reglab/housing_qa huggingface dataset:
NM Stat § 27-15-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 15 - Money Follows the Person in New Mexico|Section 27-15-2 - Definition.

As used in the Money Follows the Person in New Mexico Act, "department" means the aging and long-term services department [9-23-4 NMSA 1978]. History: Laws 2006, ch. 112, § 2. ANNOTATIONSEffective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
NM Stat § 27-15-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 15 - Money Follows the Person in New Mexico|Section 27-15-3 - Community-based living; choice of options.

An elderly or disabled individual who is identified and assessed as eligible for community-based living shall be allowed to choose, from among all service options available, the type of service that best meets that individual's needs. The individual's medical assistance funds shall be made available for the individual for the service option the individual selects, not to exceed the cost of the service. The department shall apply for federal approval as necessary, and upon federal approval, implement this section under existing or future federal legislation. History: Laws 2006, ch. 112, § 3. ANNOTATIONSEffective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
NM Stat § 27-15-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 15 - Money Follows the Person in New Mexico|Section 27-15-4 - Information.

The department shall identify and provide adequate information to a medicaid-eligible individual residing in a nursing home and, if appropriate, the individual's representative, of the opportunity for the individual to receive community-based services and support pursuant to the Money Follows the Person in New Mexico Act. History: Laws 2006, ch. 112, § 4. ANNOTATIONSCross references. — For medicaid assistance programs, see 27-2-12.2 to 27-2-12.12 NMSA 1978. Effective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
NM Stat § 27-15-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 15 - Money Follows the Person in New Mexico|Section 27-15-5 - Quality improvement.

The department shall develop and implement a quality improvement system of performance indicators and outcome measures to evaluate the level and effectiveness of participation of individuals who are eligible for community-based services and to ensure that the services and support that an individual receives pursuant to the Money Follows the Person in New Mexico Act are adequate. History: Laws 2006, ch. 112, § 5. ANNOTATIONSEffective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
NM Stat § 28-1-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-3 - Human rights commission.

A. There is created the "human rights commission" consisting of eleven members appointed by the governor with the advice and consent of the senate. Not more than six of the members shall be of the same political party. Not more than one member may be appointed from any one county. The governor shall designate a member to serve as chairman. The commission shall designate one of its members as vice chairman to preside in the absence or incapacity of the chairman. B. The term of office of each member of the commission is for four years; however, of the commissioners first appointed, one shall be appointed for a term ending December 31, 1969, one for a term ending December 31, 1970, one for a term ending December 31, 1971 and two for terms ending December 31, 1972; provided, the two additional members added pursuant to this 1975 amendment shall be initially appointed for staggered terms of two and three years respectively so that one term ends on December 31, 1977 and one ends on December 31, 1978. The four additional commissioners added pursuant to this 1991 amendment shall be appointed for staggered terms; two shall be appointed for terms ending December 31, 1992; and two shall be appointed for terms ending December 31, 1993. C. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term. Six members of the commission constitute a quorum to conduct business. Vacancies on the commission shall not impair the right of the remaining members to exercise the powers of the commission. D. Each member of the commission shall be reimbursed, as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], during the performance of official duties and shall receive no other compensation, perquisite or allowance. History: 1953 Comp., § 4-33-3, enacted by Laws 1969, ch. 196, § 3; 1975, ch. 124, § 1; 1987, ch. 342, § 17; 1991, ch. 104, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, in Subsection A, substituted "eleven members" for "seven members" in the first sentence and "six of the members" for "four of the members" in the second sentence; added the second sentence in Subsection B; and, in Subsection C, substituted "the remainder of the unexpired term" for "the unexpired term of the member whom he is to succeed" at the end of the first sentence and "Six members" for "Four members" at the beginning of the second sentence. Law reviews. — For article, "Age Discrimination in Employment: A Comparison of the Federal and State Laws and Remedies in New Mexico," see 7 N.M. L. Rev. 51 (1976-77). For article, "Selecting an Analogous State Limitations Statute in Reconstruction Civil Rights Claims: The Tenth Circuit's Resolution," see 15 N.M.L. Rev. 11 (1985).
NM Stat § 28-1-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-5 - Procedures for adopting regulations.

