FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 10-12C-18 — NM_STATUTES Code / Chapter 10 / Article 12C / Section 10-12C-18
§ 10-12C-18. Correction of errors and omissions; estoppel
Status: in_force

A. If an error or omission results in an overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered.

B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayment shall extend back to the date the first payment was made based on the fraudulent information.

C. Statements of fact or law made by board members or employees of the board or the association shall not estop the board or the association from acting in accordance with the applicable statutes.
N.M. Stat. § 76-25-3 — NM Code / Chapter 76 / Article 25 / Section 76-25-3
§ 76-25-3. Healthy soil program; created; purpose
Status: in_force

A. The “healthy soil program” is created in the department. The department, with support and advice from the commission, shall administer the program.

B. The purpose of the program is to promote and support farming and ranching systems and other forms of land management that increase soil organic matter, aggregate stability, microbiology and water retention to improve the health, yield and profitability of the soils of the state.
N.M. Stat. § 33-1A-5 — NM Code / Chapter 33 / Article 1A / Section 33-1A-5
§ 33-1A-5. Board of finance approval
Status: in_force

No lease of low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978 shall be binding against the facilities management division of the general services department until it has been approved by the state board of finance.
N.M. Stat. § 47-10-15.1 — NM Code / Chapter 47 / Article 10 / Section 47-10-15.1
§ 47-10-15.1. New or amended rules; notification; open meeting; pets; physical improvements
Status: in_force

A. The management shall notify mobile home park residents of proposed new rules or amendments to existing rules at least sixty days prior to the effective date of the new or amended rules. The management shall allow residents a thirty-day comment period on proposed rule changes. Comments from residents to management on proposed rule changes shall be in writing and signed by the author. Once all comments have been received, the management shall post all comments and the responses to the comments in a conspicuous place. The new rules or amended rules shall not take effect before sixty days after the notification date.

B. Existing pets that are in compliance with the mobile home park rules or regulations shall be exempt from any provision of new rules or regulations that would prohibit those pets provided those are not a nuisance violating the public peace, health or safety.

C. The mobile home park management shall not require existing residents to comply with changes in rules or regulations that require physical improvements to the existing resident's mobile home or lot unless the mobile home is in violation of a local municipal or county ordinance or the physical condition of the resident's mobile home or lot constitutes a public nuisance or threat to the public peace, health or safety.
N.M. Stat. § 13-7-23 — NM_STATUTES Code / Chapter 13 / Article 7 / Section 13-7-23
§ 13-7-23. Pharmacist prescriptive authority services; reimbursement parity
Status: in_force

A group health plan shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the group health plan reimburses, for the same service under that group health plan, any licensed physician or physician assistant licensed pursuant to the Medical Practice Act or any advanced practice certified nurse practitioner licensed pursuant to the Nursing Practice Act.
N.M. Stat. § 65-7-5 — NM Code / Chapter 65 / Article 7 / Section 65-7-5
§ 65-7-5. Fare collected for services
Status: in_force

On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method, including the applicable rates and any fees, and shall provide an estimated fare before the rider enters a personal vehicle for a prearranged ride.
N.M. Stat. § 6-12-5 — NM Code / Chapter 6 / Article 12 / Section 6-12-5
§ 6-12-5. Application of act
Status: in_force

The provisions of this act shall be applicable to the bonds, debentures or certificates of indebtedness which have been or may be authorized by the fifteenth legislature to be issued by the state of New Mexico, the New Mexico insane asylum [Las Vegas medical center], the 1941 compilation commission, the state office building commission of New Mexico, the New Mexico normal university [New Mexico highlands university] and other state institutions.
N.M. Stat. § 7-1-60 — NM Code / Chapter 7 / Article 1 / Section 7-1-60
§ 7-1-60. Estoppel against state
Status: in_force

In any proceeding pursuant to the provisions of the Tax Administration Act, the department shall be estopped from obtaining or withholding the relief requested if it is shown by the party adverse to the department that the party's action or inaction complained of was in accordance with any regulation effective during the time the asserted liability for tax arose or in accordance with any ruling addressed to the party personally and in writing by the secretary, unless the ruling had been rendered invalid or had been superseded by regulation or by another ruling similarly addressed at the time the asserted liability for tax arose.
N.M. Stat. § 3-29-1 — NM_STATUTES Code / Chapter 3 / Article 29 / Section 3-29-1
§ 3-29-1. Sanitary Projects Act; short title
Status: in_force

