FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 31-21-15 — NM Code / Chapter 31 / Article 21 / Section 31-21-15
§ 31-21-15. Return of probation violator
Status: in_force

A. At any time during probation:

(1) the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of release. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility designated by the court;

(2) the court may issue a notice to appear to answer a charge of violation. The notice shall be personally served upon the probationer; or

(3) the director may arrest a probationer without warrant or may deputize any officer with power of arrest to do so by giving the officer a written statement setting forth that the probationer has, in the judgment of the director, violated the conditions of the probationer's release. The written statement, delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention, is sufficient warrant for the detention of the probationer. Upon the probationer's arrest and detention, the director shall immediately notify the court and submit in writing a report showing in what manner the probationer has violated the conditions of release.

B. The court shall then hold a hearing, which may be informal, on the violation charged. If the violation is established, the court may continue the original probation or revoke the probation and either order a new probation with any condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978 or require the probationer to serve the balance of the sentence imposed or any lesser sentence. If imposition of sentence was deferred, the court may impose any sentence that might originally have been imposed, but credit shall be given for time served on probation.

C. If it is found that a warrant for the return of a probationer cannot be served, the probationer is a fugitive from justice. After hearing upon return, if it appears that the probationer has violated the provisions of the probationer's release, the court shall determine whether the time from the date of violation to the date of the probationer's arrest, or any part of it, shall be counted as time served on probation. For the purposes of this subsection, “ probationer ” means a person convicted of a crime by a district, metropolitan, magistrate or municipal court.

D. The board shall budget funds to cover expenses of returning probationers to the court. The sheriff of the county in which the probationer was convicted is the court's agent in the transportation of the probationer, but the director, with the consent of the court, may utilize other state agencies for this purpose when it is in the best interest of the state.
N.M. Stat. § 59A-16-29 — NM Code / Chapter 59A / Article 16 / Section 59A-16-29
§ 59A-16-29. Penalties
Status: in_force

In addition to any applicable suspension, revocation or refusal to continue any certificate of authority or license under the Insurance Code, a penalty for violation of any provision of this article may be imposed by the superintendent in accordance with Section 59A-1-18 NMSA 1978 .
N.M. Stat. § 1-12-18 — NM Code / Chapter 1 / Article 12 / Section 1-12-18
§ 1-12-18. Conduct of election; disclosure of vote
Status: in_force

An election official, a member of the precinct board, a watcher or a challenger shall not disclose the name of any candidate for whom any voter has voted.
N.M. Stat. § 7-8A-22 — NM Code / Chapter 7 / Article 8A / Section 7-8A-22
§ 7-8A-22. Enforcement
Status: in_force

The administrator may maintain an action in this or another state to enforce the Uniform Unclaimed Property Act (1995). The court may award reasonable attorney's fees to the prevailing party.
N.M. Stat. § 59A-42-1 — NM Code / Chapter 59A / Article 42 / Section 59A-42-1
§ 59A-42-1. Short title
Status: in_force

Chapter 59A, Article 42 NMSA 1978 may be cited as the “Life and Health Insurance Guaranty Association Act”.
N.M. Stat. § 22-10A-38 — NM_STATUTES Code / Chapter 22 / Article 10A / Section 22-10A-38
§ 22-10A-38. Pay for sabbatical leave
Status: in_force

Sabbatical leave pay may be allowed in any amount up to one-half of the employee's regular salary for the year immediately preceding the leave and payment shall be made by one of the two following methods:

A. one-half to be paid at the end of the first year after return and one-half at the end of the second year after return; or

B. during the term of the leave upon the furnishing of security satisfactory to the local school board or the governing authority of the state agency assuring the employee's remaining in the system for two years after the leave or repayment to the school district or state agency of the salary received during the period of leave.
N.M. Stat. § 29-1-8 — NM_STATUTES Code / Chapter 29 / Article 1 / Section 29-1-8
§ 29-1-8. Penalty for refusing to aid officer; action to recover
Status: in_force

If any person shall refuse or neglect to obey the summons of any such officer, such person shall be fined in any sum not exceeding fifty dollars [($50.00)], nor less than five dollars [($5.00)], to be recovered by suit before any justice of the peace [magistrate], to the use of the county in which said suit may originate.
N.M. Stat. § 7-9-65 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-65
§ 7-9-65. Deduction; gross receipts tax; chemicals and reagents
Status: in_force

