reglab/housing_qa huggingface dataset:
NM Stat § 12-6-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-6 - Criminal violations.

Immediately upon discovery of any violation of a criminal statute in connection with financial affairs, the state auditor shall report the violation to the proper prosecuting officer and furnish the officer with all data and information in his possession relative to the violation. An agency or independent auditor shall report a violation immediately to the state auditor. History: 1953 Comp., § 4-31-6, enacted by Laws 1969, ch. 68, § 6; 2003, ch. 273, § 19. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "An agency or independent auditor shall report a violation immediately" for "Any independent auditor shall report a violation" near the end.
NM Stat § 12-6-7 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-7 - Shortages in accounts; sureties.

A. The state auditor shall notify the appropriate surety on the official bond whenever an audit discloses a shortage in the accounts of any agency. Failure to notify the surety, however, does not release the surety from any obligation under the bond. B. Sureties upon official bonds of agencies are not released from liability on official bonds until the state auditor has certified to them that the accounts of the agency have been examined and found to be correct and a clearance of liability is given them. C. When necessary, the state auditor may institute legal proceedings against sureties upon official bonds of officers and employees. In such proceedings, the officer or employee may set up as a defense that errors have been committed by the state auditor in making charges against him, or that he has been refused proper and legal credit by the state auditor, but the burden of proof is upon the officer or employee to show such facts. History: 1953 Comp., § 4-31-7, enacted by Laws 1969, ch. 68, § 7.
NM Stat § 12-6-8 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-8 - Repayment of funds.

If restitution has not been made in thirty days from the receipt by an agency of a report of an audit reflecting a shortage of funds for which the agency is accountable under law, suit to enforce repayment or refund to the agency may be brought by the state auditor. History: 1953 Comp., § 4-31-8, enacted by Laws 1969, ch. 68, § 8.
NM Stat § 12-6-9 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-9 - Public depositories.

The state auditor may: A. require depositories of public money to furnish reconciliation sheets for the purpose of checking the deposits of public funds; B. inspect the books and records of any depository concerning public funds; and C. examine employees of a depository under oath concerning the correctness of the reconciliation or any entry upon the books or records of the depository relating to public funds. History: 1953 Comp., § 4-31-9, enacted by Laws 1969, ch. 68, § 9.
NM Stat § 12-6-11 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-11 - Oaths; subpoenas.

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). History: 1953 Comp., § 4-31-11, enacted by Laws 1969, ch. 68, § 11.
NM Stat § 12-6-12 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-12 - Regulations.

The state auditor shall promulgate reasonable regulations necessary to carry out the duties of his office, including regulations required for conducting audits in accordance with generally accepted auditing standards. The regulations become effective upon filing in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: 1953 Comp., § 4-31-12, enacted by Laws 1969, ch. 68, § 12.
NM Stat § 12-6-13 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-13 - Audit fund; payment for audits; expenses of auditor.

A. There is created in the state treasury the "audit fund" into which the state auditor shall deposit all fees and costs received from agencies audited by him. B. Payments for salaries and expenses of the state auditor shall be made from the audit fund, and the fund shall not revert at the end of any fiscal year. History: 1953 Comp., § 4-31-13, enacted by Laws 1969, ch. 68, § 13. ANNOTATIONSAudit fund was not intended for deposit and appropriation of federal funds. 1980 Op. Att'y Gen. No. 80-40. Provision of General Appropriation Act of 1980 ineffective in controlling federal funds. — Insofar as the language in the General Appropriation Act of 1980, Laws 1980, ch. 155, attempted to control the expenditure of federal funds received by the state auditor, it can be of no effect. 1980 Op. Att'y Gen. No. 80-40.
NM Stat § 12-6-15 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 6 - Audit Act|Section 12-6-15 - Annual financial audit report; state board of finance review.

Within six months after the report is due to the state auditor, each of the educational retirement board, the office of the state treasurer, the public employees retirement association and the state investment council shall present the agency's current annual financial audit report to the state board of finance for review. History: Laws 2019, ch. 3, § 1. ANNOTATIONSEffective dates. Laws 2019, ch. 3, § 1, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 12-7-1 to 12-7-3 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 7 - Board of Economic Development (Repealed.)|Section 12-7-1 to 12-7-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 297, § 33, repealed 12-7-1 to 12-7-3 NMSA 1978, relating to the board of economic development, effective July 1, 1983. For present provisions, see 9-15-1 NMSA 1978 et seq.
NM Stat § 12-8-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-1 - Short title.

