FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 27-11-16 — NM_STATUTES Code / Chapter 27 / Article 11 / Section 27-11-16
§ 27-11-16. Credible allegation of fraud; judicial review; substantial evidence required
Status: in_force

A. A credible allegation of fraud determination by the department shall be deemed a final agency decision and may be appealed pursuant to Section 39-3-1.1 NMSA 1978 .

B. A medicaid provider or subcontractor that is the subject of a referral to the attorney general for further investigation based on a credible allegation of fraud may seek judicial review, pursuant to Section 39-3-1.1 NMSA 1978 , of the department's determination that the allegation of fraud is credible. The department shall show by substantial evidence that:

(1) it has followed its own procedures; and

(2) the evidence relied upon to make its credible allegation of fraud determination was relevant, credible and material to the issue of fraud.

C. In a proceeding for judicial review under this section, the reviewing court shall not consider evidence acquired by the department after making its credible allegation of fraud determination.
N.M. Stat. § 6-10-9 — NM Code / Chapter 6 / Article 10 / Section 6-10-9
§ 6-10-9. Boards of finance for institutions
Status: in_force

The boards in control of the various public and educational institutions in this state, and all other boards handling funds in any manner whatever, except local boards of education, are hereby designated as boards of finance for such institutions and boards respectively. Each of such boards shall receive, handle and account, as provided by law, for all public moneys received by it, and shall deposit the funds of such institutions or boards in a depository or depositories qualified in accordance with the requirements of this act, equitably and upon the terms and conditions and in like manner and subject to such limitations as in this act prescribed for the deposit of public moneys by other boards of finance.
N.M. Stat. § 58-31-18 — NM Code / Chapter 58 / Article 31 / Section 58-31-18
§ 58-31-18. Information not subject to inspection
Status: in_force

A. The following information obtained by the authority is not subject to inspection pursuant to the Inspection of Public Records Act:

(1) proprietary technical or business information, or information that is related to the possible relocation, expansion or operations of its aerospace customers, for which it is demonstrated, based on specific factual evidence, that disclosure of the information would cause substantial competitive harm to the aerospace customer;

(2) trade secrets, as defined in Subsection D of Section 57-3A-2 NMSA 1978; and

(3) information that would compromise the physical security or cybersecurity of authority facilities or an aerospace customer of the authority.

B. The presence in a record of information that need not be disclosed pursuant to Subsection A of this section does not exempt the record from disclosure.
N.M. Stat. § 40-1-14 — NM Code / Chapter 40 / Article 1 / Section 40-1-14
§ 40-1-14. Production of license and proof of legal qualifications
Status: in_force

Prior to a ceremony, all persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license. Nothing in Chapter 40, Article 1 NMSA 1978 shall excuse any person authorized by the laws of this state to solemnize the contract of marriage from being satisfied as to the legal qualifications of any parties desiring to be married, in addition to the authority conferred by the license.
N.M. Stat. § 58-24-23 — NM Code / Chapter 58 / Article 24 / Section 58-24-23
§ 58-24-23. Cumulative authority
Status: in_force

The foregoing sections of the Industrial and Agricultural Finance Authority Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing; provided that the issuance of bonds or notes under the provisions of the Industrial and Agricultural Finance Authority Act need not comply with the requirements of any other law applicable to the issuance of bonds or notes.
N.M. Stat. § 1-26-4 — NM_STATUTES Code / Chapter 1 / Article 26 / Section 1-26-4
§ 1-26-4. Judicial retention; appeals court judges
Status: in_force

A. Each eligible judge of the court of appeals shall be subject to retention or rejection at the general election in the last year of the eight-year term of office for the position in which the judge is serving.

B. Terms of office for positions on the court of appeals shall be staggered so that at least two terms of office shall expire each even-numbered year; provided that no more than three terms of office shall expire in the same year.

C. The administrative office of the courts shall maintain current on its website a list of the names of the currently serving judges of the court of appeals and the year in which the term of office for each position on the court of appeals expires.
N.M. Stat. § 4-33-6 — NM_STATUTES Code / Chapter 4 / Article 33 / Section 4-33-6
§ 4-33-6. Copies of certificate of election; publication; delivery
Status: in_force

Immediately upon canvassing the results of the election held pursuant to Chapter 4, Article 33 NMSA 1978 , the board of county commissioners shall cause a certified copy of its certificate of election to be published in a newspaper of general circulation in both counties and shall cause a copy to be delivered to the department of finance and administration, the taxation and revenue department and the county assessor of each county affected.
N.M. Stat. § 7-16B-7 — NM_STATUTES Code / Chapter 7 / Article 16B / Section 7-16B-7
§ 7-16B-7. Tax returns; payment of tax; alternative fuel user permit
Status: in_force

A. Alternative fuel users who elect to be subject to the provisions of Subsection D of Section 4 of the Alternative Fuel Tax Act shall pay the annual tax concurrent with vehicle registration.

