FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 12-11-4 — NM Code / Chapter 12 / Article 11 / Section 12-11-4
§ 12-11-4. Disaster successors to the governor
Status: in_force

If the governor and all of his constitutional successors are unavailable, the holders of the following offices shall be the disaster successors in the order named:

A. the attorney general;

B. the state auditor;

C. the commissioner of public lands;

D. the state treasurer.
N.M. Stat. § 70-2-12.2 — NM Code / Chapter 70 / Article 2 / Section 70-2-12.2
§ 70-2-12.2. Adoption of rules; appeals
Status: in_force

A. No rule shall be adopted pursuant to the Oil and Gas Act until after a hearing by the commission.

B. Any rule adopted under the Oil and Gas Act shall be filed and published in accordance with the State Rules Act. 1 No rule shall be filed until the latter of twenty days after the commission has entered an order or has refused a rehearing application pursuant to Section 70-2-25 NMSA 1978 .

C. Any party of record to the proceeding before the commission or any person adversely affected by a rule adopted under the Oil and Gas Act may appeal to the court of appeals within thirty days after filing of the rule under the State Rules Act. All such appeals shall be upon the record made by the commission. Upon appeal, the court of appeals shall set aside the rule only if found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

D. As used in this section, “ rule ” includes an amendment or repeal of a rule.
N.M. Stat. § 52-3-9.2 — NM Code / Chapter 52 / Article 3 / Section 52-3-9.2
§ 52-3-9.2. Destruction of policies, bonds and undertakings
Status: in_force

From and after the expiration of three years following the date of filing any insurance policy or certificate thereof, bond or undertaking pursuant to the provisions of Section 52-3-9 NMSA 1978 , the director may, in his discretion, authorize the destruction of such insurance policies, certificates, bonds and undertakings.
N.M. Stat. § 63-7-1.1 — NM Code / Chapter 63 / Article 7 / Section 63-7-1.1
§ 63-7-1.1. Commission powers and duties; transmission companies; telephone and telegraph companies
Status: in_force

A. With respect to transmission companies, the commission shall:

(1) fix, determine, supervise, regulate and control all charges and rates of telegraph, telephone and other transmission companies within the state;

(2) determine any matters of public convenience and necessity with respect to matters subject to its regulatory authority as provided by law;

(3) change, amend and rescind rates;

(4) enforce its rules through administrative sanctions and in the courts; and

(5) carry out all other duties and have all other powers provided by law.

B. In fixing rates of telephone and telegraph companies, due consideration shall be given to the earnings, investments and expenditures as a whole within the state. The commission shall include in that consideration the earnings, investments and expenditures derived from or related to the sale of directory advertising and other directory listing services.

C. The commission may subpoena witnesses and documents, enforce its subpoenas through any court and, through the court, punish for contempt.

D. The commission has the power, after notice and hearing of record, to determine and decide any question and to issue orders relating to its powers and duties.

E. An interested party may appeal from a final order of the commission by filing a notice of appeal with the supreme court asking for review of the order within thirty days of the final order. The appellant shall pay to the commission any costs of preparing and transmitting the record to the court.

F. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may seek to obtain a stay from the commission or the supreme court.

G. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

H. In the case of a failure or refusal of any person to comply with an order of the commission within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the commission shall seek enforcement of the order in the district court. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with or violated the order.
N.M. Stat. § 9-7-7 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-7
§ 9-7-7. Organizational units of department; powers and duties specified by law; access to information
Status: in_force

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-7-6 NMSA 1978 . The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
N.M. Stat. § 74-10-70 — NM Code / Chapter 74 / Article 10 / Section 74-10-70
§ 74-10-70. Application of proceeds
Status: in_force

All money received from the issuance of any securities authorized in the Solid Waste Authority Act shall be used solely for the purpose for which issued and the cost of any project thereby delineated. Any accrued interest and any premium shall be applied to the payment of the interest on, or the principal of, the securities, or both interest and principal, or shall be deposited in a reserve therefor, as the board may determine.
N.M. Stat. § 9-11-9 — NM Code / Chapter 9 / Article 11 / Section 9-11-9
§ 9-11-9. Bureaus as organizational units
Status: in_force

The divisions of the department may have established within them organizational units to be known as “bureaus”. Bureaus shall be headed by a “chief” appointed by the secretary.
N.M. Stat. § 9-16-16 — NM_STATUTES Code / Chapter 9 / Article 16 / Section 9-16-16
§ 9-16-16. State financial regulation fund; created; purpose
Status: in_force