Chapter 3, Article 29 NMSA 1978 may be cited as the “Sanitary Projects Act”.
N.M. Stat. § 39-5-5 — NM Code / Chapter 39 / Article 5 / Section 39-5-5
§ 39-5-5. Limit on sale price of real estate
Status: in_force

No real property shall be sold on any execution issued out of any court in any case at law for less than two-thirds of the appraised cash value thereof, exclusive of liens and encumbrances.
N.M. Stat. § 16-1-4 — NM_STATUTES Code / Chapter 16 / Article 1 / Section 16-1-4
§ 16-1-4. Outdoor recreation plan
Status: in_force

The energy, minerals and natural resources department shall prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state and may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation and enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial or other records relating thereto and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable the officials and agencies to perform their duties under such programs.
N.M. Stat. § 24-15-1 — NM_STATUTES Code / Chapter 24 / Article 15 / Section 24-15-1
§ 24-15-1. Short title
Status: in_force

Chapter 24, Article 15 NMSA 1978 may be cited as the “Ski Safety Act”.
N.M. Stat. § 70-3-9 — NM Code / Chapter 70 / Article 3 / Section 70-3-9
§ 70-3-9. Pipeline highway use forms
Status: in_force

The state transportation commission shall cause to be prepared the necessary blank forms for carrying out the provisions of Sections 70-3-7 through 70-3-9 NMSA 1978 .
N.M. Stat. § 46-4-6 — NM Code / Chapter 46 / Article 4 / Section 46-4-6
§ 46-4-6. Funds to carry out trust
Status: in_force

No funds of the beneficiary except those derived from the trust may be applied to carrying out or furtherance of the trust by the trustees, except by express action of the legislative authority of the beneficiary first had.
N.M. Stat. § 77-9A-5 — NM Code / Chapter 77 / Article 9A / Section 77-9A-5
§ 77-9A-5. Unloading livestock for feed, rest and water; dumping carcasses; penalty
Status: in_force

A. All livestock that has been confined to a truck for a continuous period of twenty-four hours without feed, rest and water shall be unloaded at the nearest licensed cattle or sheep rest station or other facility providing feed and water for livestock. The livestock shall receive adequate feed and water and a minimum of five hours rest before reloading.

B. A livestock inspector or other peace officer may require a person moving livestock within the state by truck to unload the livestock for feed, rest and water when the logbook of the operator indicates the livestock has been confined for twenty-four hours. If a livestock inspector determines a truck moving livestock to be unsafe or overloaded or if the conditions for the livestock are determined to be unsafe, the livestock inspector shall have the authority to remedy the situation.

C. All expenses incurred in compliance with this section are the responsibility of the livestock owner or his agent.

D. A person shall not dispose of carcasses along the public streets, roads or highways of this state. A person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 .
N.M. Stat. § 48-3-14 — NM Code / Chapter 48 / Article 3 / Section 48-3-14
§ 48-3-14. Advertisement and sale of property
Status: in_force

If default be made in the payment of the debt, after such notice, it shall be lawful for the lien claimant or creditor, as provided in this article ( 48-3-1 to 48-3-15 NMSA 1978 ), to advertise and sell such property at public auction to the highest bidder for cash after giving at least twenty days' notice of such sale by:

A. at least six handbills posted up in public places in the county in which such sale is to be made; or

B. by publishing once each week for two successive weeks in some newspaper of general circulation in the county; such notices of sale shall set forth the time and place of sale and a description of the property to be sold, and the amount of indebtedness claimed under such lien.
N.M. Stat. § 8-6-7 — NM Code / Chapter 8 / Article 6 / Section 8-6-7
§ 8-6-7. Wrongful drawing or payment of warrant by secretary or treasurer; penalty
Status: in_force

A. If the secretary of finance and administration draws any warrant on the state treasurer when he knows or, with the use of available accounting information, should reasonably know there is an insufficient unexpended and unencumbered balance available for the purpose for which the warrant is drawn, he is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.

B. If the state treasurer pays any warrant when he knows or, with the use of available accounting information, should reasonably know there are insufficient funds available in the treasury for the purpose to pay the warrant, he is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.