B. The department shall issue an alternative fuel user permit in a form designed by the department valid for one year from the month of issuance to each alternative fuel user upon the filing of an application by the alternative fuel user acceptable to the department.

C. The department may revoke, after due notice and hearing, the alternative fuel user permit of any alternative fuel user found to be in violation of any provision of the Alternative Fuel Tax Act.
N.M. Stat. § 7-38-68 — NM Code / Chapter 7 / Article 38 / Section 7-38-68
§ 7-38-68. Installment agreements
Status: in_force

A. The division may enter into an installment agreement for the payment of all delinquent property taxes, penalties, interest and costs due with respect to either real property or a manufactured home with the owner of the real property or manufactured home whose taxes have become delinquent and whose account for all or part of the delinquent taxes has been transferred for collection to the division. Execution of an installment agreement under this section by a property owner is an irrevocable admission of liability for all taxes that are the subject of the agreement. The installment agreement shall be in writing and shall not extend for a period of more than thirty-six months. Interest shall accrue on the unpaid balance during the period of the installment agreement. The rate of interest shall be one percent a month, and no other interest on that portion of the principal representing unpaid taxes shall accrue while an installment agreement is in effect. The division shall not enter into an installment agreement with a property owner on or after the date of the initial sale of real property or manufactured home for delinquent taxes whether or not the real property or manufactured home is sold and a deed issued as a result of that sale. The division shall promulgate regulations establishing requirements for a minimum down payment and substantially equal monthly payments for installment agreements.

B. An installment agreement prevents any further action to collect the delinquent taxes stated in the agreement as long as the terms of the agreement are met.

C. The division may proceed under the Property Tax Code to collect the property taxes, penalties, interest and costs due and unpaid if:

(1) installment payments are not made on or before the dates specified in the agreement;

(2) the property owner fails to pay other property taxes when required; or

(3) any other condition contained in the agreement is not met.

D. For the purpose of computing the time when real property or a manufactured home may be sold for delinquent taxes, the date of original delinquency shall be used when the delinquent taxes have been the subject of an installment agreement that was subsequently breached by the property owner.

E. If an owner of real property or a manufactured home enters into an installment agreement and subsequently breaches the agreement under this section, the division shall not enter into another installment agreement with that property owner for the payment of the delinquent taxes that were the subject of the installment agreement.

F. Alphabetically indexed and serially numbered records of installment agreements must be kept in the office of the director and made available for public inspection.
N.M. Stat. § 48-3-8 — NM Code / Chapter 48 / Article 3 / Section 48-3-8
§ 48-3-8. Common carriers' liens
Status: in_force

Common carriers shall have a lien on the things carried for the freight due, if payment of freight was to have been made on delivery of the things carried, and all persons carrying goods for another for hire or pay shall be deemed common carriers within the provisions of this article.
N.M. Stat. § 69-9-2 — NM Code / Chapter 69 / Article 9 / Section 69-9-2
§ 69-9-2. Excluded lands and minerals
Status: in_force

No lands owned by the United States of America or the state of New Mexico or lying within the corporate limits of an incorporated village, city or town or held under patented or unpatented mining claim, and no allotted or tribal Indian lands shall be subject to the provisions of this act. Neither shall this act be applicable to or affect rights to produce, mine or remove from the land oil, gas, coal or other hydrocarbons, or other materials mined primarily for their nonmetallic constituents such as potassium, phosphate, sodium or salt.
N.M. Stat. § 66-3-3.1 — NM Code / Chapter 66 / Article 3 / Section 66-3-3.1
§ 66-3-3.1. Tax identification permit
Status: in_force

