FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 63-9D-7 — NM Code / Chapter 63 / Article 9D / Section 63-9D-7
§ 63-9D-7. Remittance of charges; administrative fee
Status: in_force

A. The surcharge collected shall be remitted monthly to the department, which shall administer and enforce collection of the surcharge in accordance with the Tax Administration Act. The surcharge shall be remitted to the department no later than the twenty-fifth day of the month following the month in which the surcharge was imposed. At that time, a return for the preceding month shall be filed with the department in such form as the department and communications service provider shall agree upon. A communications service provider required to file a return shall deliver the return together with a remittance of the amount of the surcharge payable to the department. The communications service provider shall maintain a record of the amount of each surcharge collected pursuant to the Enhanced 911 Act. The record shall be maintained for a period of three years after the time the surcharges were collected.

B. From a remittance to the department made on or before the date it becomes due, a telecommunications company or commercial mobile radio service provider required to make a remittance shall be entitled to deduct and retain one percent of the collected amount or fifty dollars ($50.00), whichever is greater, as the administrative cost for collecting the surcharge.
N.M. Stat. § 28-17-14 — NM Code / Chapter 28 / Article 17 / Section 28-17-14
§ 28-17-14. Confidentiality of information
Status: in_force

A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman's designee. All state ombudsman files and records pertaining to clients, patients and residents are confidential and not subject to the provisions of the Inspection of Public Records Act. The state ombudsman shall not disclose the identity of any complainant, resident, client or patient about whom the office maintains files or records unless:

(1) the complainant, resident, client or patient or the legal representative of that person consents in writing to the disclosure;

(2) the complainant, resident, client or patient gives oral consent that is documented immediately in writing by a representative of the office;

(3) disclosure is necessary for the provision of ombudsman services to the patient, resident or client and the patient, resident or client is unable to express written or oral consent; or

(4) disclosure is ordered by the court.

B. The director shall have access to the records and files of the office to verify the effectiveness and quality of the program where the identity of any complainant, witness, patient, resident or client is not disclosed.
N.M. Stat. § 58-1-17 — NM Code / Chapter 58 / Article 1 / Section 58-1-17
§ 58-1-17. Qualification and fiduciary powers
Status: in_force

No state bank shall act as fiduciary unless it is authorized by its articles of incorporation and has a permit from the commissioner [director of the financial institutions division of the regulation and licensing department]. The commissioner [director] shall not grant the permit unless he finds:

A. the bank has not less than five hundred thousand dollars ($500,000) capital and surplus;

B. the bank is in a sound financial condition and operated in a prudent and businesslike manner; and

C. qualified personnel are available to handle trust matters.
N.M. Stat. § 58-21B-10 — NM Code / Chapter 58 / Article 21B / Section 58-21B-10
§ 58-21B-10. Continuing education for mortgage loan originators
Status: in_force

A. In order to meet the annual continuing education requirements set forth in Paragraph (2) of Subsection A of Section 58-21B-9 NMSA 1978 , a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with Subsection B of this section, which shall include at least:

(1) three hours of federal law and regulations;

(2) two hours of ethics, including instruction on fraud, consumer protection and fair lending issues;

(3) two hours of training related to lending standards for the nontraditional mortgage product marketplace; and

(4) one hour of New Mexico law and administrative rules.

B. For the purposes of Subsection A of this section, continuing education courses shall be reviewed and approved by the nationwide multistate licensing system and registry based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.

C. Nothing in this section shall preclude any education course, as approved by the nationwide multistate licensing system and registry, that is provided by the employer of the mortgage loan originator or by an entity that is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of such employer or entity.

D. Continuing education may be offered in a classroom, online or by any other means approved by the nationwide multistate licensing system and registry.

E. A licensed mortgage loan originator:

(1) except for the provisions of Subsection B of Section 58-21B-9 NMSA 1978 and Subsection I of this section, may only receive credit for a continuing education course in the year in which the course is taken; and

(2) may not take the same approved course in the same or successive years to meet the annual requirements for continuing education.

F. A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours' credit for every one hour taught.

G. An individual who has successfully completed the education requirements approved by the nationwide multistate licensing system and registry and as set forth in Subsection A of this section for any state shall be accepted as credit toward completion of continuing education requirements in New Mexico.

