FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 12-8-8 — NM Code / Chapter 12 / Article 8 / Section 12-8-8
§ 12-8-8. Judicial review by declaratory judgment; granting relief not otherwise provided for
Status: in_force

A. Unless otherwise provided by law, the validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of Santa Fe county, if the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the interests, rights or privileges of the plaintiff. Any representative association, including but not limited to trade associations, labor unions or professional organizations, may file the action if one or more of its members could qualify as a plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

B. The district court of Santa Fe county may enter orders after reasonable notice and hearing upon any matter not otherwise provided for in the Administrative Procedures Act, including but not limited to procedural or substantive matters of law or equity. This right may be utilized at any stage of a proceeding, and failure to utilize the right until final decision, action or order shall not be deemed a waiver thereof. If such questions are raised upon review or appeal in the court of appeals, the court of appeals may enter any orders which could have been entered by the district court.
N.M. Stat. § 38-9-7 — NM Code / Chapter 38 / Article 9 / Section 38-9-7
§ 38-9-7. Coordination of interpreter requests
Status: in_force

A. Whenever an appointing authority receives a valid request for the services of an interpreter, the appointing authority shall request the commission for deaf and hard-of-hearing persons to furnish a list of interpreters.

B. The New Mexico association of the deaf and the New Mexico registry of interpreters for the deaf are authorized to assist the commission to prepare and continually update a listing of available interpreters. When requested by an appointing authority to provide assistance in providing an interpreter, the commission shall supply a list of available interpreters.

C. An interpreter who has been appointed shall be reimbursed by the appointing authority at a fixed rate reflecting a current approved fee schedule as established by the commission and the administrative office of the courts. Nothing in this section shall be construed to prevent any state department, board, institution, commission, agency or licensing authority or any political subdivision of the state from employing an interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate.
N.M. Stat. § 24-1H-2 — NM_STATUTES Code / Chapter 24 / Article 1H / Section 24-1H-2
§ 24-1H-2. Definitions
Status: in_force

As used in the Bernalillo County Off-Reservation Native American Health Commission Act:

A. “ commission ” means the off-reservation Native American health commission;

B. “ department ” means the department of health;

C. “ New Mexico tribe ” means an Indian nation, tribe or pueblo located within New Mexico;

D. “ off-reservation Native American ” means a member of a federally recognized tribe or an Alaskan native who lives in an off-reservation urban area and is a resident;

E. “ off-reservation nonprofit organization ” means a corporate nonprofit entity that provides research, advocacy or health care services for the purpose of improving health care services or the overall health of Native Americans who are not living on reservations or pueblos;

F. “ off-reservation urban area ” means an area of land that is within Bernalillo county but not under the jurisdiction of a New Mexico tribe;

G. “ resident ” means a person who lives in and is domiciled in New Mexico; and

H. “ secretary ” means the secretary of health.
N.M. Stat. § 11-20-2 — NM Code / Chapter 11 / Article 20 / Section 11-20-2
§ 11-20-2. Membership
Status: in_force

A. The governor is authorized to participate in the Interstate Mining Compact as a member of the Interstate Mining Compact commission.

B. The governor may designate the secretary of energy, minerals and natural resources or the director of the mining and minerals division of the energy, minerals and natural resources department as the governor's alternate to the Interstate Mining Compact commission.
N.M. Stat. § 59A-19-5 — NM Code / Chapter 59A / Article 19 / Section 59A-19-5
§ 59A-19-5. Superintendent may allow lower reading ease score
Status: in_force

The superintendent may, in his sole discretion, authorize use of a policy form having a lower score than the Flesch reading ease score required in Paragraph A(1) of Section 362 of this article if he finds that a lower score:

A. will provide a more accurate reflection of the readability of a policy form;

B. is warranted by the nature of a particular policy form or type or class of policy forms; or

C. is caused by certain policy language which is drafted to conform to requirements of any state law, regulation or agency interpretation.
N.M. Stat. § 73-10-33 — NM Code / Chapter 73 / Article 10 / Section 73-10-33
§ 73-10-33. Petition for including land to be recorded in minutes of board; evidential value
Status: in_force

