New Mexico Statutes Chapter 14. Records, Rules, Legal Notices, Oaths § 14-4-5.7. Conflicts between rule and statute; variance between proposed and final action

A. No rule is valid or enforceable if it conflicts with statute. A conflict between a rule and a statute is resolved in favor of the statute.

B. A word or phrase that is defined in an applicable statute should not be defined in rule. A conflict between a definition that appears in a rule and in an applicable statute is resolved in favor of the statute.