H. A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.

I. An individual who meets the requirements set forth in Paragraphs (1) and (3) of Subsection A of Section 58-21B-9 NMSA 1978 may make up any deficiency in continuing education as established by rule promulgated by the director.
N.M. Stat. § 9-26-9 — NM Code / Chapter 9 / Article 26 / Section 9-26-9
§ 9-26-9. Bureau; chiefs
Status: in_force

The secretary shall establish within each division such bureaus as the secretary deems necessary to carry out the provisions of the Workforce Solutions Department Act. The secretary shall employ a chief to be administrative head of each bureau.
N.M. Stat. § 27-14-10 — NM_STATUTES Code / Chapter 27 / Article 14 / Section 27-14-10
§ 27-14-10. Certain actions barred
Status: in_force

A. A court shall not have jurisdiction of an action brought pursuant to the Medicaid False Claims Act against a department official if the action is substantially based on evidence or information known to the department when the action was brought.

B. A person shall not bring an action pursuant to the Medicaid False Claims Act that is substantially based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the department is already a party.

C. A court shall not have jurisdiction over an action pursuant to the Medicaid False Claims Act substantially based upon the public disclosure of allegations or actions in a criminal, civil or administrative hearing or from the news media, unless the action is brought by the department or the person bringing the action is an original source of the information. For the purposes of this subsection, “ original source ” means the person bringing suit that has independent knowledge, including knowledge based on the person's own investigation of the defendant's conduct, of the information on which the allegations are based and has voluntarily provided or verified the information on which the allegations are based or has voluntarily provided the information to the department before filing an action pursuant to this section that is based on the information.
N.M. Stat. § 59A-30A-9 — NM Code / Chapter 59A / Article 30A / Section 59A-30A-9
§ 59A-30A-9. Duties and powers of superintendent
Status: in_force

A. The superintendent shall:

(1) promptly forward to the association a copy of any complaint or petition seeking an order of liquidation with a finding of insolvency against a title insurer;

(2) notify the association that a title insurer has been found to be an insolvent insurer not later than three days after he receives notice of the finding; and

(3) upon request of the board of directors, provide the association with a statement of the net written premiums of each member insurer.

B. The superintendent may:

(1) require that the association or an insolvent insurer's licensed New Mexico agents notify the insurer's New Mexico insureds and other interested parties of the finding of insolvency and of their rights under the Title Insurance Guaranty Act. Notification shall be made by mail at the last known address; provided that if sufficient information for notification by mail is not available, notice by publication in one or more newspapers of general circulation in the state shall be sufficient;

(2) suspend or revoke, after notice and hearing, a member insurer's certificate of authority if the insurer fails to pay any assessment within thirty days after it was due or fails to comply with the association's plan of operation. In the alternative, the superintendent may impose a civil penalty not to exceed five percent of the unpaid assessment per month; provided that no civil penalty shall be less than one hundred dollars ($100) per month; and

(3) revoke the designation of any servicing facility if he finds that claims are not being handled satisfactorily.
N.M. Stat. § 9-7A-16 — NM Code / Chapter 9 / Article 7A / Section 9-7A-16
§ 9-7A-16. Uranium mining reclamation; department of environment; duties
Status: in_force

A. The department of environment shall:

(1) coordinate efforts across the state to clean up and reclaim former uranium mine and mill sites. The energy, minerals and natural resources department; the Indian affairs department; the office of natural resources trustee; the state land office; the department of game and fish; the cultural affairs department; the department of health; the workforce solutions department; the economic development department; and the department of transportation shall work in conjunction with the department of environment to support the department's duties as they relate to the purposes of the respective departments and agencies;

(2) develop a strategic plan for the cleanup of uranium mine and mill sites throughout the state, including reclamation goals, time lines for the completion of cleanup activities at specific sites and anticipated funding requirements. The department of environment shall consult with the departments and agencies enumerated in Paragraph (1) of this subsection in the development of the strategic plan and include in the strategic plan the respective agencies' and departments' input;

(3) establish an effective mechanism for consultation and coordination with the federal government; Indian nations, tribes and pueblos; communities impacted by uranium mining; and other states on uranium mine and mill reclamation activities;