Upon the filing of the copies of the order and the plat, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.
N.M. Stat. § 59A-62-4 — NM Code / Chapter 59A / Article 62 / Section 59A-62-4
§ 59A-62-4. Registry of authorized locations
Status: in_force

A. Before offering self-service storage insurance at a location, a self-service storage insurance producer shall provide the superintendent with a complete list of each location where the self-service storage insurance producer will offer self-service storage insurance. The supervising entity shall maintain a registry of each location at which a self-service storage insurance producer is authorized to sell, solicit or offer self-service storage insurance in this state.

B. The registry shall be made available for inspection by the superintendent upon reasonable request.

C. A self-service storage insurance producer shall notify the superintendent within thirty days after:

(1) engaging in the sale or solicitation of self-service storage insurance at any additional location in the state; or

(2) ceasing to sell, solicit or offer self-service storage insurance.
N.M. Stat. § 57-30-2.1 — NM Code / Chapter 57 / Article 30 / Section 57-30-2.1
§ 57-30-2.1. Issuance of registration; period of registration
Status: in_force

The department is authorized to issue registrations to secondhand metal dealers that buy or sell regulated material. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked.
N.M. Stat. § 22-3B-13 — NM_STATUTES Code / Chapter 22 / Article 3B / Section 22-3B-13
§ 22-3B-13. Public education commission district eight
Status: in_force

Public education commission district eight is composed of Chaves county precincts 1 through 18, 20 through 25, 31 through 36, 40 through 46, 51, 52, 61 through 64, 71 through 73, 81 through 85, 90 through 93 and 95; Colfax county; Curry county; De Baca county; Guadalupe county; Harding county; Lincoln county; Mora county; Quay county; Roosevelt county; San Miguel county; Taos county precincts 2 through 4, 7, 18, 21 and 26; and Union county.
N.M. Stat. § 76-10-2 — NM Code / Chapter 76 / Article 10 / Section 76-10-2
§ 76-10-2. Construction of act 1]
Status: in_force

This act shall be so interpreted and construed as not to be considered the taking of private property or the control of private property without due process of law; nor disturbing the owner in control or use of his land for lawful purposes; nor restricting his right to dispose thereof; but as a declaration by the legislature that its use for the purpose herein forbidden by rules and regulations promulgated hereunder, is prejudicial to the public interest and an economic loss to the state and an irreparable loss or injury to the producers of pure strains of seeds.
N.M. Stat. § 9-7-6.6 — NM Code / Chapter 9 / Article 7 / Section 9-7-6.6
§ 9-7-6.6. Gambling addiction data collection
Status: in_force

A. The department of health shall begin an ongoing process of gathering data on gambling addiction in New Mexico. The department shall establish standards to determine what constitutes a compulsive or problem gambler and collect data on the percent of the population who are active gamblers or compulsive gamblers and the number of gamblers who seek treatment.

B. The department of health shall adopt rules requiring that all suicide deaths or attempted suicides identified by law enforcement agencies or medical personnel be investigated to determine if the victim had gambling debts or compulsive gambling behaviors that may have been a factor in the cause of the suicide or the attempted suicide.

C. The department of health shall coordinate with the bankruptcy court in New Mexico to obtain data on compulsive gambling behavior or gambling debt that is found by the court to be a factor in all bankruptcies filed in New Mexico.

