Section 10. Requirements For Synopses

Synopses of adopted rules must be certified as giving adequate notice of the contents of the rule. If an agency chooses to submit to the register a synopsis of an adopted rule in place of the full text it shall: A. Have legal counsel (the in-house attorney or its assigned assistant attorney general) review the synopsis for its adequacy of notice. B. Have legal counsel certify that the synopsis gives adequate notice of the content of the rule, considering at least the following: (1) whether the subject matter is fully disclosed; (2) whether the persons affected are fully disclosed; (3) whether the interests of the persons affected are described; (4) whether geographical applicability is clearly stated; (5) where a rule incorporates commercially published material (such as the Code of Federal Regulations, Uniform Plumbing Code, etc.) and such material is a substantial portion of the rule, whether such material is clearly identified in the synopsis; (6) whether the telephone number and address of the issuing agency or a URL are provided for obtaining the full text of the rule; and (7) whether the effective date of the rule is clearly stated. C. Include with the synopsis the following certification by the agency’s legal counsel that will be printed in the register along with the synopsis: I CERTIFY THAT THIS SYNOPSIS GIVES ADEQUATE NOTICE OF THE CONTENTS OF THE RULE DESCRIBED ABOVE THIS _____ DAY OF ____________________________ 20__ BY: (name of certifying attorney) ________________________________________________________ D. The records center shall not ordinarily accept synopses of rules for publication in the register. (1) Exceptions may be granted for a rule on a one-time-only basis if the state records administrator determines "that publication in the register of the full text of an adopted rule would be unduly cumbersome, expensive or otherwise inexpedient." (2) Exceptions may be granted for a rule when an agency can demonstrate that a synopsis might be more informative than publication ation in the register. (1) Exceptions may be granted for a rule on a one-time-only basis if the state records administrator determines "that publication in the register of the full text of an adopted rule would be unduly cumbersome, expensive or otherwise inexpedient." (2) Exceptions may be granted for a rule when an agency can demonstrate that a synopsis might be more informative than publication. This might be the case when a single word is added, grammar is corrected or the proposed change is so minor as to make publication of the full section unreasonable. (3) If an agency wishes to request an exception: (a) the request must be submitted to the state records administrator in writing, in hard copy, along with hard copies of the proposed synopsis, the certificate of adequate notice, and the full text of the rule at least 30 days prior to the intended filing date of the rule; 1.24.15 NMAC 3 (b) the request shall disclose how the agency intends to provide complete copies of the rule to the affected persons and entities. (4) The state records administrator shall provide a written response to the request. (5) If the synopsis is approved, a copy of the written approval for the exception by the state records administrator must be included as part of the synopsis when it is published. (6) For guidance on filing temporary emergency rules in synopsis form see 1.24.20 NMAC.