FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 16-3-8 — NM_STATUTES Code / Chapter 16 / Article 3 / Section 16-3-8
§ 16-3-8. Additional means of enforcement
Status: in_force

As an additional means of enforcing the provisions of the State Trails System Act and rules and regulations adopted by the secretary pursuant to that act, the secretary may seek injunctive relief, in the district court of the county where the violation occurs, against any violation or threatened violation of the act or any rules and regulations adopted pursuant thereto, and such relief shall be subject to the continuing jurisdiction and supervision of the district court and the court's powers of contempt. Any party aggrieved by any final judgment of the district court under this section may appeal to the court of appeals as in other civil actions.
N.M. Stat. § 61-2-13 — NM Code / Chapter 61 / Article 2 / Section 61-2-13
§ 61-2-13. Refusal, suspension or revocation of license
Status: in_force

The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act, for any of the following reasons:

A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;

B. malpractice or incompetence;

C. continued practice by a person knowingly having an infectious or contagious disease;

D. advertising by means of knowingly false, misleading or deceptive statements or advertising or attempting to practice under a name other than one's own;

E. habitual drunkenness or addiction to the use of habit-forming drugs;

F. aiding or abetting in the practice of optometry any person not duly licensed to practice optometry in this state;

G. lending, leasing or in any other manner placing his certificate of license at the disposal or in the service of any person not licensed to practice optometry in this state;

H. employing, procuring or inducing an unlicensed person to practice optometry in this state;

I. violating any of the provisions of the Optometry Act; or

J. committing any act defined as “unprofessional conduct” by regulation of the board filed in accordance with the State Rules Act. Without limiting the right of the board to determine what acts on the part of a licensee constitute unprofessional conduct, the following acts shall be deemed to be unprofessional conduct:

(1) any conduct of a character tending to deceive or defraud the public;

(2) the obtaining of a fee by fraud or misrepresentation;

(3) charging unusual, unreasonable or exorbitant fees;

(4) “splitting” or dividing a fee with any person;

(5) advertising professional superiority;

(6) advertising by any means, or granting, a discount for professional services, prosthetic devices, eyeglasses, lenses, frames or mountings whether sold separately or as part of the professional services; or

(7) using any type of “price advertising” which would tend to imply the furnishing of professional services without cost or at a reduced cost to the public.
N.M. Stat. § 24-30-4 — NM Code / Chapter 24 / Article 30 / Section 24-30-4
§ 24-30-4. Board of certification of community health workers; creation; membership; duties
Status: in_force

A. The “board of certification of community health workers” is created. The board is administratively attached to the department and shall meet at least once quarterly at the call of the chair.

B. The board shall consist of nine members who shall be:

(1) residents of the state;

(2) appointed by and serve at the pleasure of the secretary; and

(3) composed of:

(a) the secretary or the secretary's designee, who shall serve as chair of the board; and

(b) eight additional members, at least three of whom shall be community health workers.

C. In determining the membership of the board, the secretary shall endeavor to appoint community health worker stakeholders such as health care providers, individuals from institutions of higher learning and members of the community from various geographic regions of the state.

D. The secretary shall adopt and promulgate rules that establish the board's membership, duties and the conduct of meetings. At a minimum, the board's duties shall include making recommendations to the secretary on the following matters:

(1) standards and requirements for the establishment of community health worker education and training programs in the state, the successful completion of which shall qualify an individual as eligible to apply to the department for certification as a certified community health worker;

(2) standards and requirements for approval or acceptance of continuing education courses and programs as the board may require for the biennial renewal of a community health worker certificate;

(3) minimum education, training, experience and other qualifications that a certified community health worker shall possess to qualify as a trainer in any education, training or continuing education program for community health workers;

(4) a means to acknowledge, document and assess relevant education, training and experience or other qualifications acquired by community health workers practicing in the state before the effective date of the Community Health Workers Act for purposes of certification while waiving minimum training and experience requirements established pursuant to Paragraph (1) of Subsection A of Section 3 of the Community Health Workers Act; and

(5) the type of certification examination or other means to assess community health worker competency in connection with certification that the department shall require if the secretary determines that a certification examination would enhance the advancement of the practice and profession of community health workers.
N.M. Stat. § 40-10B-7 — NM Code / Chapter 40 / Article 10B / Section 40-10B-7
§ 40-10B-7. Temporary guardianship pending hearing
Status: in_force

A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until the case is decided on the merits, whichever occurs first.

