Conflicts between rule and statute; variance between proposed and final action.

  1. Law
  2. New Mexico Statutes
  3. Records, Rules, Legal Notices, Oaths
  4. State Rules
  5. Conflicts between rule and statute; variance between proposed and final action.

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A. No rule is valid or enforceable if it conflicts with statute. A conflict between a rule and a statute is resolved in favor of the statute.

B. A word or phrase that is defined in an applicable statute should not be defined in rule. A conflict between a definition that appears in a rule and in an applicable statute is resolved in favor of the statute.

History: Laws 2017, ch. 137, § 9.

ANNOTATIONS

Effective dates. — Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 9 effective July 1, 2017.


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