A. The secretary may adopt, promulgate, amend and repeal rules and regulations to carry out the provisions of the Human Rights Act. B. No rule or regulation of general application may be adopted, amended or repealed without a public hearing before the secretary or his designee. C. The public hearing shall be in Santa Fe, and notice of the subject, time and place of the meeting, the manner in which interested persons may present their views and the method by which copies of the proposed rule, regulation or amendment may be obtained shall be: (1) published in each county at least thirty days prior to the hearing date in a newspaper of general circulation; and (2) mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of the hearing. D. The secretary shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing. E. The secretary may designate a hearing officer to take evidence at the hearing. F. Any person appearing or represented at the hearing shall be given written notice of the secretary's action on the proposed rule, regulation, amendment or repeal. G. No rule, regulation, amendment or repeal shall become effective until thirty days after its filing. History: 1953 Comp., § 4-33-5, enacted by Laws 1969, ch. 196, § 5; 1987, ch. 342, § 19.
NM Stat § 28-1-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-6 - Validity of regulation; judicial review.

A. Any person who is or may be affected by a regulation adopted by the secretary may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation. B. The procedure for perfecting an appeal to the court of appeals under this section consists of the timely filing of a notice of appeal with a copy of the regulation from which the appeal is taken. The appellant shall certify in his notice of appeal that arrangements have been made with the secretary for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support his appeal to the court, at the expense of the appellant, including three copies which he shall furnish to the secretary. C. Upon appeal, the court of appeals shall set aside the regulation only if found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by a preponderance of evidence in the record; or (3) otherwise not in accordance with law. History: 1953 Comp., § 4-33-6, enacted by Laws 1969, ch. 196, § 6; 1987, ch. 342, § 20.
NM Stat § 28-1-7.1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-7.1 - Prohibiting discrimination against seniors in certain volunteer service.

The state or a political subdivision of the state shall not exclude a person older than sixty years of age from volunteer service as long as the person is physically, mentally and professionally capable of performing the services involved. For the purposes of this section, "professionally capable" means having the ability to demonstrate reasonable proficiency and having any relevant certification in accordance with the laws, rules or technical standards that may govern the particular profession. History: Laws 2003, ch. 231, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 231, § 2 made the act effective July 1, 2003.
NM Stat § 28-1-7.2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-7.2 - Quotas prohibited.

A person, employer, employment agency or organization shall not use the provisions of the Human Rights Act to adopt or implement a quota on the basis of sexual orientation or gender identity. History: Laws 2003, ch. 383, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 383, § 5 made the act effective July 1, 2003.
NM Stat § 28-1-8 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-8 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 241, § 6, repealed 28-1-8 NMSA 1978, as enacted by Laws 1973, ch. 155, § 3, relating to certification of preexisting disability, effective June 17, 1983.
NM Stat § 28-1-12 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-12 - Enforcement.

If a respondent to a complaint filed pursuant to the Human Rights Act is not complying with an order of the commission, the attorney general or district attorney, at the request of the secretary, shall secure enforcement of the commission's order by a district court. The proceeding shall be initiated by the filing of a petition in the district court where the respondent is doing business or the alleged discriminatory practice occurred. A copy of the petition shall be served on the respondent personally or by registered mail, return receipt requested. The court may make and enter upon the proceedings an order to decree enforcement of the order of the commission. History: 1953 Comp., § 4-33-11, enacted by Laws 1969, ch. 196, § 11; 1987, ch. 342, § 23. ANNOTATIONSSubject matter jurisdiction could not be raised in enforcement action. — Where the human rights commission's complaint was heard more than fifteen days following service of the complaint; at the hearing on the complaint, respondent argued that the commission had lost subject matter jurisdiction to hear the complaint because the hearing had not occurred within the required time; and respondent did not appeal the commission's adverse judgment, respondent could not challenge the subject matter jurisdiction of the commission in an action filed by the attorney general to enforce the commission's judgment. N.M. Human Rights Comm'n v. Accurate Machine & Tool Co., Inc., 2010-NMCA-107, 149 N.M. 119, 245 P.3d 63, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146. Am. Jur. 2d, A.L.R. and C.J.S. references. — Pursuit of nonjudicial remedy for employment discrimination as amounting to election against judicial remedy, 103 A.L.R.5th 557.
NM Stat § 28-1-14 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-14 - Posting of law and information.

