A. The board shall, after public hearing, adopt rules for the protection of the life and safety of employees and to carry out the intent of the Mining Safety Act. The board may appoint a special committee of employers, employees and experts to assist in the development of proposed rules. The inspector may make recommendations to the board as necessary to carry out the intent of the Mining Safety Act.

B. Notice of the subject, 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 may be obtained shall be:

(1) published at least thirty days prior to the hearing date in a newspaper of general circulation in the state and in the New Mexico register, if published; and

(2) mailed at least thirty days prior to the hearing date to all persons that have made a written request to the board or the inspector for advance notice of hearings.

C. The board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing. The board may designate a hearing officer to take evidence in the hearing. Any person that provides comments shall be given written notice of the action of the board.

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

History: 1978 Comp., § 69-8-4, enacted by Laws 1985, ch. 68, § 3; 2007, ch. 301, § 10; 2007, ch. 302, § 10.

Repeals and reenactments. — Laws 1985, ch. 68, § 3, repealed former 69-8-4 NMSA 1978, as enacted by Laws 1961, ch. 136, § 4, and enacted a new section.

The 2007 amendment, effective June 20, 2007, provided that the board shall adopt rules after public hearing and rewrote Subsections B and C.

Laws 2007, ch. 301, § 10 and Laws 2007, ch. 302, § 10, both effective June 20, 2007, enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 302, § 10. See 12-1-8 NMsA 1978.

Purpose of mining safety advisory board as specified in the act is to formulate and propose rules and regulations for safety in the mining industry and then to submit these proposed rules and regulations to the state inspector of mines. 1969 Op. Att'y Gen. No. 69-05 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.