D. Beginning in fiscal year 2007, the department shall make reports at five-year intervals to an appropriate legislative interim committee no later than August on its findings regarding gambling addiction and the incidence of suicides and bankruptcies that involve gambling debt or compulsive gambling behavior in New Mexico. Two copies of the gambling report shall be filed with the legislative council service library every five years beginning in August 2007.
N.M. Stat. § 59A-15-14 — NM Code / Chapter 59A / Article 15 / Section 59A-15-14
§ 59A-15-14. Short title; Health Care Benefits Jurisdiction Act
Status: in_force

Sections 59A-15-14 through 59A-15-19 NMSA 1978 may be cited as the “Health Care Benefits Jurisdiction Act”.
N.M. Stat. § 3-48-7 — NM Code / Chapter 3 / Article 48 / Section 3-48-7
§ 3-48-7. Refuse; delinquent assessments; penalty; lien; foreclosure
Status: in_force

On or before October 1, of each year, the municipal clerk shall certify to the governing body a list containing any delinquent assessment with penalty added for nonpayment of the assessment at the rate of one percent per month of any assessment confirmed by resolution as provided in Section 3-48-6 NMSA 1978 , and describe the parcel of real estate to which the assessment is applicable. After the certified list is accepted by the governing body, the assessment shall be a lien, when processed, against the parcel of real estate and shall be processed as provided in Sections 3-36-1 to 3-36-5 NMSA 1978 . Any such lien shall be a lien superior to all other liens except general property taxes upon the property so charged and a personal liability of the owner of the property so charged.
N.M. Stat. § 24-17A-1 — NM Code / Chapter 24 / Article 17A / Section 24-17A-1
§ 24-17A-1. Short title
Status: in_force

This act may be cited as the “Long-term Care Services Act”.
N.M. Stat. § 59A-47-30 — NM Code / Chapter 59A / Article 47 / Section 59A-47-30
§ 59A-47-30. Licensed insurance producers required; qualifications, licensing procedures and conditions
Status: in_force

A. Solicitation of subscriberships for a health care plan shall be made only by insurance producers of the plan who are duly qualified, appointed and licensed as such under the Insurance Code. This provision shall not apply to salaried officers or employees of health care plans who are visiting or instructing their licensed insurance producers and who do not receive any part of the commission for any business written by such insurance producers with their assistance.

B. No person shall be appointed or licensed as a health care plan insurance producer unless qualified as follows:

(1) is an individual at least eighteen years of age;

(2) has had, or will receive, reasonable experience or instruction in the health care plan for which license is applied;

(3) is trustworthy and of good business reputation;

(4) intends to engage in a bona fide way in the business of the health care plan; and

(5) passes an examination for license given by or under authorization of the superintendent.

C. A health care plan insurance producer shall be appointed by and at any one time represent only one health care plan.

D. Subject to the other provisions of this section, procedures for appointment and licensing insurance producers, examination, issuance or denial of license, continuation or expiration, suspension, revocation or refusal to continue license and other applicable matters relating to licensing and licenses shall be as provided as to licenses of insurance producers as to health insurance under Chapter 59A, Article 11 NMSA 1978 . Fee for application for license and continuation of license shall be as specified in Section 59A-6-1 NMSA 1978 , and neither fee shall be refundable.
N.M. Stat. § 9-23-9 — NM Code / Chapter 9 / Article 23 / Section 9-23-9
§ 9-23-9. Divisions; general duties
Status: in_force

In addition to the duties assigned to each division of the department by the secretary:

A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the consumer and elder rights division shall administer the long-term care ombudsman program and provide health insurance and benefits counseling and legal services;

C. the aging network services division shall administer the federal Older Americans' Act programs;

D. the long-term care division shall administer home- and community-based long-term care programs; and

E. the adult protective services division shall provide adult protective services.
N.M. Stat. § 30-22-24 — NM Code / Chapter 30 / Article 22 / Section 30-22-24
§ 30-22-24. Battery upon peace officer
Status: in_force

A. Battery upon a peace officer is the unlawful, intentional touching or application of force to the person of a peace officer while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner.

