FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 10-16G-7 — NM Code / Chapter 10 / Article 16G / Section 10-16G-7
§ 10-16G-7. Recusal and disqualification of a commissioner
Status: in_force

A. A commissioner may recuse from a particular matter.

B. A commissioner shall recuse from any matter in which the commissioner is unable to make a fair and impartial decision or in which there is a reasonable doubt about whether the commissioner can make a fair and impartial decision, including:

(1) when the commissioner has a personal bias or prejudice concerning a party to the proceeding or has prejudged a disputed evidentiary fact involved in a proceeding prior to a hearing. For the purposes of this paragraph, “ personal bias or prejudice ” means a predisposition toward a person based on a previous or ongoing relationship that renders the commissioner unable to exercise the commissioner's functions impartially;

(2) when the commissioner has a pecuniary interest in the outcome of the matter; or

(3) when in previous employment the commissioner served as an attorney, adviser, consultant or witness in the matter in controversy.

C. A party to the proceeding may request the recusal of a commissioner and shall provide the commission with the grounds for the request. If the commissioner declines to recuse upon request of a party to the proceeding, the commissioner shall provide a full explanation in support of the refusal to recuse.

D. A party may appeal a commissioner's refusal to recuse, or if the propriety of a commissioner's participation in a particular matter is otherwise questioned, the issue shall be decided by a majority of the other commissioners present and voting.

E. A disqualified commissioner shall not participate in any proceedings with reference to the matter from which the commissioner is disqualified or recused, and the commissioner shall be excused from that portion of any meeting at which the matter is discussed.

F. Minutes of commission meetings shall record the name of any commissioner not voting on a matter by reason of disqualification or recusal.

G. If two or more commissioners have recused themselves or are disqualified from participating in a proceeding, the remaining commissioners shall appoint temporary commissioners to participate in that proceeding. Appointments of temporary commissioners shall be made by a majority vote of the remaining commissioners in accordance with the political affiliation and geographical representation requirements and the qualifications set forth in the State Ethics Commission Act.

H. The commission shall promulgate rules for the recusal and disqualification of commissioners, for an appeal of a recusal decision and for the appointment of temporary commissioners.
N.M. Stat. § 32A-3B-12 — NM Code / Chapter 32A / Article 3B / Section 32A-3B-12
§ 32A-3B-12. Adjudicatory hearing; time limitations
Status: in_force

A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent.

B. The children's court attorney shall represent the state at the adjudicatory hearing.

C. If the adjudicatory hearing is not commenced within the time limits specified in this section or within the period of any extension of those time limits, the petition shall be dismissed with prejudice.
N.M. Stat. § 59A-32-4 — NM Code / Chapter 59A / Article 32 / Section 59A-32-4
§ 59A-32-4. Assigned risk plan
Status: in_force

Every insurer referred to in Section 521 of this article shall cooperate in the formulation of a plan or plans for the equitable apportionment among such insurers of insurance afforded applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods.
N.M. Stat. § 6-13-3 — NM Code / Chapter 6 / Article 13 / Section 6-13-3
§ 6-13-3. General borrowing authority
Status: in_force

For the purpose of erecting, purchasing or otherwise acquiring, altering, improving, furnishing and equipping any necessary buildings or structures at any state institution, or acquiring any necessary land for use of the institution, or for retiring the whole or any part of any series of bonds previously issued by any state institution under the provisions of law, or for any of these purposes, the governing board of the state institution may borrow money in conformity with the terms of the Institution Bond Act.
N.M. Stat. § 77-2-30 — NM Code / Chapter 77 / Article 2 / Section 77-2-30
§ 77-2-30. Equine rescue or retirement facility; registration; board powers and duties; fees
Status: in_force

A. As used in this section, “ facility ” means an equine rescue or retirement facility, including a private reserve or private preserve, that advertises or solicits for equines and provides lifelong care or finds new owners for equines that are unwanted or have been neglected or abused or captured wild equines that cannot be returned to their range.

B. A facility shall not operate in New Mexico unless registered by the board.

C. The board shall:

(1) register facilities that meet the requirements of this section;

(2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards; and

(3) after consideration of recommendations by national organizations for the care of unwanted equines and equine rescue and retirement facilities, promulgate rules for facilities, including:

(a) health and sanitary requirements;

(b) standards for barns, paddocks, pastures and ranges;

(c) qualifications of the facility staff;

(d) provision of veterinary care;

(e) feeding and watering requirements;

(f) transportation;

(g) a process to issue a temporary capacity waiver to a facility for the purpose of transferring equines in the custody of the board to a facility; and

(h) other requirements necessary to ensure the humane care of equines.

D. The board may charge the following fees:

(1) an initial inspection and registration fee of not more than two hundred fifty dollars ($250);

(2) an annual inspection and registration fee of not more than one hundred dollars ($100); and

(3) reinspection fees of not more than one hundred dollars ($100).