Receipts from selling chemicals or reagents to any mining, milling or oil company for use in processing ores or oil in a mill, smelter or refinery or in acidizing oil wells, and receipts from selling chemicals or reagents in lots in excess of eighteen tons to any hard-rock mining or milling company for use in any combination of extracting, leaching, milling, smelting, refining or processing ore at a mine site, may be deducted from gross receipts. Receipts from selling explosives, blasting powder or dynamite may not be deducted from gross receipts.
N.M. Stat. § 1-1-5.5 — NM Code / Chapter 1 / Article 1 / Section 1-1-5.5
§ 1-1-5.5. Power of attorney; prohibited use
Status: in_force

A power of attorney or other form of proxy is not valid for use by a person in any procedure or transaction concerning elections, including voter registration, petition signature, voter-registration cancellation, absentee ballot requests or voting another person's ballot.
N.M. Stat. § 60-13-21 — NM Code / Chapter 60 / Article 13 / Section 60-13-21
§ 60-13-21. Division; disposition of fees
Status: in_force

Fees received by the division except journeymen examination fees shall be paid to the state treasurer for deposit and transfer as provided in Section 9-16-14 NMSA 1978 .
N.M. Stat. § 7-4-8 — NM_STATUTES Code / Chapter 7 / Article 4 / Section 7-4-8
§ 7-4-8. Allocation of interest and dividends
Status: in_force

Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.
N.M. Stat. § 31-16A-1 — NM_STATUTES Code / Chapter 31 / Article 16A / Section 31-16A-1
§ 31-16A-1. Short title
Status: in_force

This act may be cited as the “Preprosecution Diversion Act.”
N.M. Stat. § 61-6-17.1 — NM Code / Chapter 61 / Article 6 / Section 61-6-17.1
§ 61-6-17.1. Temporary licensure exemption; out-of-state physicians; out-of-state sports teams
Status: in_force

A. An individual who is licensed in good standing to practice medicine in another state, and whom the board has not previously found to have violated a provision of the Medical Practice Act, may practice medicine without a license granted by the board if the individual has a written agreement with an out-of-state sports team to provide care to team members and staff traveling with the team for a specific sporting event to take place in this state; provided that:

(1) the individual has a written agreement with the out-of-state sports team governing body to provide health care services to an out-of-state sports team athlete or staff member at a scheduled sporting event;

(2) the individual's practice is limited to medical care to assist injured and ill players and coordinate appropriate referral to in-state health care providers as needed;

(3) the services to be provided by the individual are within the scope of practice authorized pursuant to the Medical Practice Act and rules of the board;

(4) the individual has professional liability coverage for the duration of the sporting event;

(5) the individual shall not:

(a) provide care or consultation to a resident of this state, other than a member of the out-of-state sports team during a sporting event; or

(b) practice medicine in the state, outside of the sporting event;

(6) the authorization to practice without a board-issued license pursuant to this section shall be valid only during the time of the sporting event, while the individual granted the authorization is providing care to the out-of-state sports team, and is limited to the duration of the sporting event;

(7) the individual or out-of-state sports team shall report to the board any potential:

(a) medical license violation;

(b) practice negligence; or

(c) unprofessional or dishonorable conduct, as those terms are defined in board rules;

(8) the individual's practice of medicine pursuant to this section shall be subject to board oversight, investigation and discipline in accordance with the provisions of the Medical Practice Act; and

(9) the board may report to a licensing board in a state in which an individual practicing medicine pursuant to this section is licensed to practice medicine any findings it makes pursuant to an investigation or disciplinary action that the board undertakes.

B. The board shall adopt and promulgate rules to implement the provisions of this section.

C. As used in this section:

(1) “ out-of-state sports team ” means an entity or organization:

(a) for which athletes engage in a sporting event;

(b) headquartered or organized under laws other than the laws of New Mexico; and

(c) a majority of whose staff and athletes are residents of another state; and

(2) “ sporting event ” means a scheduled sporting event involving an out-of-state sports team for which an admission fee is charged to the public, including any preparation or practice related to the activity.
N.M. Stat. § 3-44-1 — NM Code / Chapter 3 / Article 44 / Section 3-44-1
§ 3-44-1. Hospitals; authority
Status: in_force

A municipality may:

A. control and regulate hospitals;

B. construct hospitals and medical dispensaries;

C. contribute to the support of any county hospital located within the municipality;

D. own, maintain and operate hospitals;

E. charge for hospital services rendered;

F. lease the hospital, sanitarium or other institution upon such terms and conditions as the governing body may determine to any person, corporation or association for the operation and maintenance of the hospital; provided that the lease may be terminated by the governing body of the municipality without cause upon one hundred eighty days' notice after the first three years of the lease; and further provided that a person, association or corporation demonstrating a consistent history of service to sick and indigent persons may include the value of in-kind services provided to the municipality as a portion of consideration due on any lease for the use of hospital facilities owned by the municipality. The lease agreement must set forth the respective value of services being provided to residents and the relative value of the use of property provided by the municipality;

G. contract with the human services department [health care authority department] or the board of county commissioners for the care of sick or indigent persons;

H. accept grants for constructing, equipping and maintaining the hospital; and

I. perform any act or adopt any regulation necessary or expedient to carry out the provisions of this section.
N.M. Stat. § 7-9-64 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-64
§ 7-9-64. Deduction; gross receipts tax; newspaper sales
Status: in_force

Receipts from selling newspapers, except from selling advertising space, may be deducted from gross receipts.
N.M. Stat. § 11-18-5 — NM Code / Chapter 11 / Article 18 / Section 11-18-5
§ 11-18-5. Right of action
Status: in_force

Nothing in the State-Tribal Collaboration Act creates a right of action against a state agency or a right of review of an action of a state agency.
N.M. Stat. § 58-1C-1 — NM Code / Chapter 58 / Article 1C / Section 58-1C-1
§ 58-1C-1. Short title
Status: in_force

Sections 14 through 27 of this act 1 may be cited as the “Interstate Bank Branching Act”.
N.M. Stat. § 3-39-24 — NM Code / Chapter 3 / Article 39 / Section 3-39-24
§ 3-39-24. Enforcement and remedies
Status: in_force

Each violation of the Municipal Airport Zoning Law or of any regulations, order or ruling promulgated or made pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than one hundred dollars ($100) or imprisonment for not more than ninety days or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In addition the legislative body or the political subdivision within which the property is located may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of the Municipal Airport Zoning Law, or of airport zoning regulations adopted under the Municipal Airport Zoning Law, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by the way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of the Municipal Airport Zoning Law and of the regulations adopted and orders made pursuant thereto.
N.M. Stat. § 24-10C-3 — NM Code / Chapter 24 / Article 10C / Section 24-10C-3
§ 24-10C-3. Definitions
Status: in_force

As used in the Cardiac Arrest Response Act:

A. “ automated external defibrillator ” means a medical device heart monitor and defibrillator that:

(1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k) , from the United States food and drug administration;

(2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and

(3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;

B. “ automated external defibrillator program ” means a program of trained targeted responders registered with the department;

C. “ defibrillation ” means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;

D. “ department ” means the department of health;

E. “ good Samaritan ” means a person who lacks automated external defibrillator training but who has access to an automated external defibrillator and provides emergency automated external defibrillator services to a person in need of defibrillation, provided that the good Samaritan:

(1) acts without willful, wanton or reckless behavior that is the cause of injury or death; and

(2) acts without compensation;

F. “ person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity; and

G. “ trained targeted responder ” means a person trained in the use of an automated external defibrillator under emergency cardiac care guidelines.
N.M. Stat. § 59A-39-20 — NM Code / Chapter 59A / Article 39 / Section 59A-39-20
§ 59A-39-20. Assessments
Status: in_force

A. Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by:

(1) the attorney upon approval in advance by the subscribers' advisory committee and the superintendent; or

(2) the superintendent in liquidation of the insurer.

B. Each subscriber's share of a deficiency for which an assessment is made, but not exceeding in any event his aggregate contingent liability as computed in accordance with Section 679 of this article, shall be computed by applying to the premium earned on the subscriber's policy or policies during the period to be covered by the assessment, the ratio of the total deficiency to the total premiums earned during such period upon all policies subject to the assessment.

C. In computing the earned premiums for the purposes of this section, the gross premium received by the insurer for the policy shall be used as a base, deducting therefrom solely charges not recurring upon the renewal or extension of the policy.