B. Whoever commits battery upon a peace officer is guilty of a fourth degree felony.
N.M. Stat. § 73-18-25 — NM Code / Chapter 73 / Article 18 / Section 73-18-25
§ 73-18-25. Conservancy districts to which act applies
Status: in_force

Sections 73-18-25 through 73-18-43 NMSA 1978 apply to conservancy districts organized under the laws of New Mexico having a contract with the United States under the reclamation laws of the United States, as provided under Chapter 73, Article 18 NMSA 1978 , and having an area of land of all classes within the exterior boundaries of the district of more than one hundred thousand acres and less than one hundred forty-five thousand acres.
N.M. Stat. § 44-7A-25 — NM Code / Chapter 44 / Article 7A / Section 44-7A-25
§ 44-7A-25. Modification or correction of award
Status: in_force

(a) Upon motion made within ninety days after the movant receives notice of the award pursuant to Section 20 or within ninety days after the movant receives notice of a modified or corrected award pursuant to Section 21, the court shall modify or correct the award if:

(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) If a motion made under Subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
N.M. Stat. § 63-7-20 — NM Code / Chapter 63 / Article 7 / Section 63-7-20
§ 63-7-20. Utility inspection; fee
Status: in_force

A. Each utility doing business in this state that is subject to the control and jurisdiction of the commission by virtue of the provisions of Article 11 of the constitution of New Mexico with respect to its rates and service shall pay annually to the commission a fee in performance of its duties as now provided by law. The fee for utilities shall not exceed five hundred eleven thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the utility. In the case of utilities engaged in interstate business, the fees shall be measured by the gross receipts of the utilities from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business. As used in this section, “ utility ” includes telephone companies and transmission companies but does not include public utilities subject to the Public Utility Act.

B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month.

C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due.

D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.
N.M. Stat. § 3-29-15 — NM Code / Chapter 3 / Article 29 / Section 3-29-15
§ 3-29-15. Association constitutes a public body corporate
Status: in_force

Upon the filing of each certificate and copy thereof as provided in Section 3-29-17 NMSA 1978 , the persons so associating, their successors and those who may thereafter become members of the association constitute a public body corporate by the name set forth in the certificate and by such name may sue and be sued, have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal, accept grants and donations, borrow money, incur indebtedness, impose fees and assessments and do any other act or thing necessary or proper for carrying out the purposes of their organization.
N.M. Stat. § 24-14B-1 — NM Code / Chapter 24 / Article 14B / Section 24-14B-1
§ 24-14B-1. Short title
Status: in_force

This act may be cited as the “Electronic Medical Records Act”.
N.M. Stat. § 16-4-13 — NM_STATUTES Code / Chapter 16 / Article 4 / Section 16-4-13
§ 16-4-13. Management
Status: in_force

A. The provisions of the Rio Grande Valley State Park Act shall not take effect until the secretary has fully executed a management agreement with an operating party, and shall cease to be in effect if the management agreement is terminated. The management agreement shall include a map delineating the boundaries of the park. The park shall be established when the management agreement is signed by the secretary and the designated representative of the operating party. A provision of the management agreement shall require twelve months' written notice prior to any termination taking effect.

B. The operating party shall administer the Rio Grande Valley state park. The operating party shall develop, after public hearings, a management plan for approval by the secretary which is consistent with the provisions of the feasibility study previously prepared that satisfies the requirements of Subsection G of Section 16-2-11 NMSA 1978 , to realize the objectives of the Rio Grande Valley State Park Act. The plan shall be prepared in cooperation with the appropriate federal, state and local agencies and shall include among other things:

(1) consideration for cooperative management arrangements between state, federal, conservancy, flood control and municipal authorities;

(2) measures to control recreational use of the designated river to protect the river's natural values; and

(3) measures to minimize any adverse impact to the park caused by public transportation or other public improvement projects to be located in close proximity to the park.

C. The operating party may seek the assistance and aid of the game and fish department for resource and wildlife management within the Rio Grande Valley state park.
N.M. Stat. § 73-10-11 — NM Code / Chapter 73 / Article 10 / Section 73-10-11
§ 73-10-11. Office of directors; notice of election; judges; time and place
Status: in_force

The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this chapter, subsequent to the organization of the district, the secretary who shall be appointed by the board of directors shall cause notice specifying the polling places of each precinct to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notices, said board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and the place in the precinct where the election must be held.