E. Fees collected pursuant to this section shall be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of this section and Section 77-2-31 NMSA 1978 .
N.M. Stat. § 72-9-4 — NM Code / Chapter 72 / Article 9 / Section 72-9-4
§ 72-9-4. Federal reclamation projects unaffected
Status: in_force

Except as provided in Sections 15 and 22 [ 72-5-33 and 19-7-26 NMSA 1978 ] of this act nothing herein shall be construed as applying to or in any way affecting any federal reclamation project heretofore or hereafter constructed pursuant to the act of congress approved June 17, 1902, known as the Federal Reclamation Act, 1 or acts amendatory thereof or supplementary thereto.
N.M. Stat. § 7-30-4 — NM_STATUTES Code / Chapter 7 / Article 30 / Section 7-30-4
§ 7-30-4. Oil and gas conservation tax levied; collected by department; rate; interest owner's liability to state; Indian liability
Status: in_force

A. There is levied and shall be collected by the department a tax on all products that are severed and sold. The measure and rate of the tax shall be nineteen-hundredths percent of the taxable value of sold products. Every interest owner shall be liable for this tax to the extent of the owner's interest in the value of the products or to the extent of the owner's interest as may be measured by the value of the products. An Indian tribe, Indian pueblo or Indian shall be liable for this tax to the extent authorized or permitted by law.

B. When the average price of west Texas intermediate crude in the previous quarter exceeds seventy dollars ($70.00) per barrel, an additional tax to that provided pursuant to Subsection A of this section is levied and shall be collected by the department on oil that is severed and sold in the ensuing quarter. The measure and rate of the total tax on oil shall be twenty-four hundredths percent of the taxable value of the sold product. Every interest owner shall be liable for this tax to the extent of the owner's interest in the value of the products or to the extent of the owner's interest as may be measured by the value of the products. An Indian tribe, Indian pueblo or Indian shall be liable for this tax to the extent authorized or permitted by law.
N.M. Stat. § 27-2E-1 — NM_STATUTES Code / Chapter 27 / Article 2E / Section 27-2E-1
§ 27-2E-1. Average manufacturer price; filing; reporting
Status: in_force

A. A person who manufactures a prescription drug, including a generic prescription drug, that is sold in New Mexico shall file with the human services [health care authority] department:

(1) the average manufacturer price for the drug;

(2) the price that each wholesaler or pharmacy benefit manager doing business in this state pays the manufacturer to purchase the drug; and

(3) the price paid to the manufacturer by any entity in an arrangement or contract that sells or provides prescription drugs in New Mexico without the services of a wholesaler.

B. The information required under Subsection A of this section shall be filed annually or more frequently, as determined by the human services [health care authority] department. The information required under Subsection A of this section is confidential and shall not be disclosed pursuant to Section 3 of this act and shall not be subject to public inspection pursuant to the provisions of Section 14-2-1 NMSA 1978 .

C. A person who engages in the wholesale distribution of prescription drugs in New Mexico shall file with the human services [health care authority] department information showing the actual price at which the wholesaler or distributor sells a particular drug to a pharmacy.

D. As used in this section, “ average manufacturer price ” means the average price paid to the manufacturer for the drug in New Mexico, including rebates, discounts and market incentives, after deducting customary prompt-pay discounts.
N.M. Stat. § 12-6-11 — NM Code / Chapter 12 / Article 6 / Section 12-6-11
§ 12-6-11. Oaths; subpoenas
Status: in_force

A. Oaths may be administered by the state auditor when necessary for an audit or examination.

B. When necessary for an audit or examination, the state auditor may apply to the district court of Santa Fe county for issuance of a subpoena to compel the attendance of witnesses and the production of books and records. Process under this section shall be served by any sheriff or deputy or by any member of the New Mexico state police without cost. Witnesses not then employed by an agency who are subpoenaed to appear shall receive the same compensation as that provided for witnesses subpoenaed before the district court, paid by the state auditor.

C. Any person subpoenaed under this section who fails to appear, refuses to testify or fails to produce the required books or records is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
N.M. Stat. § 6-25-21 — NM_STATUTES Code / Chapter 6 / Article 25 / Section 6-25-21
§ 6-25-21. Refunding bonds
Status: in_force

The authority is authorized to issue economic development revolving fund bonds for the purpose of refunding any economic development revolving fund bonds then outstanding, including the payment of any redemption premiums and any interest accrued or to accrue to the date of redemption of the outstanding economic development revolving fund bonds. Until the proceeds of the bonds issued for the purpose of refunding outstanding economic development revolving fund bonds are applied to the purchase, retirement or redemption of the outstanding economic development revolving fund bonds, the proceeds may be placed in escrow and be invested and reinvested. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding economic development revolving fund bonds to be refunded by purchase, retirement or redemption. After the terms of the escrow have been fully satisfied, any balance may be returned to the authority for use by it in any lawful manner. All such refunding bonds shall be issued and secured and shall be subject to the provisions of the Statewide Economic Development Finance Act in the same manner and to the same extent as any other bonds issued pursuant to that act.
N.M. Stat. § 24-1K-2 — NM Code / Chapter 24 / Article 1K / Section 24-1K-2
§ 24-1K-2. Definitions
Status: in_force

