2021 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Part 1 - GENERAL PROVISIONS
Section 17-2-5 - Adoption of regulations; effective date.
Any written regulation of the state game commission adopted by an affirmative vote of a majority of the members of the state game commission, signed by the chairman and attested by the secretary of the commission, filed in the office of the director of the department of game and fish, and filed in accordance with Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation, is duly adopted and promulgated and effective immediately. A copy of any regulation certified by the director of the department of game and fish to be a true copy of an adopted regulation is prima facie evidence in any court in this state of the adoption and promulgation of the regulation.
History: Laws 1931, ch. 117, § 4; 1941 Comp., § 43-205; 1953 Comp., § 53-2-5; Laws 1961, ch. 106, § 1.
ANNOTATIONSCross references. — For hearings on objections to rules and regulations, see 17-1-27 NMSA 1978.
Compiler's notes. — Section 4-10-13, 1953 Comp., cited in this section was repealed by Laws 1967, ch. 275, § 13. See Chapter 14, Article 4 NMSA 1978.
Authority to promulgate orders is constitutional. — Authority given to the game commission to promulgate orders is not an unconstitutional delegation of legislative power. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Proper promulgation of rules presumed. — In habeas corpus proceeding to discharge one convicted of violating regulations of state game commission, the court assumes that the regulations have been properly promulgated. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
