be in form substantially as follows:
(1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying the statutes to which they relate;
(2) rulings are written statements of the director interpreting the statutes to which they relate and are of limited application to one or a small number of licensees; and
(3) orders are written statements of the director to implement his decision after a hearing.
C. To be effective, a rule shall first be issued as a proposed rule and filed for public inspection in the office of the director. Distribution of the rule shall be made to interested persons and their comments shall be invited. After the proposed rule has been on file for thirty days and a public hearing has been held, the director may issue it as a final rule by filing as required by law.
D. The director shall furnish a copy of the rules to all licensees and other interested persons at a nominal cost.
E. A rule or order issued by the director is presumed to be a proper implementation of the licensing provisions of the Liquor Control Act.
F. All rules and orders shall be applied prospectively only.