The “state financial regulation fund” is created as a nonreverting fund in the state treasury. The fund consists of money distributed to the financial institutions division of the regulation and licensing department pursuant to the consent judgment entered by the court in litigation between mortgage lenders and various states, including New Mexico, and filed April 4, 2012 in the United States district court for the District of Columbia and of income from the investment of the fund. The fund shall be administered by the financial institutions division of the regulation and licensing department. Money in the fund is subject to appropriation by the legislature to the financial institutions division to support and improve state financial regulation and supervision as provided in the consent judgment. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the financial institutions division or the director's authorized representative.
N.M. Stat. § 24-8-2 — NM Code / Chapter 24 / Article 8 / Section 24-8-2
§ 24-8-2. Definitions
Status: in_force

As used in the Family Planning Act:

A. “contraceptive procedures” means any medically accepted procedure to prevent pregnancy;

B. “family planning services” includes contraceptive procedures and services (diagnosis, treatment, supplies and follow-up), social services, educational and informational services;

C. “health facility” means a hospital, clinic, nursing home, intermediate care facility or pharmacy;

D. “medically indigent” means a person who has insufficient funds to pay for family planning services;

E. “local governmental units” means counties, municipalities and public school districts and any of their agencies, departments, commissions, committees, institutions and educational institutions;

F. “physician” means a person licensed or authorized to practice medicine or osteopathy under the provisions of Sections 61-6-1 through 61-6-28 and 61-10-1 through 61-10-21 NMSA 1978; and

G. “state” means the state and its agencies, departments, commissions, committees, institutions and educational institutions.
N.M. Stat. § 7-8A-3 — NM Code / Chapter 7 / Article 8A / Section 7-8A-3
§ 7-8A-3. Contents of safe deposit box or other safekeeping depository
Status: in_force

Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
N.M. Stat. § 58-17-15 — NM Code / Chapter 58 / Article 17 / Section 58-17-15
§ 58-17-15. Disposition of care funds upon dissolution
Status: in_force

Where any cemetery authority owning, operating, controlling or managing a cemetery or any trustee for the cemetery authority has accepted care funds pursuant to the Endowed Care Cemetery Act and dissolution is sought by the cemetery authority in any manner, by resolution of the cemetery authority or the trustees of the cemetery authority, notice shall be given to the director of the intentions to dissolve. It is the director's duty to see that proper disposition is made of the care funds held by or for the benefit of the cemetery authority, as provided by law or in accordance with the trust provisions of any gift, grant, contribution, payment, devise or bequest or pursuant to any contracts whereby the funds were created. The director may apply to the district court for the appointment of any receiver, trustee or successor in trust or for direction of the court as to the proper disposition to be made of the care funds, to the end that the uses and purposes for which the trust or care funds were created may be accomplished.
N.M. Stat. § 22-28-6 — NM Code / Chapter 22 / Article 28 / Section 22-28-6
§ 22-28-6. Accountability
Status: in_force

Funds raised by a school district from lease agreements relating to the use of advertising space on school buses by commercial advertisers shall be fully accounted for and subject to review and examination by the department of education [public education department].
N.M. Stat. § 72-18-35 — NM Code / Chapter 72 / Article 18 / Section 72-18-35
§ 72-18-35. Election
Status: in_force

Wherever in the Flood Control District Act an election of the qualified electors of a district is permitted or required, the election shall be held pursuant to the Local Election Act.
N.M. Stat. § 48-7-19 — NM Code / Chapter 48 / Article 7 / Section 48-7-19
§ 48-7-19. Limitation of enforcement of regulated due-on-sale clauses
Status: in_force

A. In the exercise of its options under a due-on-sale clause, in a real property loan made or assumed between March 15, 1979 and October 15, 1982, a lender shall be prohibited from accelerating the indebtedness and declaring the loan due and payable and shall be limited in increasing the interest rate upon an assumption of the loan upon the transfer of the real property to the existing contract rate of interest plus an increase in the rate of interest not greater than two percentage points and a fee to transfer the real property loan of not greater than one percentage point of the unpaid principal balance of the real property loan at the time of the transfer. On each succeeding assumption of the real property loan on the same property, the lender may increase the contract rate of interest and charge the transfer fee as provided in the previous sentence. There shall be no enforcement of a prepayment penalty in said mortgages.