(4) work with the economic development department, workforce solutions department and industry to establish uranium mine and mill reclamation as a target economic development industry in New Mexico, including the creation, coordination and promotion of worker training and business development programs for reclamation activities;

(5) develop, maintain and update on a regular basis a centralized repository of uranium mine and mill sites and reclamation activities. The repository shall include, at minimum, the location of uranium mine and mill sites, information about the ownership and legal jurisdiction of each site and each site's cleanup status and shall use any information currently maintained or possessed by the energy, minerals and natural resources department relating to uranium mine and mill sites; and

(6) on an annual basis, report to the radioactive and hazardous materials committee on the department of environment's activities in the preceding year. The department of environment shall consult with the departments and agencies enumerated in Paragraph (1) of this subsection and include in the report the activities undertaken by the respective departments and agencies in the preceding year that are related to uranium mine and mill site reclamation.

B. The secretary of environment shall create a uranium mine reclamation coordinator position and employ additional staff as needed for the department of environment to carry out the provisions of this section.
N.M. Stat. § 73-14-60 — NM Code / Chapter 73 / Article 14 / Section 73-14-60
§ 73-14-60. Board empowered to fill vacancies
Status: in_force

The board of directors, hereby created, shall have the power to fill any vacancy in its membership for the unexpired term of the member in whose office such vacancy occurs.
N.M. Stat. § 74-1-1 — NM Code / Chapter 74 / Article 1 / Section 74-1-1
§ 74-1-1. Short title
Status: in_force

Chapter 74, Article 1 NMSA 1978 may be cited as the “Environmental Improvement Act”.
N.M. Stat. § 10-11-55.1 — NM Code / Chapter 10 / Article 11 / Section 10-11-55.1
§ 10-11-55.1. Municipal general member coverage plan 3; applicability
Status: in_force

Municipal general member coverage plan 3 is applicable to a designated group of municipal general members the first day of the calendar month following an affirmative vote by the majority of the municipal general members in a designated group. A designated group may be all members employed by the affiliated public employer, an organizational group whose compensation is established by negotiated contract or all members employed by the affiliated public employer, whose compensation is not established by negotiated contract. The election shall be conducted by the retirement board in accordance with procedures adopted by the retirement board. The procedures shall afford all municipal general members who are part of the designated group an opportunity to vote. A new election for coverage by municipal general member coverage plan 3 shall not be held prior to the expiration of six months following the date of an election which failed to adopt municipal general member coverage plan 3. An election adopting municipal general member coverage plan 3 is irrevocable for the purpose of subsequently adopting a coverage plan that would decrease employer or employee contributions with respect to all current and future municipal general employees of the affiliated public employer who are part of the designated group. All elections for the purpose of adopting municipal general member coverage plan 3 shall take place prior to July 1, 1995. Any election occurring after June 30, 1995 shall be null, void and of no effect.
N.M. Stat. § 57-3B-5 — NM Code / Chapter 57 / Article 3B / Section 57-3B-5
§ 57-3B-5. Application of registration
Status: in_force

A. Subject to the limitations set forth in the Trademark Act, any person who uses a mark may file in the office of the secretary on a form prescribed by the secretary an application for registration of that mark setting forth, but not limited to, the following information:

(1) the name and business address of the person applying for the registration; and if a corporation, the state of incorporation; if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary;

(2) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with the goods or services and the class in which the goods or services fall;

(3) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest;

(4) a written description of the mark; and

(5) a statement that the applicant is the owner of the mark, that the mark is in use and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use the mark either in the identical form of it or in the near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, mistake or to deceive.

B. The secretary may also require a statement as to whether an application to register the mark or portions of it or a composite of it, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office; and, if so, the applicant shall provide full particulars with respect to it including the filing date, serial number of each application, its status and, if any application was finally refused registration or has otherwise not resulted in a registration, the reason for the refusal or for not being registered.

C. The secretary may also require that a drawing of the mark or three specimens showing the mark as it is actually used accompany the application and that it complies with the requirements specified by the secretary.

D. The application shall be signed and verified by oath, affirmation or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying for registration.