Every person who is subject to the Human Rights Act, except an individual selling houses, shall keep posted in a conspicuous place on his premises notices prepared by the division which shall set forth excerpts of the Human Rights Act and other relevant information as determined by the secretary. History: 1953 Comp., § 4-33-13, enacted by Laws 1969, ch. 196, § 13; 1987, ch. 342, § 25.
NM Stat § 28-1-15 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 1 - Human Rights|Section 28-1-15 - Repealed.

History: Laws 1987, ch. 333, § 1; 1993, ch. 268, § 3; 2000, ch. 4, § 2; repealed Laws 2005, ch. 208, § 27.ANNOTATIONSRepeals. — Laws 2005, ch. 208, § 27 repealed 28-1-15 NMSA 1978, as enacted by Laws 1987, ch. 333, § 1, relating to termination of the Human Rights Act, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 28-2-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-1 - Short title.

Chapter 28, Article 2 NMSA 1978 may be cited as the "Criminal Offender Employment Act". History: 1953 Comp., § 41-24-1, enacted by Laws 1974, ch. 78, § 1; 2019, ch. 176, § 1. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, changed "Sections 1 through 6 of this act" to "Chapter 28, Article 2 NMSA 1978".Law reviews. — For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
NM Stat § 28-2-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-2 - Purpose of act.

The legislature finds that the public is best protected when criminal offenders or ex-convicts are given the opportunity to secure employment or to engage in a lawful trade, occupation or profession and that barriers to such employment should be removed to make rehabilitation feasible. History: 1953 Comp., § 41-24-2, enacted by Laws 1974, ch. 78, § 2. ANNOTATIONSLaw reviews. — For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
NM Stat § 28-2-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-3 - Employment eligibility determination.

A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession. A board, department or agency of the state or any of its political subdivisions shall not make an inquiry regarding a conviction on an initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for the position.B. The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:(1) records of arrest not followed by a valid conviction;(2) convictions that have been sealed, dismissed, expunged or pardoned;(3) juvenile adjudications; or(4) convictions for a crime that is not job-related for the position in question and consistent with business necessity. History: 1953 Comp., § 41-24-3, enacted by Laws 1974, ch. 78, § 3; 2010, ch. 76, § 1; 2021 (1st S.S.), ch. 3, § 1. ANNOTATIONSCross references. — For persons convicted of felonious or infamous crime ineligible for public office unless pardoned or restored to political rights, see 10-1-2 NMSA 1978. The 2021 (1st S.S.) amendment, effective June 29, 2021, revised the list of criminal records that cannot be considered in an application for public employment, licensure or other authority to engage in any regulated trade, business or profession; and in Subsection B, Paragraph B(2), deleted "misdemeanor", and after "convictions", deleted "not involving moral turpitude" and added "that have been sealed, dismissed, expunged or pardoned", and added Paragraphs B(3) and B(4). The 2010 amendment, effective May 19, 2010, in Subsection A, after "Sections", deleted "3 and 4 of the Criminal Offender Employment Act" and added "28-2-4 and 28-2-5 NMSA 1978"; and added the last sentence. State board of education subject to article. — The state board of education is subject to the provisions of Criminal Offender Employment Act (COEA), because it is an agency which determines eligibility for employment with the state. Bertrand v. N.M. State Bd. of Educ., 1975-NMCA-145, 88 N.M. 611, 544 P.2d 1176, cert. denied, 89 N.M. 5, 546 P.2d 70 (1976). Testimony concerning indictment. — Because an agency has wide discretion in receiving and excluding evidence in proceedings under the Uniform Licensing Act, any error in allowing reference to an indictment against a dentist was harmless. Weiss v. N.M. Bd. of Dentistry, 1990-NMSC-077, 110 N.M. 574, 798 P.2d 175.
NM Stat § 28-2-3.1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-3.1 - Employment eligibility determination; private employers.

