Petition NM Supreme Court for Writ of Mandamus - New Mexico ...

NMAC). The “date and hour of filing” noted on both is “2010 Dec 27 AM 10.40.”
Id.
12. The regulations of the State Records Administrator define “filing” as:
[Thel process by which one paper copy of a part or amendment, the
corresponding electronic copy and the NMAC transmittal form are
delivered to the records center and, if accepted by the records center,
are date stamped and accessioned.
§ 1.24.1.7 (J) NMAC (defining “filing”). Thus, there is no question that the
Records Center “accepted” Rule 20.2.100 NMAC for “filing.”
II. Respondents Improperly Attempted to “Cancel” the Board’s Filing of Rule
20.2.100 NMAC with the State Records Center:
13. Just five days after the Board filed Rule 20.2.100 NMAC with the
Records Center, on January 1, 2011, Susana Martinez became Governor of the
State of New Mexico. On that same day, Governor Martinez issued Executive
Order No. 2011-001, which provided in pertinent part:
All proposed and pending rules and regulations, excluding those not
under the authority of the Governor, are suspended for a period of
review of 90 days unless excepted as set forth below.
[Exhibit 1.1 The Governor’s Executive Order “suspended” all “proposed and
pending rules” in order to subject them to a ninety-day “common sense” review by
the task force established in the Order. Id.
14. Three days later, at 9:24A.M. on January 4, 2011, the “Director of the
Administrative Law Division (ALD) at the State Records Center and Archives,”
John Martinez, sent an email to the Governor’s general counsel, Jessica
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