B. In no case shall the rate of interest charged on an assumption as provided in Subsection A of this section exceed one percent above the most recent federal national mortgage association auction rate of interest at which bids were made, rounded to the nearest one-fourth of one percent. Upon closing, the lender shall disclose in writing to the party assuming the real property loan the most recent federal national mortgage association auction rate of interest referred to in this subsection.
N.M. Stat. § 14-8-5 — NM Code / Chapter 14 / Article 8 / Section 14-8-5
§ 14-8-5. Mining location notices; recording
Status: in_force

All recordings of unacknowledged mining location notices and amended or additional notices made pursuant to Section 69-3-1 , 69-3-2 , 69-3-12 or 69-3-21 NMSA 1978 , and the record thereof in the office of the county clerk, are hereby confirmed and made valid, the provisions of Section 14-8-4 NMSA 1978 notwithstanding; provided, however, existing or intervening rights of others are not affected. Hereafter, such notices need not be acknowledged but may be filed, recorded and considered of record if properly signed by the locator.
N.M. Stat. § 2-8F-25 — NM Code / Chapter 2 / Article 8F / Section 2-8F-25
§ 2-8F-25. Senate district nineteen
Status: in_force

Senate district nineteen is composed of Bernalillo county precincts 294, 295, 301 through 304, 307, 309, 333, 334, 392, 393, 539, 551 through 559, 567, 569 through 580, 582, 595 through 597, 658, 659 and 681; Sandoval county precinct 28; Santa Fe county precincts 15, 16, 18, 19, 73, 84, 85, 115, 125, 148, 156 and 157; and Torrance county precincts 5, 6, 13, 15 and 17 through 22.
N.M. Stat. § 74-10-36 — NM Code / Chapter 74 / Article 10 / Section 74-10-36
§ 74-10-36. Effect of extraterritorial functions
Status: in_force

All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of the authority or any such public body when performing their respective functions within the territorial limits of the respective public agencies apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the Solid Waste Authority Act.
N.M. Stat. § 61-3B-7 — NM Code / Chapter 61 / Article 3B / Section 61-3B-7
§ 61-3B-7. Expedited license
Status: in_force

The board shall issue an expedited license to a person who holds a license in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978 if the person holds a current approved certification or license in another licensing jurisdiction. The board by rule shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and determine foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
N.M. Stat. § 56-1-4 — NM Code / Chapter 56 / Article 1 / Section 56-1-4
§ 56-1-4. Insurance
Status: in_force

If the cost of insurance is included in the retail installment contract or the retail charge agreement and a separate charge is made to the buyer for the insurance:

A. the contract or agreement must state the nature, purpose and amount of the insurance;

B. the contract or agreement must state whether the insurance is to be procured by the buyer or the seller;

C. the amount included for the insurance may not exceed the premiums chargeable in accordance with the rate fixed for the insurance by the insurer except where the amount is less than one dollar [($1.00)]; and if the insurance is cancelled or terminated for any reason, the refund for unearned insurance premiums received by the seller or the holder, shall be credited to the final maturing installments of the retail installment contract or retail charge agreement, and the remaining balance of the unearned insurance premiums shall be refunded to the buyer; provided, however, that no cash refund shall be required if the amount thereof is less than one dollar [($1.00)], and

D. if the insurance is to be procured by the seller or holder, he shall, within 45 days after delivery of the goods or furnishing of the services under the contract or agreement deliver, mail or cause to be mailed to the buyer at his address as specified in the contract or agreement, a notice that the insurance is procured, a copy of the policy or policies of insurance or a certificate of the insurance so procured.
N.M. Stat. § 40-13B-3 — NM Code / Chapter 40 / Article 13B / Section 40-13B-3
§ 40-13B-3. Confidential substitute address program; application
Status: in_force

A. The “confidential substitute address program” is created in the office of the secretary of state to provide a process by which a victim of domestic violence may protect the confidentiality of the victim's residential and delivery addresses in public records.

B. An applicant, with the assistance of an application assistant, shall submit an application to the secretary of state on a form prescribed by the secretary of state. The application assistant's signature shall serve as recommendation that the applicant participate in the confidential substitute address program.