This act [12-8-1 to 12-8-25 NMSA 1978] may be cited as the "Administrative Procedures Act." History: 1953 Comp., § 4-32-1, enacted by Laws 1969, ch. 252, § 1. ANNOTATIONSCross references. — For applicability of act, see 12-8-23 NMSA 1978. For public meetings of policy-making bodies, see 10-15-1 to 10-15-4 NMSA 1978. Court of appeals lacks jurisdiction to review decisions of commissioner of revenue under the Administrative Procedures Act (12-8-1 NMSA 1978 et seq.), but does have jurisdiction to review such decisions under Section 7-1-25 NMSA 1978 of the Tax Administration Act (Chapter 7, Article 1 NMSA 1978). Westland Corp. v. Comm'r of Revenue, 1971-NMCA-083, 83 N.M. 29, 487 P.2d 1099, cert. denied, 83 N.M. 22, 487 P.2d 1092. Presence of counsel during employee interviews. — Employees may request that counsel of their choosing be present during interviews by the environmental improvement division and such counsel may be company counsel, unless such counsel obstructs and impedes the division's investigation. Kent Nowlin Constr., Inc. v. Envtl. Improvement Div., 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621. Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970). For survey, "Administrative Law," see 6 N.M. L. Rev. 401 (1976). For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973). For note, "Administrative Law Whole Record Review and the Real Story Behind Walck v. City of Albuquerque", see 23 N.M. L. Rev. 237 (1993). For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982). For comment, "Survey of New Mexico Law: Administrative Law," see 15 N.M.L. Rev. 119 (1985). For 1984-88 survey of New Mexico administrative law, see 19 N.M.L. Rev. 575 (1990). For survey of 1988-89 Administrative Law, see 21 N.M.L. Rev. 481 (1991). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 1 et seq. Appealability under "collateral order" doctrine of order staying or dismissing, or refusing to stay or dismiss, proceedings in United States District Court pending federal or state administrative determination, 40 A.L.R. Fed. 740. 73 C.J.S. Public Administrative Law and Procedure §§ 49 to 114; 73A C.J.S. Public Administrative Law and Procedure §§ 115 to 271.
NM Stat § 12-8-3 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-3 - Rulemaking requirements.

In addition to other rulemaking requirements imposed by law, each agency shall: A. adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available; B. set forth in written form all statements of general policy adopted as authorized by law, including a description of its central and field organization, statements of all delegations of authority and the extent thereof, together with a listing of the established places at which, and the methods whereby, the public may secure information or make submittals or requests; C. provide written statements of the general course and method by which its functions are channeled and determined, as well as make available all required or suggested forms, together with proper instructions pertaining thereto; and make available for public inspection all rules and other written statements of policy or written interpretations formulated, adopted or used by the agency in the discharge of its functions; D. except as otherwise provided by law, make available for public inspection all final orders, decisions and opinions issued after the effective date of the Administrative Procedures Act, together with all materials that were before the deciding officers at any time prior to the making of the decision; E. provide a reasonable manner at a reasonable cost for interested persons to obtain copies of items set forth in this section; and F. not act in any manner or in any matter except in strict conformity with the rules and other written statements or items required in this section, and no person shall in any manner be required to resort to any procedure or be otherwise affected by any agency action not in strict conformity with the requirements of this section. History: 1953 Comp., § 4-32-3, enacted by Laws 1969, ch. 252, § 3. ANNOTATIONSLaw reviews. — For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M. L. Rev. 1 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 152 et seq. Estoppel doctrine as applicable against government and its governmental agencies, 1 A.L.R.2d 338. Sunday or holiday, validity of administrative proceedings conducted on, 26 A.L.R.2d 996. 73 C.J.S. Public Administrative Law and Procedure §§ 87 to 114.
NM Stat § 12-8-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-5 - Filing of rules; when effective.

A. Each agency shall file each rule, amendment or repeal thereof, adopted by it, including all rules existing on the effective date of the Administrative Procedures Act, according to the State Rules Act [Chapter 14, Article 4 NMSA 1978] unless the rules have already been so filed. B. Each rule hereafter adopted is effective fifteen days after filing, unless a longer time is provided by the rule, and compliance with other law. History: 1953 Comp., § 4-32-5, enacted by Laws 1969, ch. 252, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure § 114.
NM Stat § 12-8-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 110, § 11 repealed former 12-8-6 NMSA 1978, as enacted by Laws 1969, ch. 252, § 6, relating to the publication of agency rules, effective July 1, 1995. For provisions of former section, see 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 14, Article 4 NMSA 1978.
NM Stat § 12-8-7 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-7 - Petitions for adoption, amendment or repeal of rules.

Any interested person may petition an agency requesting the promulgation, amendment or repeal of a rule and may accompany his petition with data, views and arguments he thinks pertinent. Within thirty days after the submission of a petition, the agency either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with Section 4 [12-8-4 NMSA 1978] of the Administrative Procedures Act. History: 1953 Comp., § 4-32-7, enacted by Laws 1969, ch. 252, § 7. ANNOTATIONSLaw reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 221 et seq.
NM Stat § 12-8-8 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-8 - Judicial review by declaratory judgment; granting relief not otherwise provided for.

