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HB 425

RULEMAKING AGENCY RESPONSE TO PUBLIC COMMENT

2025 Regular Session Introduced by Gail Armstrong and 2 co-sponsors

HB 425 requires New Mexico agencies to provide written responses to public comments during rulemaking, increasing regulatory transparency and accountability but potentially slowing rule adoption timelines.

action postponed indefinitely
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Bill Summary · HB 425

Legislative bill overview

HB 425 requires state rulemaking agencies to provide written responses to public comments received during the regulatory process before finalizing rules. The bill establishes a structured framework for agencies to address, rebut, or acknowledge substantive public input as part of the administrative rulemaking procedure.

Why is this important

Public comment periods are a cornerstone of democratic administrative process, allowing citizens and stakeholders to influence regulations that affect their lives. Requiring agencies to formally respond increases transparency, creates a documented record of why rules were adopted as written, and provides accountability by preventing agencies from ignoring significant public concerns without explanation.

Potential points of contention

  • Regulatory burden and delays: Mandating written responses to all comments could substantially slow the rulemaking process and increase administrative costs, potentially delaying needed rules
  • Scope ambiguity: The bill's definition of "substantive" comments requiring responses may be unclear, creating litigation risk over whether agencies adequately addressed particular concerns
  • Volume and practicality: High-volume comment periods (especially for controversial rules) could generate hundreds or thousands of comments, making individualized responses resource-intensive and potentially leading to formulaic rather than meaningful responses

Compiled from official sources — confirm details with the bill’s official record.

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