FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-38-25 — NM Code / Chapter 7 / Article 38 / Section 7-38-25
§ 7-38-25. County valuation protests boards; creation; duties; funding
Status: in_force

A. There is created in each county a “county valuation protests board”. Each board shall consist of three voting members. Three alternates shall also be appointed to serve as voting members in the absence of a voting member. Voting members and alternates shall be appointed as follows:

(1) one member and one alternate shall be a qualified elector of the county and shall be appointed by the board of county commissioners for a term of two years;

(2) one member and one alternate shall be a qualified elector of the county, shall have demonstrated experience in the field of valuation of property and shall be appointed by the board of county commissioners for a term of two years; and

(3) one member and one alternate shall be a property appraisal officer employed by the department, assigned by the director and shall be the chairman of the board.

B. Members of the board and alternates appointed under Paragraph (1) or (2) of Subsection A of this section shall not hold any elective public office during the term of their appointment nor shall any such member or alternate be employed by the state, a political subdivision or a school district during the term of his appointment.

C. Vacancies occurring on the board shall be filled by the authority making the original appointment and shall be for the unexpired term of the vacated membership.

D. The county valuation protests board shall hear and decide protests of determinations made by county assessors and protested under Section 7-38-24 NMSA 1978 .

E. Members of the board and alternates when serving as voting members appointed under Paragraphs (1) and (2) of Subsection A of this section shall be paid as independent contractors at the rate of eighty dollars ($80.00) a day for each day of actual service. The payment of board members and alternates and all other actual and direct expenses incurred in connection with protest hearings shall be paid by the department.
N.M. Stat. § 38-1-5.1 — NM Code / Chapter 38 / Article 1 / Section 38-1-5.1
§ 38-1-5.1. Service of process on limited liability companies; death or removal of registered agent
Status: in_force

A. In case the agent of any limited liability company or foreign limited liability company registered to transact business in this state, designated by such company as the agent upon whom process against the company may be served, dies, resigns or leaves the state or the agent cannot with due diligence be found, it is lawful, while the circumstances continue, to serve process against the company upon the secretary of state, and the service shall be as effective to all intents and purposes as if made upon any manager of the company.

B. Within two days after service upon the secretary of state, the secretary shall notify the company of service of process by certified or registered mail directed to the company at its registered office and enclose a copy of the process or other paper served. It is the duty of the plaintiff in any action in which the process is issued to pay to the secretary of state the sum of twenty-five dollars ($25.00), which shall be taxed as part of the taxable costs in the suit if the plaintiff prevails therein.

C. The secretary of state shall keep a record of all summons that have been presented for service to the secretary of state along with a summary of all occurrences with regard to the service of summons. The address of a foreign limited liability company's registered agent, as set forth in its application for registration or most recent amendment thereto, shall constitute such company's registered office for purposes of this section.
N.M. Stat. § 62-12-5 — NM Code / Chapter 62 / Article 12 / Section 62-12-5
§ 62-12-5. Separate offenses
Status: in_force

Every violation of the provisions of this act or of any lawful order of the commission, or any part or portion thereof by any corporation or person is a separate and distinct offense, and in case of a continuing violation after a first conviction each day's continuance thereof shall be deemed to be a separate and distinct offense.
N.M. Stat. § 24-20-3 — NM Code / Chapter 24 / Article 20 / Section 24-20-3
§ 24-20-3. Brain injury advisory council; created; powers and duties
Status: in_force

A. The “brain injury advisory council” is created to advise the governor's commission on disability, the governor, the legislature and other state agencies.

B. The brain injury advisory council shall consist of no fewer than eighteen and no more than twenty-four members appointed by the governor and shall include survivors of brain injuries; family members of persons with brain injuries; and health care professionals and other representatives of private sector organizations and state agencies that provide services and support to persons with brain injuries.

C. Members shall be appointed for staggered terms of three years, so that the terms of one-third of the members shall expire in a given year.

D. Members shall elect annually a chair and vice chair. Staff and other administrative support shall be provided by the governor's commission on disability or other state agency as assigned by the governor. Members shall meet at the call of the chair.

E. Members who are not state employees may receive per diem and travel expenses as provided in the Per Diem and Mileage Act 1 for state employees. Reasonable accommodations shall be made available to permit full participation in council activities by its members, including personal assistance to members who are survivors of brain injuries and respite care for members who are family members of persons with brain injuries.