A. Unless otherwise provided by law, the validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of Santa Fe county, if the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the interests, rights or privileges of the plaintiff. Any representative association, including but not limited to trade associations, labor unions or professional organizations, may file the action if one or more of its members could qualify as a plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. B. The district court of Santa Fe county may enter orders after reasonable notice and hearing upon any matter not otherwise provided for in the Administrative Procedures Act, including but not limited to procedural or substantive matters of law or equity. This right may be utilized at any stage of a proceeding, and failure to utilize the right until final decision, action or order shall not be deemed a waiver thereof. If such questions are raised upon review or appeal in the court of appeals, the court of appeals may enter any orders which could have been entered by the district court. History: 1953 Comp., § 4-32-8, enacted by Laws 1969, ch. 252, § 8. ANNOTATIONSLaw reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 89 to 91, 93, 96 to 98, 100, 120. 73 C.J.S. Public Administrative Law and Procedure §§ 44, 93.
NM Stat § 12-8-9 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-9 - Agency declaratory rulings.

Each agency shall by rule establish a system for declaratory rulings as to the applicability of any statutory provision, rule, decision or order. Such rulings shall be issued upon petition by one whose interests, rights or privileges are immediately at stake, except when the agency for good cause finds issuance of such a ruling undesirable. The rule shall permit the declaratory proceeding to be prosecuted by any party having the right to prosecute an action under Section 8 [12-8-8 NMSA 1978] of the Administrative Procedures Act. The agency shall prescribe in its rule the circumstances in which the rulings shall or shall not be issued. Declaratory rulings disposing of petitions have the same status as agency decisions or orders in adjudicatory proceedings and are subject to judicial review. History: 1953 Comp., § 4-32-9, enacted by Laws 1969, ch. 252, § 9. ANNOTATIONSLaw reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
NM Stat § 12-8-12 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-12 - Decision.

No agency or member thereof shall: A. participate in a final decision in an adjudicatory proceeding unless he has heard the evidence or read the record. A final decision or order in an adjudicatory proceeding shall be in writing or stated in the record. A final or tentative decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules or practice or as authorized by the Administrative Procedures Act, a party submits proposed findings of fact and conclusions of law, the agency shall rule upon each proposed finding and conclusion. Parties shall be notified either personally or by mail of any decision or order. A copy of the decision or order shall be delivered or mailed forthwith to each party or to his attorney of record; or B. impose any sanction or substantive rule or order except within jurisdiction delegated to the agency and as authorized by law. History: 1953 Comp., § 4-32-12, enacted by Laws 1969, ch. 252, § 12. ANNOTATIONSService of agency decision. — The state engineer is not required to copy of his decision sustaining or denying a protest against an application for water use upon a party of record, where a copy of the decision has been sent by certified mail to a party's attorney of record. In re Application of Metro. Invs., Inc., 1990-NMCA-070, 110 N.M. 436, 796 P.2d 1132, cert. denied, 110 N.M. 330, 795 P.2d 1022. Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 365 et seq. Administrative decision or finding based on evidence secured outside of hearing, and without presence of interested party or counsel, 18 A.L.R.2d 552. Stare decisis doctrine as applicable to decisions of administrative agencies, 79 A.L.R.2d 1126. 73A C.J.S. Public Administrative Law and Procedure §§ 143 to 153.
NM Stat § 12-8-13 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-13 - Ex-parte consultations.

No party or representative of a party or any other person shall communicate off the record about the case with any agency member who participates in making the decision in any adjudicatory proceeding unless a copy of the communication is sent to all parties to the proceeding. No agency member or representative of the agency shall communicate off the record about the adjudicatory proceedings with any party or representative of a party or any other person unless a copy of the communication is sent to all parties in the proceeding. History: 1953 Comp., § 4-32-13, enacted by Laws 1969, ch. 252, § 13. ANNOTATIONSLaw reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of ex parte communication made in connection with administrative proceeding by interested party or by member or employee of agency (5 USCS § 557(d)(1)), 58 A.L.R. Fed. 834.
NM Stat § 12-8-17. to 12-8-22 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-17. to 12-8-22 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 12-8-17 through 12-8-22 NMSA 1978 as enacted by Laws 1969, ch. 252, §§ 17 through 22, relating to intervention, stay of enforcement of agency decision, record of proceeding, additional evidence, conduct of review, and scope of review, effective September 1, 1998. For provisions of former sections, see 1997 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 12-18-16 NMSA 1978.
NM Stat § 12-8-24 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-24 - Amending and repealing.

The provisions of the Administrative Procedures Act may be amended, repealed or superseded by another act of the legislature only by direct reference to the section or sections of the Administrative Procedures Act being amended, repealed or superseded. History: 1953 Comp., § 4-32-24, enacted by Laws 1969, ch. 252, § 24.
NM Stat § 12-8-25 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8 - Administrative Procedures Act|Section 12-8-25 - Purpose of act; liberal interpretation.

The legislature expressly declares its purpose in enacting the Administrative Procedures Act is to promote uniformity with respect to administrative procedures and judicial review of administrative decisions, and the Administrative Procedures Act shall be liberally construed to carry out its purpose. History: 1953 Comp., § 4-32-25, enacted by Laws 1969, ch. 252, § 25.
NM Stat § 12-8A-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-1 - Short title.

Chapter 12, Article 8A NMSA 1978 may be cited as the "Governmental Dispute Prevention and Resolution Act". History: Laws 2000, ch. 65, § 1; 2007, ch. 206, § 1. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the statutory reference and added "Prevention" to the title of the act .