D. No subscriber shall have an offset against any assessment for which he is liable, on account of any claim for unearned premium or losses payable.
N.M. Stat. § 26-1-8 — NM Code / Chapter 26 / Article 1 / Section 26-1-8
§ 26-1-8. Minor violations of act; warnings authorized
Status: in_force

Nothing in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] shall be construed as requiring the board to report for the institution of proceedings, minor violations of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], whenever the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
N.M. Stat. § 42-5-8 — NM Code / Chapter 42 / Article 5 / Section 42-5-8
§ 42-5-8. Allocation of costs of partition; definition
Status: in_force

A. In the event partition of the cotenancy is made by the commissioners appointed, the costs of partition shall by the court be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall be a lien upon the share of the cotenancy assigned by the commissioners to the cotenant. If partition cannot be made without manifest prejudice to the cotenants and sale of the estate is ordered, the costs of the action shall be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall by the court be deducted and withheld from the distributive share of the proceeds of the sale assigned to the cotenant.

B. As used in this section “costs” includes expenses incurred by commissioners, expenses incurred by agents or masters appointed by the court to conduct a sale, costs of survey and other costs incurred in physical partition or in sale which to the court seem just and proper.

C. The reasonable attorney fees of a party to an action for partition of a cotenancy may be awarded in the court's discretion, as it may deem just and equitable.
N.M. Stat. § 7-9-31 — NM Code / Chapter 7 / Article 9 / Section 7-9-31
§ 7-9-31. Exemption; gross receipts and compensating tax; resale activities of an armed forces instrumentality
Status: in_force

Exempted from the gross receipts and compensating tax are the receipts from selling tangible personal property and the use of property by any instrumentality of the armed forces of the United States engaged in resale activities.
N.M. Stat. § 48-3-22 — NM Code / Chapter 48 / Article 3 / Section 48-3-22
§ 48-3-22. Lien for work or services by retaining possession
Status: in_force

A. A person or firm, which, at the request of the owner or person lawfully in possession:

(1) repairs, cleans, adjusts or otherwise services jewelry, timing apparatus, watches, clocks, radios, home appliances, electrical equipment, musical instruments;

(2) repairs, cleans, adjusts or otherwise services sporting equipment including guns; or

(3) enhances the value of personal property, shall, by retaining possession of the articles upon which the work or service was performed, have a lien for unpaid charges for the work or services.

B. A person or firm, to qualify under the provisions of this act, must have posted a notice at each place of business at the time such work is authorized, which reads:

Sections 48-3-22 48-3-27 NMSA

C. The provisions of this act do not extend to a person or firm that performs any of the functions described in Subsection A of this section on a wholesale basis or as a subcontractor.
N.M. Stat. § 27-11-9 — NM_STATUTES Code / Chapter 27 / Article 11 / Section 27-11-9
§ 27-11-9. Expedited adjudicatory proceedings; requirements
Status: in_force

A. A medicaid provider or subcontractor seeking an expedited adjudicatory proceeding pursuant to the Medicaid Provider and Managed Care Act shall serve the department and the administrative hearings office with a written request for such proceeding no later than thirty calendar days following the service of a final determination of overpayment by the department on the medicaid provider or subcontractor.

B. The chief hearing officer of the administrative hearings office shall appoint or contract with a hearing officer qualified pursuant to Section 8 of this 2019 act no later than thirty calendar days after service upon the administrative hearings office of a request for an expedited adjudicatory proceeding pursuant to the Medicaid Provider and Managed Care Act by a medicaid provider or subcontractor.

C. The expedited adjudicatory proceeding requested by a medicaid provider or subcontractor in accordance with the Medicaid Provider and Managed Care Act shall commence no later than thirty calendar days following the appointment of the hearing officer or as stipulated by the parties or as otherwise ordered by the hearing officer upon a showing of good cause. The evidentiary hearing of an expedited adjudicatory proceeding pursuant to this section shall not exceed ten business days in length and shall be conducted in accordance with Section 12-8-11 NMSA 1978 .

D. After affording the parties the opportunity to submit proposed findings and conclusions of law, and based solely upon the record in accordance with the Medicaid Provider and Managed Care Act and the Administrative Procedures Act, the hearing officer shall make findings of fact and conclusions of law on all material issues of fact, law or discretion, stating the basis for each. In addition, the hearing officer shall determine the amount of overpayment with respect to each disputed claim submitted for payment, if any. The findings of fact and conclusions of law of the hearing officer shall be made and served upon all parties of record within thirty calendar days following the hearing officer's receipt of the record.

E. The hearing officer's findings of fact and conclusions of law shall be binding on the department and constitute a final agency decision, which may be appealed pursuant to Section 39-3-1.1 NMSA 1978 .