C. A violation of this section is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
N.M. Stat. § 34-2-18 — NM Code / Chapter 34 / Article 2 / Section 34-2-18
§ 34-2-18. Working interdisciplinary network of guardianship stakeholders; duties
Status: in_force

The working interdisciplinary network of guardianship stakeholders shall:

A. identify strengths and weaknesses in New Mexico's system of adult guardianship and conservatorship;

B. identify the least restrictive decision-making options for alleged incapacitated persons and protected persons under guardianship and conservatorship;

C. review national standards on guardianship and conservatorship practices and recommend standards for implementation in New Mexico;

D. propose methods of training guardians and conservators in best practices or adopted standards;

E. recommend outreach, education and training as needed; and

F. serve as an ongoing problem-solving mechanism to enhance the quality of care and quality of life for adults who are or may soon be in the guardianship or conservatorship system.
N.M. Stat. § 12-10A-6 — NM_STATUTES Code / Chapter 12 / Article 10A / Section 12-10A-6
§ 12-10A-6. Special powers during a public health emergency
Status: in_force

A. In order to protect the health, safety and welfare of the people in the state during a public health emergency, the secretary of health, in coordination with the secretary of public safety and the director, may:

(1) utilize, secure or evacuate health care facilities for public use; and

(2) inspect, regulate or ration health care supplies as provided in Subsection B of this section.

B. If a public health emergency results in a statewide or regional shortage of health care supplies, the secretary of health may control, restrict and regulate the allocation, sale, dispensing or distribution of health care supplies.

C. The state medical investigator, after consultation with the secretary of health, the secretary of public safety, the director and the chair of the board of funeral services, may implement and enforce measures to provide for the safe disposal of human remains that may be reasonable and necessary to respond to a public health emergency. The measures may include special provisions for embalming, burial, cremation, interment, disinterment, transportation and disposal of human remains. To the extent possible, the religious, cultural, family and individual beliefs of a deceased person or of the family of a deceased person shall be considered when disposing of human remains.
N.M. Stat. § 61-6C-6 — NM Code / Chapter 61 / Article 6C / Section 61-6C-6
§ 61-6C-6. Physician assistant collaboration with licensed physicians; scope of practice; medical malpractice insurance
Status: in_force

A. A physician assistant may perform the acts and duties that are within the physician assistant's scope of practice in collaboration with a licensed physician, if the physician assistant has:

(1) completed three years of clinical practice as a physician assistant with the supervision of a licensed physician; and

(2) complied with rules adopted by the board establishing qualifications for when a physician assistant may engage in the practice of medicine in collaboration with a licensed physician.

B. A physician assistant practicing in collaboration with a licensed physician shall, at a minimum, maintain a policy of malpractice liability insurance that will qualify the physician assistant under the provisions of the Medical Malpractice Act.
N.M. Stat. § 73-7-42 — NM Code / Chapter 73 / Article 7 / Section 73-7-42
§ 73-7-42. Damages; how paid
Status: in_force

The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon such lands, for the construction of any drains or ditches proposed thereon. If the owner is unknown or there shall be a contest in regard to the ownership of the lands, or the owner will not receive payment, or there exists a mortgage or other lien against the same or the commissioners cannot for any other reason pay him, they may deposit the said damages with the clerk of the court, for the benefit of the owner, or parties interested, to be paid or distributed as the court shall direct and such payment shall have the same effect as the tender to and the acceptance of the damages awarded by the true owner of the land. This section shall not, however, prevent said commissioners, their agents, servants and employees going upon said lands to do any and all work found necessary prior to making their report thereof.
N.M. Stat. § 57-12-3.1 — NM Code / Chapter 57 / Article 12 / Section 57-12-3.1
§ 57-12-3.1. Unauthorized use of delivery container prohibited
Status: in_force

A. It shall be an unlawful practice within the meaning of the Unfair Practices Act for any person to:

(1) remove the owner's container from the owner's or a recipient's premises or parking area without the permission of the owner or recipient;

(2) possess or use the owner's container if it has been removed from the owner's or recipient's premises or parking area without the permission of the owner or recipient;

(3) alter, convert, destroy or tamper with the owner's container without permission of the owner or recipient; or

(4) sell the owner's container to or purchase the owner's container from someone other than the owner without the permission of the owner.

B. As used in this section:

(1) “bakery rack” means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products;

(2) “bakery tray” means a wire or plastic receptacle that holds bread, buns or other baked goods and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products;

(3) “container” means a bakery rack, bakery tray, dairy case, egg basket, poultry box, shopping cart or pallet;

(4) “dairy case” means a plastic receptacle that holds sixteen quarts or more of beverage and that is used by a dairy, distributor or retailer or its agent as a means to transport, store or carry dairy products;

(5) “pallet” means a wooden or plastic base that allows stacks of merchandise to be placed upon it and that provides a space and support beneath the stack for forklift handling;

(6) “parking area” means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment;

(7) “poultry box” means a permanent type of container that is used by a processor, distributor, retailer or food service establishment or an agent of one of those persons to transport, store or carry poultry;

(8) “recipient” means a person, firm, corporation or association that is authorized by the owner to use an owner's container; and

(9) “shopping cart” means a basket that is mounted on wheels, or a similar device, that is generally used in a retail establishment by a customer to transport goods of any kind.