B. A motion for temporary guardianship shall be heard within twenty days of the date the motion is filed. The motion and notice of hearing shall be served on all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978 .

C. An order pursuant to Subsection A of this section may be entered ex parte upon good cause shown. If the order is entered ex parte, a copy of the order shall be served on the persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978 . If a person files an objection to the order, the court immediately shall schedule a hearing to be held within ten days of the date the objection is filed. Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978 .
N.M. Stat. § 20-12-36 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-36
§ 20-12-36. Improper use of countersign
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished by death or other punishment as a court-martial may direct.
N.M. Stat. § 58-1B-1 — NM Code / Chapter 58 / Article 1B / Section 58-1B-1
§ 58-1B-1. Short title
Status: in_force

Sections 1 through 12 of this act 1 may be cited as the “Interstate Bank Acquisition Act”.
N.M. Stat. § 16-6-11 — NM Code / Chapter 16 / Article 6 / Section 16-6-11
§ 16-6-11. Corporate powers of fair commission
Status: in_force

The members of the New Mexico state fair commission and their successors in office, shall constitute a body corporate under the name and style of the “New Mexico State Fair” with the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure.
N.M. Stat. § 7-9-3.3 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-3.3
§ 7-9-3.3. Definition; engaging in business
Status: in_force

As used in the Gross Receipts and Compensating Tax Act, “ engaging in business ” means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit. For a person who lacks physical presence in this state, including a marketplace provider, “ engaging in business ” means having, in the previous calendar year, total taxable gross receipts from sales, leases and licenses of tangible personal property, sales of licenses and sales of services and licenses for use of real property sourced to this state pursuant to Section 7-1-14 NMSA 1978 , of at least one hundred thousand dollars ($100,000).
N.M. Stat. § 33-1-20 — NM Code / Chapter 33 / Article 1 / Section 33-1-20
§ 33-1-20. Transfers authorized
Status: in_force

Division transfers are specifically authorized for the administrative services division and the personnel and training division of the corrections department for purposes necessitated by the provisions of Sections 1 and 2 of this act. Such transfers shall not be restricted by the four-percent limitation on division transfers as set forth in Section 3 of Chapter 131 of Laws 1990 of the second regular session of the thirty-ninth legislature.
N.M. Stat. § 1-2-18 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-18
§ 1-2-18. Election board members; identification badges
Status: in_force

At all times on election day while performing their duties, members of the election board shall wear uniform identification badges. Such badges shall be furnished by the county clerk. The secretary of state shall prescribe the form and material of such identification badges, which shall include the identification of the election board member's name, title and political party.
N.M. Stat. § 3-59-3 — NM_STATUTES Code / Chapter 3 / Article 59 / Section 3-59-3
§ 3-59-3. Legislative intent
Status: in_force

It is the intent of the legislature by the passage of the Pollution Control Revenue Bond Act to authorize municipalities to acquire, own, lease or sell projects for the purpose of reducing, abating or preventing pollution, including, but not limited to, removing pollutants, contaminants or foreign substances from land, air or water, or removing or treating any substance in a processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and its habitat and wildlife, with the resultant higher level of employment and economic activity and stability. It is not intended hereby to authorize any municipality itself to operate any manufacturing, industrial or commercial enterprise. The provisions of the Pollution Control Revenue Bond Act shall be liberally construed in conformity with this intent.
N.M. Stat. § 40-10C-10 — NM Code / Chapter 40 / Article 10C / Section 40-10C-10
§ 40-10C-10. Duration of abduction prevention order
Status: in_force

An abduction prevention order remains in effect until the earliest of:

A. the time stated in the order;

B. the emancipation of the child;

C. the child's attaining eighteen years of age; or

D. the time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to Sections 40-10A-201 through 40-10A-203 NMSA 1978 .
N.M. Stat. § 10-16G-9 — NM Code / Chapter 10 / Article 16G / Section 10-16G-9
§ 10-16G-9. Commission jurisdiction; compliance provisions
Status: in_force

A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists' employers of:

(1) the Campaign Reporting Act;

(2) the Financial Disclosure Act;

(3) the Gift Act;

(4) the Lobbyist Regulation Act;

(5) the Voter Action Act;

(6) the Governmental Conduct Act;

(7) the Procurement Code;

(8) the State Ethics Commission Act;

(9) the Revised Uniform Law on Notarial Acts; and

(10) Article 9, Section 14 of the constitution of New Mexico .

