Many businesses in New Mexico have an interest in the rules that administrative agencies make at the federal and state levels. From rules on gas capture & emissions to well spacing & facility location, the way energy companies operate can be greatly affected. Bradfute Sayer can help you understand the stakes associated with agency rulemakings.
Administrative Agencies and the Rulemaking Process
Bradfute Sayer will evaluate proposed rulemakings, outline what options you have to comment on a pending rule, dispute an existing rule, or take other action pursuant to your specific wishes and goals. Contact us at (505) 264-8740 or (307) 365-1814 to schedule a consultation today.
The Administrative Procedure Act (APA), 5 U.S.C. §§ 551-559, defines a rule as
the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefore or of valuations, costs, or accounting, or practices bearing on any of the foregoing.
Federal and state administrative agencies create rules through a process that generally involves several steps:
1. Initiation and notice
2. Public comment period
3. Public hearings and meetings
4. Review and revisions
5. Publication and final rule
6. Effective date and implementation
7. Publication in an administrative code
8. Monitoring and enforcement
The process described here is a general outline and can vary based on whether the agency is a federal or state agency and can also vary depending on the specific agency and the nature of the rule being created or amended. Additionally, some rules might undergo more complex procedures, especially if they involve significant policy changes or have substantial impacts on stakeholders.
Set Up a Consultation
There is a lot at stake when federal and state agencies make rules that implement laws and policies that govern our lives. If you have questions or want to know more about the administrative rulemaking process in New Mexico, the administrative lawyer at Bradfute Sayer can help. Call us at (505) 264-8740 or fill out the online form today so that we can schedule a consultation to discuss your specific questions.