C. No civil action shall be maintained pursuant to this section against any person who returns to its owner within sixty days after the effective date of this section a container that was unlawfully obtained.
N.M. Stat. § 60-7B-10 — NM Code / Chapter 60 / Article 7B / Section 60-7B-10
§ 60-7B-10. Minors in licensed premises; regulations
Status: in_force

A. Any person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person who permits a minor to enter and remain in any area of a licensed premises that is prohibited to the use of minors is guilty of a violation of the Liquor Control Act.

B. A minor shall not enter or attempt to enter any area of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, except as authorized by regulation or as necessitated by an emergency. A person who violates the provisions of this subsection is guilty of a petty misdemeanor and shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978 .

C. The director of the alcohol and gaming division of the regulation and licensing department shall adopt regulations classifying the types of licensed premises or areas of licensed premises where minors may be present. The director shall require that signs issued by the division be posted by licensees to inform the public, including minors, of the areas in licensed premises that are open to minors. The regulations may allow minors in those areas of licensed premises where:

(1) the consumption of alcoholic beverages is the primary activity, when a minor is accompanied by a parent, adult spouse or legal guardian;

(2) there is no consumption of alcoholic beverages; or

(3) the minor is at least eighteen years of age and licensed under the New Mexico Commercial Driver's License Act and is making a delivery of packaged alcoholic beverages to a holder of a dispenser's, retailer's, restaurant, club, small brewer, winegrower, craft distiller, manufacturer's or rectifier or any other license that allows for the purchase and delivery of alcoholic beverages.
N.M. Stat. § 15-3B-13 — NM_STATUTES Code / Chapter 15 / Article 3B / Section 15-3B-13
§ 15-3B-13. Parking facilities required for state buildings; standards
Status: in_force

A. A state building shall not be constructed or enlarged to a major degree without providing adequate parking facilities, as approved by the staff architect, for the use of the public officers and employees employed in the building and for the use of those members of the public reasonably expected to enter the building on public business.

B. The provisions of this section shall not apply to historic sites or state buildings in historical zones as designated by local government ordinance.
N.M. Stat. § 59A-58-10.1 — NM Code / Chapter 59A / Article 58 / Section 59A-58-10.1
§ 59A-58-10.1. Automatic renewal; notice
Status: in_force

A. A provider shall not include an automatic renewal provision within a service contract offered in this state unless the provider discloses the terms of the automatic renewal provision in a clear and conspicuous manner, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer and the consumer consents to the terms of the automatic renewal provision.

B. A provider shall provide notice to a holder specifying, in a clear and conspicuous manner, the procedure by which the holder may cancel the service contract, and such notice shall be provided at least thirty days before the last day on which the holder may give notice of the holder's intention not to renew the service contract but not sooner than sixty days before the last day on which the holder may give notice of the holder's intention not to renew.

C. The notice required by Subsection B of this section may be provided by United States mail, postage prepaid, or electronic mail if the consumer consents to receive notice via electronic mail at the inception of the service contract.
N.M. Stat. § 61-12A-9 — NM Code / Chapter 61 / Article 12A / Section 61-12A-9
§ 61-12A-9. Board; powers and duties
Status: in_force

A. The board shall:

(1) promulgate rules in accordance with the State Rules Act to carry out the provisions of the Occupational Therapy Act;

(2) use funds to meet the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act;

(3) adopt a code of ethics;

(4) enforce the provisions of the Occupational Therapy Act to protect the public by conducting hearings on charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act;

(5) establish and collect fees;

(6) provide for examination for and issuance, renewal and reinstatement of licenses;

(7) establish, impose, collect and remit fines for violations of the Occupational Therapy Act to the current school fund;

(8) appoint a registrar to keep records and minutes necessary to carry out the functions of the board; and

(9) obtain the legal assistance of the attorney general.

B. The board may:

(1) issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;

(2) hire or contract with an investigator to investigate complaints that have been filed with the board. The board shall set the compensation of the investigator to be paid from the funds of the board;

(3) inspect establishments; and

(4) designate hearing officers.