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1993 New Mexico Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagnm0037 and id is 1 raw text is: TOM LDAl.I.
Attorney General

Attorney General of New Mexico
PO Drawer 1508
Santa Fe. New Mexico 87504-1508
505 827-6000
Fax 505 827-5826

MANLEL TIJERINA
MARIAN MATTHEWS
Deput\ Attorne~s General

January 5, 1993

OPINION
OF
TOM UDALL
Attorney General

Opinion No. 93-1

BY: Elizabeth A. Glenn
Assistant Attorney General
TO: Mary R. Granito
State Records Administrator
State Records Center and Archives
404 Montezuma
Santa Fe, New Mexico 87503
OUESTIONS:
1. Are state agencies which are subject to the State Rules
Act, NMSA 1978, SS 14-3-24-to -25, 14-4-1 to -9 (Repl..Pamp. 1988
& Cum. Supp. 1992), required to file all policy -directives and
policy manuals as rules?
2.   Does the word rule or the word standard in the
definition of rule in the State Rules Act include procedural
standards and requirements?
3. If part of the material contained in a policy or procedure
manual is required to be filed, must the agency file the entire
manual?
4. Where material is defined as a rule under the Act and the
State  Records   Administrator --has  not  specifically  allowed
incorporation by reference, may a-state agency avoid filing the-
material and subsequent publishing in.the New Mexico Register by
incorporating by reference such material in a rule otherwise
properly filed and published?

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