The department shall implement a system for identifying motor carriers subject to the weight distance tax and special fuel user permit requirements, including an identifying number for each motor carrier covered by the system. Annually, the department shall issue one or more original tax identification permits sufficient for the number of vehicles specified by each motor carrier who applies for a tax identification permit; provided that the motor carrier continues to be subject to and in compliance with the weight distance tax and special fuel user permit requirements. The tax identification permit shall contain the department's identifying number for the motor carrier and other information that the department deems necessary. A tax identification permit shall be issued within fourteen days of the date on the form of payment for the permit, including cashier's checks and money orders, submitted with the application for the permit.
N.M. Stat. § 73-16-18 — NM Code / Chapter 73 / Article 16 / Section 73-16-18
§ 73-16-18. Division of assessment
Status: in_force

When any property has been divided, sold or transferred, the county treasurer may receive district assessments on a part of any tract, piece or parcel of land or other property, and give his receipt accordingly only when the deed or transfer of said property shows the agreed division of said assessments and the approval of the board of the district.
N.M. Stat. § 7-19D-7 — NM_STATUTES Code / Chapter 7 / Article 19D / Section 7-19D-7
§ 7-19D-7. Collection by department
Status: in_force

The department shall collect each tax imposed pursuant to the provisions of the Municipal Local Option Gross Receipts and Compensating Taxes Act in the same manner and at the same time it collects the state gross receipts and compensating taxes.
N.M. Stat. § 1-20-22 — NM Code / Chapter 1 / Article 20 / Section 1-20-22
§ 1-20-22. Violation of Election Code; general penalty
Status: in_force

If the Election Code does not impose a specific penalty for the violation of a provision prohibiting a specific act, whoever knowingly commits such violation is guilty of a petty misdemeanor.
N.M. Stat. § 19-10-30 — NM_STATUTES Code / Chapter 19 / Article 10 / Section 19-10-30
§ 19-10-30. Rules and regulations authorized
Status: in_force

The commissioner of public lands shall be, and he hereby is, authorized and empowered to adopt such uniform and reasonable rules and regulations and to prepare such uniform forms of leases as he may deem necessary to carry into effect the terms and provisions of this act and not inconsistent herewith.
N.M. Stat. § 74-9-27 — NM Code / Chapter 74 / Article 9 / Section 74-9-27
§ 74-9-27. Hearing provisions for nonadjudicatory actions
Status: in_force

A. The board shall adopt procedural regulations to govern the procedures to be followed in hearings on nonadjudicatory actions of the board. As a minimum, the procedural regulations shall provide:

(1) for hearings to be public and scheduled at times that allow greater public participation;

(2) requirements for prior notice of the hearing and the methods for giving that notice, which shall be designed to inform interested and affected persons of the nature of the action to be considered and the date, time and place of the hearing;

(3) for maintenance of a list of persons that desire to have notice of the hearings and provisions for giving notice to those persons;

(4) a reasonable opportunity for all persons desiring to be heard on the action under consideration to be heard without making the hearing process unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition;

(5) for the board to designate a hearing officer to conduct a hearing and make a report and recommendation to the board;

(6) for the maintenance of a record of the hearing proceedings and assessment of the costs of any transcription of testimony that is required for review purposes; and

(7) for the place of the hearing to be in Santa Fe, and at other places the board may prescribe, for hearings on actions of general statewide application and for hearings on actions of limited local application to be held at a place in the area affected.

B. Actions taken by the board following a hearing on nonadjudicatory actions shall be:

(1) written and shall state the reasons for the action;

(2) made public when taken;

(3) communicated to all persons that have made a written request for notification of the action taken; and

(4) taken within not more than sixty days after the closing of the hearing or the date of submission of a report by a hearing officer.
N.M. Stat. § 53-8-34 — NM Code / Chapter 53 / Article 8 / Section 53-8-34
§ 53-8-34. Organization meetings
Status: in_force

A. An organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without New Mexico, at the call of a majority of the incorporators, for the purpose of adopting bylaws, electing officers and the transaction of such other business as may come before the meeting. The incorporators calling the meeting shall give at least three days' notice thereof by mail to each director so named. The notice shall state the time and place of the meeting. The notice shall be deemed to be delivered when deposited in the United States mail addressed to the director at his address as it appears on the records of the corporation, with postage thereon prepaid.

B. A first meeting of the members may be held at the call of the directors, or a majority of them, upon at least three days' notice, for the purposes stated in the notice of the meeting.
N.M. Stat. § 5-16-1 — NM Code / Chapter 5 / Article 16 / Section 5-16-1
§ 5-16-1. Short title
Status: in_force

Sections 1 through 13 of this act may be cited as the “Regional Spaceport District Act”.
N.M. Stat. § 24-28-2 — NM Code / Chapter 24 / Article 28 / Section 24-28-2
§ 24-28-2. Public education
Status: in_force

A. The department of health shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program and regarding organ donations. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, fully disclose the risks involved in donating bone marrow and address the education and recruitment of minority populations.