E. The application shall be accompanied by a fee of twenty-five dollars ($25.00) for each application.
N.M. Stat. § 53-8-64 — NM Code / Chapter 53 / Article 8 / Section 53-8-64
§ 53-8-64. Admission of foreign corporation
Status: in_force

A. No foreign corporation has the right to conduct affairs in New Mexico until it has procured a certificate of authority to do so from the corporation commission [secretary of state]. No foreign corporation is entitled to procure a certificate of authority under the Nonprofit Corporation Act to conduct in New Mexico any affairs which a corporation organized under that act is prohibited from conducting. A foreign corporation shall not be denied a certificate of authority by reason of the fact that the laws of the state or country under which the corporation is organized governing its organization and internal affairs differ from the laws of this state. Nothing in the Nonprofit Corporation Act shall be construed to authorize this state to regulate the organization or the internal affairs of such corporation.

B. Without excluding other activities which may not constitute conducting affairs in New Mexico, a foreign corporation shall not be considered to be conducting affairs in this state, for the purposes of the Nonprofit Corporation Act, by reason of carrying on in this state any one or more of the following activities:

(1) maintaining or defending any action or suit or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes;

(2) holding meetings of its directors or members or carrying on other activities concerning its internal affairs;

(3) maintaining bank accounts;

(4) creating evidences of debt, mortgages or liens on real or personal property;

(5) securing or collecting debts due to it or enforcing any rights in property securing the same;

(6) conducting its affairs in interstate commerce;

(7) granting funds;

(8) distributing information to its members; and

(9) conducting an isolated transaction completed within a period of thirty days and not in the course of a number of repeated transactions of like nature.
N.M. Stat. § 67-14-3 — NM Code / Chapter 67 / Article 14 / Section 67-14-3
§ 67-14-3. Exemption procedures
Status: in_force

The state transportation commission, upon receipt of a declaration, petition, resolution, certified copy of an ordinance or other clear direction from a board of county commissioners or governing body of a municipality, provided that such resolution is not in conflict with an existing statute or ordinance, that removal of motorist services directional signs would cause an economic hardship in a defined area, shall forward such declaration, resolution or finding to the secretary for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. 131(o) . Any such declaration or resolution submitted to the state transportation commission shall further find that such motorist services directional signs provide directional information about goods and services in the interest of the traveling public and shall request the retention in such specified areas by the state of such directional motorist services signs as defined in Sections 67-14-1 through 67-14-3 NMSA 1978 . The state transportation commission shall thereupon comply with all regulations issued by the federal highway administration necessary for application for the exemption provided in 23 U.S.C. 131(o) , provided such motorist services directional signs were lawfully erected under state law at the time of their erection and were in existence on May 5, 1976. Any costs incurred by the state transportation commission in complying with the requirements of this section may be passed on to the appropriate petitioners or the owners of the signs seeking exemption.
N.M. Stat. § 59A-41-13 — NM Code / Chapter 59A / Article 41 / Section 59A-41-13
§ 59A-41-13. “Receiver” defined
Status: in_force

“Receiver” means a receiver, liquidator, rehabilitator or conservator, as context may require.
N.M. Stat. § 10-10-1 — NM Code / Chapter 10 / Article 10 / Section 10-10-1
§ 10-10-1. Creation of state government internship program
Status: in_force

There is established under the personnel board the office of inter-university and college training, to administer a program for securing, placing and training qualified university and college students who are New Mexico residents in positions within the state government.
N.M. Stat. § 67-11-9 — NM Code / Chapter 67 / Article 11 / Section 67-11-9
§ 67-11-9. Commercial enterprises or activities
Status: in_force

Commercial enterprises or activities may be conducted, permitted or authorized on department-owned land or land leased to or from the department, not including interstate highway rights of way, but including controlled-access facilities; or land owned or leased to or from the state, a county, city, town or village highway authority or by any other governmental agency for the purpose of providing goods and services to the public, including gasoline service stations or other commercial establishments that may be built on department-owned land or the property acquired for or in connection with the controlled-access facilities. In connection with the development of any department-owned land, including a controlled-access facility, the state, county, city, town or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or to designate as local service roads and streets any existing road or street in such manner as to facilitate the establishment and operation of competitive gasoline service stations and other commercial enterprises on private property abutting the service roads and streets. The state transportation commission is authorized to exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access facilities under the terms of Chapter 67, Article 11 NMSA 1978 . The local service roads and streets shall be of appropriate design and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.