New Mexico § 9-1-5 - Secretary; duties and general powers

§ 9-1-5. Secretary; duties and general powers

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer

and enforce the laws with which the secretary or the department is charged. B. To perform the secretary's duties, the secretary has every power expressly enumerated

in the laws, whether granted to the secretary or the department or any division of

the department, except where authority conferred upon any division is explicitly exempted

from the secretary's authority by statute. In accordance with these provisions, the secretary shall: (1) except as otherwise provided in the Executive Reorganization Act, exercise general

supervisory and appointing authority over all department employees, subject to any

applicable personnel laws and regulations; (2) delegate authority to subordinates as the secretary deems necessary and appropriate,

clearly delineating such delegated authority and the limitations thereto; (3) organize the department into those organizational units the secretary deems will

enable it to function most efficiently, subject to any provisions of law requiring

or establishing specific organizational units; (4) within the limitations of available appropriations and applicable laws, employ

and fix the compensation of those persons necessary to discharge the secretary's duties; (5) take administrative action by issuing orders and instructions, not inconsistent

with the law, to assure implementation of and compliance with the provisions of law

for whose administration or execution the secretary is responsible and to enforce

those orders and instructions by appropriate administrative action or actions in the

courts; (6) conduct research and studies that will improve the operations of the department

and the provision of services to the residents of the state; (7) provide courses of instruction and practical training for employees of the department

and other persons involved in the administration of programs with the objective of

improving the operations and efficiency of administration; (8) prepare an annual budget of the department; (9) provide cooperation, at the request of heads of administratively attached agencies

and adjunct agencies, in order to: (a) minimize or eliminate duplication of services and jurisdictional conflicts; (b) coordinate activities and resolve problems of mutual concern; and (c) resolve by agreement the manner and extent to which the department shall provide

budgeting, recordkeeping and related clerical assistance to administratively attached

agencies; (10) implement, as much as legally permissible, the strategic plan developed by the

sustainable economy task force as provided in Section 9-15-59 NMSA 1978; (11) develop and implement a departmental plan to provide meaningful access to state

programs for individuals with limited English proficiency that includes: (a) an annual public assessment, submitted to the governor, that details the need

for departmental services to improve access for individuals with limited English proficiency; (b) the department's plan to meet the needs identified in the assessment, including

interpretation and translation services and bilingual staffing; (c) the cost, including competitive salary structures for employees with multilingual

proficiencies, to implement the departmental plan to provide meaningful language access

to state programs; and (d) submission of an annual report to the governor and the legislative finance committee

regarding the implementation of the department's language access plan; (12) appoint, with the governor's consent, a “director” for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary; (13) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require

directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned

upon the faithful performance of duties, as provided in the Surety Bond Act. The department shall pay the costs of these bonds; and (14) require performance bonds of such department employees and officers as the secretary

deems necessary, as provided in the Surety Bond Act. The department shall pay the costs of these bonds. C. The secretary may apply for and receive, with the governor's approval, in the name

of the department any public or private funds, including United States government

funds, available to the department to carry out its programs, duties or services. D. Where functions of departments overlap or a function assigned to one department

could better be performed by another department, a secretary may recommend appropriate

legislation to the next session of the legislature for its approval. E. The secretary may make and adopt such reasonable procedural rules as may be necessary

to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions

and duties of the division shall be effective until approved by the secretary unless

otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside

the department shall be adopted, amended or repealed without a public hearing on the

proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time

and place of the hearing, the manner in which interested persons may present their

views and the method by which copies of the proposed rule or proposed amendment or

repeal of an existing rule may be obtained shall be published once at least thirty

days prior to the hearing date in a newspaper of general circulation and mailed at

least thirty days prior to the hearing date to all persons who have made a written

request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act. F. If this section conflicts with the powers and duties specifically given by statute

to a particular secretary, the specific powers and duties shall control. If this section conflicts with other statutes specifically limiting the powers of

a secretary, the specific limitations shall control. 1

NMSA 1978, § 10-9-1 et seq. 2

NMSA 1978, §§ 10-2-13 to 10-216. 3

NMSA 1978, § 14-4-1 et seq.