New Mexico
Register / Volume XXXVI, Issue 21 / November 4, 2025
NOTICE OF PUBLIC
RULE HEARING AND FUNERAL
SERVICES BOARD MEETING
The New Mexico Funeral Services Board and the Regulation and Licensing Department will hold a rule
hearing on Friday December 19, 2025, at 10:00 a.m., immediately followed by a
meeting of the Funeral Services board for adoption of the proposed
rules listed below.
The hearing and subsequent
board meeting will take place at the Regulation and Licensing Department, located at 5500 San Antonio
dr. NE., Albuquerque, New Mexico 87109.
The hearing and subsequent Funeral Services board meeting
may also be accessed virtually
via Microsoft Teams.
Meeting Link:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTg4YzlhZjgtMTRkNC00M2Y4LThhOGUtNjc3NzNhMDZiYTVm%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22c32153ee-ab7c-43ed-ab7e-278fdf7f55d0%22%7d
Meeting
ID: 264 608 687 123 7
Passcode:
57WH3dH9
Dial in by phone
+1 505-312-4308,,263403694#
United States, Albuquerque
(888) 506-1357,,263403694#
United States (Toll-free)
Find a local number
Phone conference ID: 263 403 694#
The purpose
of the rule hearing is to consider
the initiation of rulemaking for the following
rules:
b. Rule 16.64.4 NMAC, Requirements for
Establishments and Crematories
c. Rule 16.64.6 NMAC, Continuing Education
On Friday,
November 14, 2025, copies
of the proposed rules may be obtained
through the New Mexico Funeral Services board website
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/funeral-services/statutes-rules-and-rule-hearings/
Copies may also be obtained by contacting Gary Barela, Board Administrator, at
funeral.board@rld.nm.gov
The New Mexico Funeral Services
Board and the Regulation and Licensing Department will begin accepting written public comment
regarding the proposed
rule changes beginning
Friday, November 14th, 2025, 8:00 a.m. and ending Thursday December 18,
2025, 8:00 a.m. Written public comment may be submitted either by email to
funeral.board@rld.nm.gov
or by postal
mail to the following address:
Attn: Funeral
Services Board
P.O. Box 25101
Santa Fe, NM 87504
Written comments received during
the public comment period (November 14, 2025 December 18, 2025) will be
posted to the website page linked above. Public comments
will also be accepted during the rule hearing
and may be submitted in writing or presented orally by those attending
in-person. The members of the Funeral Services
Board will not enter substantive discussion of public comments
during the rule hearing but will consider and deliberate any public comment
during the regular board meeting immediately following the conclusion of the
public rule hearing.
The agenda for the Funeral Services Board regular
meeting, which will begin immediately after the public rule hearing, will be available no less than 72 hours prior to the meeting,
and available on the website linked above or by contacting the board
administrator Gary Barela.
If you are
an individual with a disability who needs a reader, amplifier, qualified sign
language interpreter, or any other
form of auxiliary aid or service to attend or participate in the hearing or the
regular board meeting, please contact Gary Barela at (505) 476-4622 at least 7
days prior to the rules hearing and regular board
meeting. Public documents, including the proposed
rules, meeting agenda and minutes, can be provided in various accessible
formats.
For inclement weather: If the New
Mexico state offices are placed on a two-hour delay to inclement weather, the rule hearing
will be pushed back two hours from the noticed
hearing time. If New Mexico state
offices are closed due to inclement weather, the rule hearing will be
rescheduled as soon as possible.
Statutory Authority: The proposed
rule changes are authorized by the Funeral Services Act, §§61-32-1 through
§§61-32-31, NMSA 1978. which provides authority to authorize the board to
promulgate rules to and carry out the provisions of the Act. The rulemaking and
public rule hearing is governed by the State Rules Act, §§ 14-4-1 through -11
NMSA 1978, and the Default Procedural Rule for Rulemaking promulgated by the
New Mexico Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose of Proposed Rules: The proposed rule changes will repeal and replace
existing rules to reflect updates that will be discussed at the hearing and
made available on the Funeral Services Board website. These changes are
intended to conform with statutory requirements, introduce additional
administrative fees, and revise continuing education requirements. More
broadly, the proposed rules aim to clarify existing regulatory and statutory
provisions, uphold high standards of professionalism among licensees and
certificate holders, and fulfill the Boards statutory obligation to promote,
preserve, and protect public health, safety, and welfare.
Summary of Proposed Changes: The Board summarizes its proposed changes to its
administrative rules as follows: Rule 16.64.2 NMAC Fees: Elimination of
certain fees and services, including copying costs, licensee lists, and mailing
labels. The fee for returned checks and electronic checks (e-checks) will be
reduced to $35. A $10 application processing fee will be added to support the
Boards online services. Rule 16.64.4 NMAC Requirements for Establishments
and Crematories: The Board proposes to modernize the rule by removing outdated
or redundant language to improve clarity and reduce confusion. Specific
operational requirements will be eliminated, including the mandate that a
licensed funeral service practitioner reside within a certain distance of the
establishment, along with other procedural or logistical requirements that no
longer reflect current industry practices or technological capabilities. Rule 16.64.6 NMAC Continuing Education: The
Board proposes to implement an audit process for continuing education
compliance and update CEU requirements to better align with current
professional standards.