C. An application shall be signed and dated by the applicant and the application assistant and shall include:

(1) the applicant's name;

(2) the applicant's statement that the applicant fears for the safety of the applicant, the applicant's child or another person in the applicant's household because of a threat of immediate or future harm;

(3) the applicant's statement that the disclosure of the applicant's residential or delivery address would endanger the applicant, the applicant's child or another person in the applicant's household;

(4) the applicant's statement that the applicant has confidentially relocated in the past ninety days or will relocate within the state in the next ninety days;

(5) a designation of the secretary of state as the applicant's agent for the purpose of receiving mail, deliveries and service of process, notice or demand;

(6) the names and ages of those persons in the applicant's household who will also be participants in the program if the applicant is admitted into the program. Each person in an applicant's household listed in the application shall be considered a separate participant in the program;

(7) the applicant's residential and delivery addresses, if different, the confidentiality of which the applicant seeks to protect;

(8) the applicant's telephone number and email address; and

(9) the applicant's statement under penalty of perjury that the information contained in the application is true.
N.M. Stat. § 7-9-51 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-51
§ 7-9-51. Deduction; gross receipts tax; sale of construction material to persons engaged in the construction business
Status: in_force

A. Receipts from selling construction material may be deducted from gross receipts if the sale is made to a person engaged in the construction business who delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978 .

B. The buyer must incorporate the construction material as:

(1) an ingredient or component part of a construction project that is subject to the gross receipts tax upon its completion or upon the completion of the overall construction project of which it is a part;

(2) an ingredient or component part of a construction project that is subject to the gross receipts tax upon the sale in the ordinary course of business of the real property upon which it was constructed; or

(3) an ingredient or component part of a construction project that is located on the tribal territory of an Indian nation, tribe or pueblo.
N.M. Stat. § 59A-25-2 — NM Code / Chapter 59A / Article 25 / Section 59A-25-2
§ 59A-25-2. Purpose
Status: in_force

The purpose of this article is to promote the public welfare by regulating credit life insurance and credit health insurance. Nothing in this article is intended to prohibit or discourage reasonable competition. The provisions of this article shall be liberally construed.
N.M. Stat. § 69-36-16 — NM Code / Chapter 69 / Article 36 / Section 69-36-16
§ 69-36-16. Judicial review
Status: in_force

A. A person who is or may be affected by a rule of the commission may appeal the action of the commission by filing a notice of appeal with the court of appeals within thirty days from the filing date of the rule with the state records center. All appeals of rules shall be taken on the record made at the public hearing on the rule.

B. A party, intervenor or any other person upon a showing of good cause for not appearing at the public hearing on a rule may appeal a decision of the commission adopting, amending or repealing the rule by filing a written notice of appeal with the court of appeals within forty-five days after entry of the commission's decision. Copies of the notice of appeal shall be served at the time of filing, either personally or by certified mail, upon all parties to the proceeding before the commission.

C. A person who is or may be affected by a final action of the commission other than a rule may appeal the action of the commission by filing a notice of appeal with the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 66-3-12 — NM Code / Chapter 66 / Article 3 / Section 66-3-12
§ 66-3-12. Evidential value of certificate
Status: in_force

A certificate of title issued by the division shall be received in evidence as prima facie evidence of the ownership of the vehicle named in the certificate and as prima facie evidence of all liens and encumbrances against said vehicle appearing on the certificate.
N.M. Stat. § 73-12-51 — NM Code / Chapter 73 / Article 12 / Section 73-12-51
§ 73-12-51. Confirmation proceedings may be brought
Status: in_force

The board of directors of any irrigation district purporting to be organized under this act, may commence special proceeding [proceedings] in and by which the proceedings of said board and of the county commissioners for the organization of said district and for the authorizing of the issuance and sale of the bonds of said district, whether said bonds or any of them have or have not been sold or disposed of, may be judicially examined, determined, approved and confirmed, and the validity of said bonds determined, and in which proceedings there shall likewise be determined the question of benefits received by the land of any landowner owning land within said district, and as to whether or not such land of any such landowner will receive benefits equivalent to the taxes which may be necessary to be levied against his lands in order to provide funds for the payment of the bonds of district, including the amounts to be levied thereon for the purpose of paying delinquencies, as provided in Section 20 of Chapter 41, Laws of 1919, as amended by Section 3 of this act.
N.M. Stat. § 67-10-4 — NM Code / Chapter 67 / Article 10 / Section 67-10-4
§ 67-10-4. Owners of toll road, bridge or ferry; liability in damages
Status: in_force

That the corporation and the individual owners of any such wagon road, bridge or ferry shall be liable in damages to any person so using the same, for any injuries to person or property caused by the neglect, fault or omission to keep said road, bridge or ferry in good and safe condition, which damages may be recovered by law by any court having jurisdiction of the amount in controversy.