As used in the Primary Care Council Act:

A. “ department ” means the human services department [health care authority department];

B. “ primary care ” means integrated, accessible health care services, provided by clinicians accountable for addressing the majority of a patient's personal health care needs, developing a sustained partnership with patients and practicing in the context of family and community; and

C. “ secretary ” means the secretary of human services.
N.M. Stat. § 40-3-12 — NM Code / Chapter 40 / Article 3 / Section 40-3-12
§ 40-3-12. Presumption of community property; presumption of separate property where property acquired by married woman prior to July 1, 1973
Status: in_force

A. Property acquired during marriage by either husband or wife, or both, is presumed to be community property.

B. Property or any interest therein acquired during marriage by a woman by an instrument in writing, in her name alone, or in her name and the name of another person not her husband, is presumed to be the separate property of the married woman if the instrument in writing was delivered and accepted prior to July 1, 1973. The date of execution or, in the absence of a date of execution, the date of acknowledgment, is presumed to be the date upon which delivery and acceptance occurred.

C. The presumptions contained in Subsection B of this section are conclusive in favor of any person dealing in good faith and for valuable consideration with a married woman or her legal representative or successor in interest.
N.M. Stat. § 50-17-8 — NM Code / Chapter 50 / Article 17 / Section 50-17-8
§ 50-17-8. Exercise of rights protected; retaliation prohibited
Status: in_force

A. An employer shall not take or threaten any adverse action whatsoever against an employee:

(1) that is reasonably likely to deter such employee from exercising or attempting to exercise a right granted pursuant to the Healthy Workplaces Act; or

(2) because the employee:

(a) has exercised or attempted to exercise such rights;

(b) has reasonably alleged violations of the Healthy Workplaces Act; or

(c) has raised a concern about violations of the Healthy Workplaces Act to the employer, the employer's agent, other employees, a government agency or to the public through print, online, social or any other media.

B. An employer shall not attempt to require an employee to sign a contract or other agreement that would limit or prevent the employee from asserting rights provided for in the Healthy Workplaces Act or to otherwise establish a workplace policy that would limit or prevent the exercise of such rights. An employer's attempt to impose such a contract, agreement or policy shall constitute an adverse action enforceable pursuant to the Healthy Workplaces Act.

C. An employer shall not count use of sick leave in a way that will lead to discipline, discharge, demotion, non-promotion, less favorable scheduling, reduction of hours, suspension or any other adverse action.
N.M. Stat. § 53-4-9 — NM Code / Chapter 53 / Article 4 / Section 53-4-9
§ 53-4-9. Contents of bylaws
Status: in_force

The bylaws may, within the limitations set forth herein provide for:

A. the method and terms of admission to membership and the disposal of members' interests on cessation of membership for any reason;

B. the time, place and manner of calling and conducting meetings;

C. the number or percentage of the members constituting a quorum;

D. the number, qualifications, powers, duties, term of office, and manner, time and vote for election, of directors and officers; and the classification, if any, of directors;

E. the compensation, if any, of the directors, and the number of directors necessary to constitute a quorum;

F. the method of distributing the net savings;

G. the various discretionary provisions herein as well as other provisions incident to the purposes and activities of the association.
N.M. Stat. § 47-12-1 — NM Code / Chapter 47 / Article 12 / Section 47-12-1
§ 47-12-1. Short title
Status: in_force

This act may be cited as the “Land Use Easement Act”.
N.M. Stat. § 3-50-15 — NM Code / Chapter 3 / Article 50 / Section 3-50-15
§ 3-50-15. Examination of bond issue by attorney general
Status: in_force

A city may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such bonds and proceedings conform to the provisions of the Municipal Parking Law, and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance that such bonds are issued in accordance with the constitution and laws of the state of New Mexico.
N.M. Stat. § 73-6-13 — NM Code / Chapter 73 / Article 6 / Section 73-6-13
§ 73-6-13. Proof of ownership
Status: in_force

The affidavit of any three or more of the signers of said petition stating that they have examined it, and are acquainted with the locality of said district and that the signers of said petition are adult owners or reputed owners of lands in said district, to satisfy Section 73-6-1 NMSA 1978 may be taken as prima facie evidence of the facts therein stated. And the affidavit of any petitioner or other landowner before such court, or represented before the court, giving the name of affiant and his or her ownerships of the lands, described therein, shall be prima facie evidence to the court of such facts.
N.M. Stat. § 76-19A-15 — NM Code / Chapter 76 / Article 19A / Section 76-19A-15
§ 76-19A-15. Penalties
Status: in_force