A. If a private employer uses a written or electronic employment application, the employer shall not make an inquiry regarding an applicant's history of arrest or conviction on the employment application but may take into consideration an applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant. Nothing in this section shall prohibit an employer from notifying the public or an applicant that the law or the employer's policy could disqualify an applicant who has a certain criminal history from employment in particular positions with that employer.B. An applicant who claims to be aggrieved by a violation of Subsection A of this section may seek relief under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978. History: Laws 2019, ch. 176, § 2. ANNOTATIONSEffective dates. — Laws 2019, ch. 176 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 § 28-2-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-5 - Nonapplicability to law enforcement agencies.

The Criminal Offender Employment Act is not applicable to any law enforcement agency; however, nothing herein shall be construed to preclude a law enforcement agency in its discretion from adopting the policy set forth herein. History: 1953 Comp., § 41-24-5, enacted by Laws 1974, ch. 78, § 5.
NM Stat § 28-2-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 2 - Criminal Offender Employment Act|Section 28-2-6 - Applicability.

The provisions of the Criminal Offender Employment Act relating to any board or other agency which has jurisdiction over the practice of any trade, business or profession apply to authorities made subject to its coverage by law, or by any such authorities' rules or regulations if permitted by law. History: 1953 Comp., § 41-24-6, enacted by Laws 1974, ch. 78, § 6. ANNOTATIONSSuspension or revocation of real estate license. — The provisions of the Criminal Offender Employment Act must be followed by the real estate commission in any action by the commission to suspend or revoke a broker's or salesperson's license because of a conviction of a felony or misdemeanor involving moral turpitude. 1982 Op. Att'y Gen. No. 82-02.
NM Stat § 28-3-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 3 - Commission on the Status of Women|Section 28-3-1 - Commission on the status of women; creation.

A. The "commission on the status of women" is created. The commission consists of fifteen members, including one member of the human rights commission, representative of all fields of interest to women. Members shall be appointed by the governor. Members of the first commission shall be appointed for staggered terms, five ending on December 31, 1975 and five on December 31 of each of the following two years. Thereafter, appointments shall be for terms of three years or less made in such manner that the terms of five members expire on December 31 of each year. At least one member shall be appointed from, and reside in, each planning and development district. A majority of the members appointed shall be women and no more than eight members shall belong to any one political party. B. A majority of the commission's members constitutes a quorum for the transaction of business. The governor shall designate a chairman and vice-chairman from among the membership. History: 1953 Comp., § 4-33A-1, enacted by Laws 1974, ch. 90, § 1. ANNOTATIONSCross references. — For Human Rights Act, see Chapter 28, Article 1 NMSA 1978. For discrimination on basis of sex prohibited, see N.M. Const., art. II, § 18. Compiler's notes. — Pursuant to Laws 1977, ch. 252, § 9, the commission on the status of women is administratively attached to the human services department.
NM Stat § 28-3-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 3 - Commission on the Status of Women|Section 28-3-2 - Commission on the status of women; duties.

The commission shall: A. stimulate and encourage throughout the state the study and review of the status of women in New Mexico and may act as a clearinghouse for all activities involving the status of women; B. recommend methods of overcoming discrimination against women in public and private employment; C. promote methods for enabling women to develop their skills, continue their education and be retrained; D. cooperate with and assist public and private entities dealing with women; E. conduct periodic conferences throughout the state to apprise women of their rights and opportunities and to learn from them of their needs and problems; and F. secure recognition of women's accomplishments and contributions to New Mexico. History: 1953 Comp., § 4-33A-2, enacted by Laws 1974, ch. 90, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Application of state law to sex discrimination in employment, 87 A.L.R.3d 93.
NM Stat § 28-3-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 3 - Commission on the Status of Women|Section 28-3-3 - Commission on the status of women; powers.

The commission: A. may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and B. is designated as the state agency for handling all United States government programs related to the status of women except those designated by law as the responsibility of another state agency, and may enter into agreements and contracts with agencies of the United States government for this purpose. History: 1953 Comp., § 4-33A-3, enacted by Laws 1974, ch. 90, § 3.
NM Stat § 28-3-4 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 3 - Commission on the Status of Women|Section 28-3-4 - Commission on the status of women; staff.

The commission shall appoint a director, who is the administrative officer of the commission. The director shall employ other necessary employees under the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1953 Comp., § 4-33A-4, enacted by Laws 1974, ch. 90, § 4.