B. All complaints filed with a public agency regarding the statutes listed in Subsection A of this section shall be forwarded to the commission.

C. The commission may choose to act on some or all aspects of a complaint and forward other aspects of a complaint to another state or federal agency with jurisdiction over the matter in accordance with Subsection E of this section.

D. If the commission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate jurisdiction within ten days of the decision. The complainant and respondent shall be notified in writing when the complainant's request has been forwarded to another agency unless otherwise provided pursuant to Subsection H of Section 10-16G-10 NMSA 1978 .

E. The commission may share jurisdiction with other public agencies having authority to act on a complaint or any aspect of a complaint. Such shared jurisdiction shall be formalized through an agreement entered into by all participating agencies involved with the complaint and the director. The commission may also investigate a complaint referred to the commission by the legislature, or a legislative committee, in accordance with an agreement entered into pursuant to policies of the New Mexico legislative council or rules of the house of representatives or senate.

F. The commission may file a court action to enforce the civil compliance provisions of an act listed in Subsection A of this section. The court action shall be filed in the district court in the county where the defendant resides.
N.M. Stat. § 59A-23A-1 — NM Code / Chapter 59A / Article 23A / Section 59A-23A-1
§ 59A-23A-1. Short title
Status: in_force

Chapter 59A, Article 23A NMSA 1978 may be cited as the “Long-Term Care Insurance Law”.
N.M. Stat. § 74-13-20 — NM Code / Chapter 74 / Article 13 / Section 74-13-20
§ 74-13-20. Rubberized asphalt fund created
Status: in_force

The “rubberized asphalt fund” is created in the state treasury. Money in the fund is appropriated to the department of transportation to pay additional expenses that might result from using rubberized asphalt paving mixes, to allocate at least fifty percent of the fund to local governments for that purpose and to carry out the provisions of the rubberized asphalt program, including hiring a term employee to administer the program. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of transportation or the secretary's designee. Any unexpended or unencumbered balance remaining in the rubberized asphalt fund at the end of a fiscal year shall not revert to the general fund.
N.M. Stat. § 44-7A-23 — NM Code / Chapter 44 / Article 7A / Section 44-7A-23
§ 44-7A-23. Confirmation of award
Status: in_force

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to Section 21 or 25 or is vacated pursuant to Section 24.
N.M. Stat. § 27-7A-6 — NM_STATUTES Code / Chapter 27 / Article 7A / Section 27-7A-6
§ 27-7A-6. Placement on registry and hearing process
Status: in_force

A. If the department or the adult protective services division of the aging and long-term services department determines that abuse, neglect or exploitation by an employee has occurred, the department making that determination shall notify the employee and the provider, in person or by certified mail, of the following:

(1) the nature of the determination of the abuse, neglect or exploitation;

(2) the date and time of the occurrence;

(3) the employee's right to a hearing;

(4) the department's intent to report the substantiated findings, once the employee has had the opportunity for a hearing, to the registry; and

(5) that the employee's failure to request a hearing in writing within thirty days from the date of the notice shall result in the department reporting substantiated findings to the registry and the provider.

B. If an employee requests a hearing, that hearing shall be conducted by an independent hearing officer of the department that made the determination of abuse, neglect or exploitation.

C. After expiration of the time period for requesting a hearing, or if a determination of abuse, neglect or exploitation is substantiated through the hearing process, the substantiated finding of abuse, neglect or exploitation shall be placed on the registry through a report of the appropriate department.

D. An employee aggrieved by the final decision following a hearing shall have the right to judicial review pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 60-13-46 — NM Code / Chapter 60 / Article 13 / Section 60-13-46
§ 60-13-46. Trade bureaus; annual permits
Status: in_force

A. In lieu of an individual permit for each installation, alteration or repair, an annual permit shall be issued, upon application, to any person, commercial or industrial plant or enterprise, governmental agency or political subdivision of the state that regularly employs one or more certified journeymen for installation, alteration, maintenance or repair on premises owned or occupied by the applicant for the permit.