A person convicted of violating Section 6 of the New Mexico Commercial Feed Act is guilty of a misdemeanor and shall be fined in an amount not more than one hundred dollars ($100) for the first violation and not more than one thousand dollars ($1,000) for a second or subsequent violation.
N.M. Stat. § 3-39-16 — NM Code / Chapter 3 / Article 39 / Section 3-39-16
§ 3-39-16. Municipal Airport Zoning Law
Status: in_force

Sections 3-39-16 through 3-39-26 NMSA 1978 , may be cited as the “Municipal Airport Zoning Law.”
N.M. Stat. § 4-14-1 — NM_STATUTES Code / Chapter 4 / Article 14 / Section 4-14-1
§ 4-14-1. Original county boundaries
Status: in_force

All that part of the county of Socorro situated to the eastward of a direct line drawn from north to south, from Malpais, and to be the western line of the new county, is hereby constituted and established, a new county which shall have the name of, and be called the county of Lincoln; the line of the north of said county shall be the dividing line of the county of Valencia; from thence drawing a line eastward without interfering with the boundaries of the county of San Miguel; and on the south a line passing east and west through the head of El Ojo de Tularosa; and this shall be the fixed boundary between the counties of Dona Ana and Lincoln.
N.M. Stat. § 61-9A-12 — NM Code / Chapter 61 / Article 9A / Section 61-9A-12
§ 61-9A-12. Marriage and family therapist; requirements for licensure
Status: in_force

The board shall issue a license as a marriage and family therapist to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

A. has reached the age of twenty-one;

B. holds a master's or doctoral degree with a focus in marriage and family therapy and meets the requirements of the marriage and family therapy core curriculum, as defined by rule, in marriage and family therapy from an accredited institution;

C. demonstrates professional competency by passing the examinations as prescribed by the board;

D. has a minimum of two years of postgraduate marriage and family therapy experience consisting of one thousand client contact hours and two hundred hours of appropriate clinical supervision, of which one hundred hours of such supervision was on an individual basis; and

E. observes the code of ethics.
N.M. Stat. § 6-24-25 — NM_STATUTES Code / Chapter 6 / Article 24 / Section 6-24-25
§ 6-24-25. Prohibition on use of state funds
Status: in_force

The authority shall be self-sustaining and self-funded. No appropriations, loans or other transfer of state funds shall be made to the authority or used or obligated to pay the expenses of the authority or lottery prizes. No claim for the payment of any lottery expense or lottery prize shall be made against any money other than money credited to the authority.
N.M. Stat. § 3-21-22 — NM Code / Chapter 3 / Article 21 / Section 3-21-22
§ 3-21-22. Procedures for regulations or restrictions
Status: in_force

The procedure for the commission in establishing, amending or repealing the ordinances, regulations or restrictions provided in the Special Zoning District Act shall be the same as for the governing body of counties in Sections 3-21-5 through 3-21-8 NMSA 1978 .
N.M. Stat. § 1-2-16 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-16
§ 1-2-16. Election board; messengers; compensation
Status: in_force

A. Members of an election board and messengers shall be compensated for their services at an hourly rate set by the secretary of state; provided that the rate in each county shall not be less than the federal minimum hourly wage rate nor more than four hundred dollars ($400) for an election day; and provided further that the rate may differentiate among the presiding judge, election judges, election clerks and messengers. Election board members and messengers shall be paid for training and may additionally be paid mileage as provided in the Per Diem and Mileage Act each way over the usually traveled route when an election board member or messenger travels by private vehicle.

B. Members of an election board and messengers assigned to alternate voting or alternate mobile voting locations or absent voter precincts may be compensated at an hourly rate set by the county clerk.

C. Compensation shall be paid within thirty days following the date of election.

D. For purposes of determining eligibility for membership in the public employees retirement association and pursuant to the provisions of Subsection B of Section 10-11-3 NMSA 1978 , election board members and messengers are designated as seasonal employees.
N.M. Stat. § 58-1-83 — NM Code / Chapter 58 / Article 1 / Section 58-1-83
§ 58-1-83. Unlawful use of words “safe deposit”
Status: in_force

It is unlawful for any person to use the words “safe deposit,” “safety deposit” or other words deceptively similar thereto, in connection with the rental of storage space, or in the title or name under which business was done, unless he is:

A. a person subject to the jurisdiction of the banking department [financial institutions division of the regulation and licensing department] of this state;

B. a manufacturer or dealer in safe deposit facilities or equipment;

C. an association, the membership of which is composed of officers or institutions subject to the jurisdiction of the banking department [financial institutions division] of this or other states; or

D. a person who makes no charge for such space.