F. The brain injury advisory council shall:

(1) study and make recommendations to the governor's commission on disability, the governor, the legislature and other state agencies concerning case management, community support systems, long-term care, employment, emergency medical services, rehabilitation and prevention and the improvement and coordination of state activities relative to the concerns of persons with brain injuries and their families or other caregivers; and

(2) advise appropriate state agencies and private organizations on the development of services and supports that meet the needs of persons with brain injuries.
N.M. Stat. § 60-7A-22 — NM Code / Chapter 60 / Article 7A / Section 60-7A-22
§ 60-7A-22. Drinking in public establishments; selling or serving alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window
Status: in_force

A. It is a violation of the Liquor Control Act for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages.

B. It is a violation of the Liquor Control Act for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club.

C. It is a violation of the Liquor Control Act for any licensee to sell or deliver alcoholic beverages from a drive-up window.
N.M. Stat. § 7-12A-2 — NM_STATUTES Code / Chapter 7 / Article 12A / Section 7-12A-2
§ 7-12A-2. Definitions
Status: in_force

As used in the Tobacco Products Tax Act:

A. “ department ” means the taxation and revenue department, the secretary or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

B. “ cigar ” means a roll for smoking made wholly or in part of tobacco and weighing greater than four and one-half pounds per thousand;

C. “ distribute ” means to sell or to give;

D. “ closed system cartridge ” means a single-use, pre-filled disposable cartridge containing five milliliters or less of e-liquid for use in an e-cigarette;

E. “ e-cigarette ” means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substance the use or inhalation of which simulates smoking and includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor. “E-cigarette” does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act;

F. “ e-liquid ” means liquid or other substance intended for use in an e-cigarette, not including any substance containing cannabis or oil derived from cannabis;

G. “ engaging in business ” means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit;

H. “ first purchaser ” means a person engaging in business in New Mexico that manufactures tobacco products or that purchases or receives on consignment tobacco products from any person outside of New Mexico, which tobacco products are to be distributed in New Mexico in the ordinary course of business;

I. “ little cigar ” means a roll for smoking made wholly or in part of tobacco, using an integrated cellulose acetate or other similar filter, and weighing not more than four and one-half pounds per thousand;

J. “ person ” means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, limited liability company, limited liability partnership, other association or gas, water or electric utility owned or operated by a county or municipality or other entity of the state; “ person ” also means, to the extent permitted by law, a federal, state or other governmental unit or subdivision or an agency, department or instrumentality;

K. “ product value ” means the amount paid, net of any discounts taken and allowed, for tobacco products or, in the case of tobacco products received on consignment, the value of the tobacco products received or, in the case of tobacco products manufactured and sold in New Mexico, the proceeds from the sale by the manufacturer of the tobacco products; and

L. “ tobacco product ” means:

(1) any product, other than cigarettes, cigars and little cigars, made from or containing tobacco;

(2) e-liquid;

(3) e-cigarettes; and

(4) closed system cartridges.
N.M. Stat. § 3-48-3 — NM_STATUTES Code / Chapter 3 / Article 48 / Section 3-48-3
§ 3-48-3. Refuse; authority to collect and dispose; fee
Status: in_force

A. A municipality may, by ordinance, provide for the collection and disposal of refuse by:

(1) the municipality;

(2) contract; or

(3) any other manner deemed suitable by the municipality.

B. A municipality may appoint or contract with a refuse collector and prescribe the duties and compensation of a refuse collector.

C. A municipality may require each person owning or controlling real property to pay a reasonable fee for the collection and disposal of refuse and shall determine if the municipality or the refuse collector shall collect the fee for the collection and disposal of refuse. The refuse collection fee shall only be charged against real property that is occupied or has been previously occupied.

D. A municipality providing for the collection of refuse may require any person owning or controlling real property to pay the refuse collection fee whether or not the refuse collection service is used by the person owning or controlling real property.

E. A municipality providing for the collection and disposal of yard waste may require any person owning or controlling real property to pay a yard waste collection and disposal fee.
N.M. Stat. § 24-14A-2 — NM Code / Chapter 24 / Article 14A / Section 24-14A-2
§ 24-14A-2. Definitions
Status: in_force

As used in the Health Information System Act:

A. “ aggregate data ” means data that are obtained by combining like data elements in a manner that precludes specific identification of a single client;

B. “ data source ” or “ data provider ” means a person that possesses health information, including any public or private sector licensed health care practitioner, primary care clinic, ambulatory surgery center, ambulatory urgent care center, ambulatory dialysis unit, home health agency, long-term care facility, hospital, pharmacy, third-party payer and any public entity that has health information;