B. The information and educational materials shall include information on:

(1) the need for bone marrow donations;

(2) patient populations that would benefit from bone marrow donations;

(3) how to join the bone marrow registry; and

(4) how to acquire a free buccal swab kit from the bone marrow registry.

C. The department shall establish a system to distribute information and educational materials regarding organ donations and ensure that the materials are updated periodically, fully disclose the risks of donating an organ and address the education and recruitment of minority populations.
N.M. Stat. § 72-20-66 — NM Code / Chapter 72 / Article 20 / Section 72-20-66
§ 72-20-66. Facsimile seal
Status: in_force

The secretary may cause the seal of the authority to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
N.M. Stat. § 59A-50-12 — NM Code / Chapter 59A / Article 50 / Section 59A-50-12
§ 59A-50-12. Service of process; superintendent appointed attorney
Status: in_force

A. Every authorized motor club shall file with the superintendent its appointment of the superintendent in writing, on form as prescribed and furnished by the superintendent, as its true and lawful attorney, upon whom all lawful process in any action or proceeding against the motor club may be served. In the power of attorney the motor club shall stipulate and agree that all such process served upon the superintendent, or, in his absence, upon any employee in apparent charge of his office, shall be of the same legal force and validity as if served on the motor club itself, and that the authority shall continue in force so long as any liability or obligation remains outstanding in this state against the motor club by reason of its operations under this article.

B. Whenever such process is served upon the superintendent three (3) copies thereof shall be furnished. The superintendent shall forthwith forward by certified mail (return receipt requested) one copy of the process to the motor club and one copy to its resident manager or other similar official, if any, in this state, directed to the address of the motor club, manager or official at address thereof last of record with the superintendent. The server of the process shall at time of such service pay to the superintendent the service of process fee in amount specified in Section 101 (fee schedule) of the Insurance Code, 1 taxable as costs in the action or proceeding.

C. Process so served upon the superintendent and copies mailed as hereinabove required shall constitute effective service of such process upon the motor club.
N.M. Stat. § 24-5-3 — NM_STATUTES Code / Chapter 24 / Article 5 / Section 24-5-3
§ 24-5-3. Exemption from immunization
Status: in_force

A. Any minor child through the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:

(1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child;

(2) an affidavit or written affirmation from an officer of a recognized religious denomination that the child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

(3) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

B. Upon filing and approval of such certificate, affidavit or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavit or affirmation.
N.M. Stat. § 60-2C-1 — NM Code / Chapter 60 / Article 2C / Section 60-2C-1
§ 60-2C-1. Short title
Status: in_force

Chapter 60, Article 2C NMSA 1978 may be cited as the “Fireworks Licensing and Safety Act”.
N.M. Stat. § 40-13-3 — NM Code / Chapter 40 / Article 13 / Section 40-13-3
§ 40-13-3. Petition for order of protection; contents; standard forms
Status: in_force

A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection.

B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.

C. The petition shall state whether any other domestic action is pending between the petitioner and the respondent.

D. If any other domestic action is pending between the petitioner and the respondent, the parties shall not be compelled to mediate any aspect of the case arising from the Family Violence Protection Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards.

E. An action brought under the Family Violence Protection Act is independent of any proceeding for annulment, separation or divorce between the parties.

F. Remedies granted pursuant to the Family Violence Protection Act are in addition to and shall not limit other civil or criminal remedies available to the parties.

G. Standard simplified petition forms with instructions for completion shall be available to all parties. Law enforcement agencies shall keep such forms and make them available upon request to alleged victims of domestic abuse.
N.M. Stat. § 19-4-42 — NM Code / Chapter 19 / Article 4 / Section 19-4-42
§ 19-4-42. Disposition of proceeds
Status: in_force

All expenses of sale shall first be deducted from the proceeds and the surplus, if any, shall be paid over by the said probate judge and the commissioner to the county treasurer for the benefit and to the use of the school district where such townsite is situated.
N.M. Stat. § 6-20-1 — NM Code / Chapter 6 / Article 20 / Section 6-20-1
§ 6-20-1. Short title
Status: in_force

Sections 1 through 12 of this act may be cited as the “Private Activity Bond Act”.