B. The application for an annual permit shall be in writing to the appropriate trade bureau in whose jurisdiction the work is to be done.

C. Annual permit holders shall keep a record of all work done under the annual permit, and the appropriate trade bureau or its authorized employees shall have access to the record.

D. A reasonable fee established by the division shall be paid for each annual permit at the time of issuance. Inspection fees shall be collected at the time of each regular inspection of installations, alterations or repairs made under the annual permit. Fees received by a bureau under this subsection shall be remitted to the division.

E. Annual permits expire one year from their date of issuance.
N.M. Stat. § 9-21-7 — NM Code / Chapter 9 / Article 21 / Section 9-21-7
§ 9-21-7. Department; additional powers and duties
Status: in_force

A. The department is the coordinating agency for intergovernmental and interagency programs concerning tribal governments and the state.

B. The department shall:

(1) investigate, study, consider and act upon the entire subject of Indian conditions and relations within New Mexico, including problems of health, economy and education and the effect of local, state and federal legislative, executive and judicial actions. The department shall collaborate with other state departments or agencies that have an interest or stake in the subject being investigated, studied or considered. In performing its functions, the department shall provide an opportunity for the presentation and exchange of ideas in respect to Indian affairs of the state by all interested persons; and

(2) assist in setting the policy, and act as the clearinghouse, for all state programs affecting the Indian people of New Mexico.

C. The department may:

(1) hold hearings, conduct meetings, make investigations and confer with officials of local, state and federal agencies to secure cooperation between the local, state, federal and Indian tribal governments in the promotion of the welfare of the Indian people of New Mexico;

(2) contract with tribal governments, public agencies or private persons to provide services and facilities for promoting the welfare of the Indian people of New Mexico; and

(3) solicit and accept gifts, grants, donations, bequests and devises.
N.M. Stat. § 52-9-3 — NM Code / Chapter 52 / Article 9 / Section 52-9-3
§ 52-9-3. Definitions
Status: in_force

As used in the Employers Mutual Company Act:

A. “benefits” means any benefits to which a worker may be entitled under the provisions of the Workers' Compensation Act, the Subsequent Injury Act and the New Mexico Occupational Disease Disablement Law;

B. “board” means the board of directors of the employers mutual company created under the Employers Mutual Company Act;

C. “claim” means the assertion by or on behalf of a worker of a right to benefits;

D. “company” means the employers mutual company created and authorized under the Employers Mutual Company Act;

E. “director” or “member” means a member of the board;

F. “president” means the president of the employers mutual company; and

G. “worker” means an individual who is included in the definition of “worker” under Section 52-1-16 NMSA 1978 or “employee” under Section 52-3-3 NMSA 1978 .
N.M. Stat. § 22-34-4 — NM Code / Chapter 22 / Article 34 / Section 22-34-4
§ 22-34-4. Diabetes medical management plan
Status: in_force

A. The parent or guardian of each student with diabetes who seeks diabetes care while at school shall submit to the school a diabetes medical management plan.

B. Each school that receives a diabetes medical management plan shall review and implement the diabetes medical management plan.
N.M. Stat. § 22-4-12 — NM Code / Chapter 22 / Article 4 / Section 22-4-12
§ 22-4-12. Interim local school board; special election
Status: in_force

A. The interim local school board of a newly created or consolidated school district has all the powers and duties of a local school board. The interim local school board shall hold office only until the local school board is elected and qualified.

B. For the purpose of electing five members to the local school board of a newly created or consolidated school district, the interim local school board shall call a special school district election to be held not less than forty-five days nor more than ninety days from the date of the issuance of the order of the state board [department] appointing members to the interim local school board. If the date for a regular school district election occurs during this period, the interim local school board shall give notice of the regular school district election for the purpose of electing five members to the local school board of the newly created or consolidated school district instead of calling a special school district election.

C. The interim local school board shall appoint a superintendent of schools to perform the administrative and supervisory functions of the interim local school board and to also conduct the school district election. The term of office of the superintendent of schools appointed by the interim local school board shall coincide with the term of office of the interim local school board.