C. “ department ” means the department of health;

D. “ health information ” or “ health data ” means any data relating to health care; health status, including environmental, social and economic factors; the health system; or health costs and financing;

E. “ hospital ” means any general or special hospital licensed by the department, whether publicly or privately owned;

F. “ long-term care facility ” means any skilled nursing facility or nursing facility licensed by the department, whether publicly or privately owned;

G. “ record-level data ” means a medical record that contains unique and nonaggregated data elements that relate to a single identifiable individual; and

H. “ third-party payer ” means any public or private payer of health care services and includes health maintenance organizations and health insurers.
N.M. Stat. § 26-2C-17 — NM_STATUTES Code / Chapter 26 / Article 2C / Section 26-2C-17
§ 26-2C-17. Cannabis products; packaging and labeling; division rulemaking
Status: in_force

A. Cannabis or cannabis extract included in a cannabis product that is manufactured in compliance with applicable law is not considered to be an adulterant under state law.

B. The division shall promulgate rules consistent with industry standards for cannabis products that establish labeling and packaging requirements, including that:

(1) packages shall be resealable, child-resistant, compostable and recyclable or made from recycled materials;

(2) packages and labels shall not be designed to be appealing to a child; and

(3) labels shall include:

(a) for a package containing only cannabis leaf or flower, the net weight of cannabis in the package;

(b) identification of the licensee or licensees that produced or manufactured the cannabis product, the date on which the cannabis was harvested, the type of cannabis product and the date on which the cannabis product was manufactured and packaged;

(c) potency and pesticide use;

(d) a list of pharmacologically active ingredients;

(e) for cannabis products containing non-cannabis ingredients, a list of all ingredients and a disclosure of nutritional information for the product or cannabis extract disclosed in the same manner required under federal law for nutritional labeling for food for human consumption;

(f) a warning if nuts or other known allergens are used in the item or in its manufacture;

(g) a logo designed by the division that is distinctive in design, color, size and location such that the logo notifies a reasonable person that the package contains cannabis;

(h) a warning of possible adverse effects of consumption and the New Mexico poison and drug information center phone number;

(i) an expiration date; and

(j) other information as required by rules promulgated pursuant to the Cannabis Regulation Act.
N.M. Stat. § 13-1C-6 — NM Code / Chapter 13 / Article 1C / Section 13-1C-6
§ 13-1C-6. Existing vendor exclusion
Status: in_force

Services provided pursuant to and facilities covered by Section 22-14-27 NMSA 1978 are excluded from the State Use Act.
N.M. Stat. § 30-31B-16 — NM Code / Chapter 30 / Article 31B / Section 30-31B-16
§ 30-31B-16. Injunctions
Status: in_force

A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Drug Precursor Act.

B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
N.M. Stat. § 59A-34-43 — NM Code / Chapter 59A / Article 34 / Section 59A-34-43
§ 59A-34-43. Mutual member's share of assets on liquidation
Status: in_force

A. Upon any liquidation of a domestic mutual insurer its assets remaining after discharge of its indebtedness, policy obligations, repayment of contributed or borrowed surplus, if any, and expense of administration shall be distributed to currently existing persons who had been members of the insurer for at least one year and who were its members at any time within thirty-six (36) months next preceding the date such liquidation was authorized or ordered, or the date of the last termination of the insurer's certificate of authority in this state, whichever date is the earlier; except that if the superintendent believes that the insurer's management has caused or encouraged reduction of the number or changed the identity of members of the insurer in anticipation of liquidation he may enlarge the thirty-six (36) month qualification period as he may deem reasonable.

B. The insurer shall make a reasonable classification of its policies held by such members and a formula based upon such classification and premiums earned for determination of the distributive share of each member participating in the distribution of assets. The classification and formula shall be subject to the superintendent's approval.
N.M. Stat. § 21-2-2 — NM Code / Chapter 21 / Article 2 / Section 21-2-2
§ 21-2-2. Definitions
Status: in_force

As used in the Post-Secondary Educational Planning Act:

A. “post-secondary education”:

(1) means education, training or retraining for persons sixteen years of age or older who have graduated from secondary school or left elementary or secondary school without graduating from secondary school, which is designed to provide for such persons:

(a) adult basic education;

(b) high school equivalency education;

(c) prevocational education;

(d) vocational education;

(e) technical education;

(f) general academic education;

(g) undergraduate academic education leading to associate's and bachelor's degrees;

(h) graduate academic education leading to master's and doctor's degrees;

(i) undergraduate and graduate professional education leading to professional degrees;

(j) continuing education; or

(k) some combination of the above; and

(2) includes public, private, nonprofit and proprietary educational institutions and programs of the following types, among others:

(a) technical and vocational institutes;

(b) junior colleges;

(c) branch community colleges;

(d) colleges and universities;

(e) post-secondary military institutes;

(f) post-secondary vocational schools;

(g) adult vocational and prevocational manpower and training programs;

(h) programs designed to identify persons who can benefit from post-secondary education and to assist them in enrolling in appropriate programs; and

(i) programs providing guidance, counselling and placement services for persons in connection with their participation in post-secondary education; and

B. “state commission” means the state commission on post-secondary education.
N.M. Stat. § 47-10-16 — NM Code / Chapter 47 / Article 10 / Section 47-10-16
§ 47-10-16. New developments and parks; rental of sites to dealers authorized
Status: in_force

A. The management of a new mobile park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile home or manufactured home from a particular seller or from any one of a particular group of sellers.

B. A licensed mobile home dealer or a manufactured home dealer may, by contract with the management of a new mobile home park or manufactured housing community development, be granted the exclusive right to first-time rental of one or more mobile home sites or manufactured home sites.
N.M. Stat. § 3-57-4 — NM Code / Chapter 3 / Article 57 / Section 3-57-4
§ 3-57-4. Methods of annexation
Status: in_force

There shall be two methods of annexing territory to a municipality within class A counties:

A. by petition to a municipality as provided by Section 3-57-5 NMSA 1978 or, if the municipality has over two hundred thousand persons, as provided by Section 3-7-17.1 NMSA 1978; and

B. by petition to the district court as provided by Sections 3-57-6 through 3-57-8 NMSA 1978 .

Any other method provided by the Municipal Code or any other act shall have no application within class A counties.
N.M. Stat. § 72-12A-7 — NM Code / Chapter 72 / Article 12A / Section 72-12A-7
§ 72-12A-7. Application for permit; plan of replacement; approval
Status: in_force

A. Any person desiring to engage in mine dewatering in a declared underground basin shall apply to the state engineer for a permit on forms prescribed by him.

B. The state engineer shall require notice of the application and shall thereafter proceed to consider the application in accordance with existing administrative law and procedure governing the appropriation of ground water.

C. The state engineer shall, if he finds that the mine dewatering would not impair existing water rights, grant the application and issue a mine dewatering permit.

D. If the state engineer finds that the mine dewatering would impair existing water rights, he shall notify the applicant of the impaired right or rights. The applicant may appeal such determination or proceed to file a plan of replacement. If appeal results in a judicial determination of impairment, the applicant may thereafter proceed to file a plan of replacement.

E. The applicant may submit a plan of replacement to the state engineer upon application for a mine dewatering permit or at any time thereafter.

F. Upon submission of a plan of replacement, the state engineer shall require notice of the plan and shall thereafter proceed to consider the application in accordance with existing administrative law and procedure governing the appropriation of ground water. If the state engineer finds that the plan of replacement prevents impairment of affected water rights, he shall grant the application and issue a mine dewatering permit contingent upon implementation and maintenance of the plan of replacement provided that implementation and maintenance of the plan of replacement to provide a substitute water supply to the owner of land not subject to condemnation pursuant to Section 12 of the Mine Dewatering Act shall be required only insofar as permitted by the owner.

G. The approval of the plan of replacement may authorize the use of water produced by mine dewatering as a substitute water supply and, if so authorized, the applicant shall possess a water right in the amount and for the use specified. No additional permit shall be required for such use.

H. In the event the applicant fails to submit a plan of replacement after notification of impairment or if the state engineer finds that the plan of replacement does not provide protection against impairment of existing water rights, he shall deny the application without prejudicing the rights of the applicant to amend or supplement the plan of replacement.

I. The filing for or issuance of a mine dewatering permit shall not preclude the filing for or issuance of a permit to appropriate water.
N.M. Stat. § 44-8-6 — NM Code / Chapter 44 / Article 8 / Section 44-8-6
§ 44-8-6. Qualifications for receivers
Status: in_force

A receiver shall meet the following qualifications:

A. the person must be at least eighteen years of age or a corporation or other business entity in good standing authorized to do business in New Mexico;

B. the person must not be otherwise disqualified under applicable state or federal law to administer the receivership estate;

C. before entering on his duties as receiver, the receiver shall sign and file a consent to act as receiver; and

D. upon request and a showing of good cause by an interested party, the district court may require the receiver to post a bond unless the mortgage, security agreement, contract or other written agreement dispenses with the posting of bond. The amount of the bond shall be as ordered by the court.