reglab/housing_qa huggingface dataset:
NM Stat § 69-36-15 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 36 - Mining|Section 69-36-15 - Administrative review.

A. Any order, penalty assessment or issuance or denial of a permit by the director pursuant to the New Mexico Mining Act shall become final unless a person who is or may be adversely affected by the order, penalty assessment or issuance or denial of a permit files, within sixty days from the date of notice of the order, penalty assessment or issuance or denial of a permit, a written petition to the commission for review of the order, penalty assessment or issuance or denial of a permit by the director. B. The commission shall set a hearing no sooner than thirty days and no later than sixty days from the date of receipt of the petition. C. Evidence in support of, or to challenge, the action of the director shall be heard by the commission or by a hearing officer appointed by the commission. D. A verbatim record of the hearing shall be made and preserved by the commission or the hearing officer. E. A recommendation based on the record shall be made by the hearing officer and presented to the commission. The commission shall issue findings of fact and a final decision in the proceedings. F. The chairman of the commission may issue subpoenas to compel attendance of witnesses and for documents relevant to the action to be heard before the commission. The Rules of Civil Procedure for the District Courts shall govern discovery procedures in commission hearings. History: Laws 1993, ch. 315, § 15. ANNOTATIONSAdministrative review. — A challenge to the issuance of a permit must pursue an administrative review under this section before proceeding with a "citizen suit" under 69-36-14 NMSA 1978. Pueblo of Picuris v. N.M. Energy, Minerals & Natural Res. Dep't, 2001-NMCA-084, 131 N.M. 166, 33 P.3d 916, cert. denied, 131 N.M. 221, 34 P.3d 610 (2002).
NM Stat § 69-36-16 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 36 - Mining|Section 69-36-16 - Judicial review.

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. History: Laws 1993, ch. 315, § 16; 1998, ch. 55, § 84; 1999, ch. 265, § 86. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C. The 1998 amendment, effective September 1, 1998, substituted "rule" for "regulation" and "rules" for "regulations" throughout the section; rewrote Subsection C; deleted former Subsections D through F relating to procedures on appeal; and made minor stylistic changes throughout the section. Authority of court of appeals. — Even though the commission had taken no action against miners under the challenged regulations, the court of appeals had the power and authority to review the regulations. Old Abe Co. v. N.M. Mining Comm'n, 1995-NMCA-134, 121 N.M. 83, 908 P.2d 776, 120 N.M. 828, 907 P.2d 1009. The court of appeals was without authority to review the constitutionality of the New Mexico Mining Act (69-36-1 to 69-36-20 NMSA 1978) in the case of an appeal challenging regulations on their face. Old Abe Co. v. N.M. Mining Comm'n, 1995-NMCA-134, 121 N.M. 83, 908 P.2d 776, 120 N.M. 828, 907 P.2d 1009. Discretion of commission. — New Mexico mining commission acted within its discretion in ruling that the El Cajete mine was a new mining unit of the Las Conchas mine, rather than a new mining operation; the mines were owned by the same mining company and were substantially interrelated. Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806.
NM Stat § 69-36-17 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 36 - Mining|Section 69-36-17 - Civil penalties.

A. Civil penalties may be assessed by the director or the commission for violations of the New Mexico Mining Act, including a violation of a regulation of the commission, an order of the director, a permit condition and the order resulting from a hearing. B. Civil penalties assessed by the director or the commission shall be imposed pursuant to regulations adopted by the commission. Any penalty assessed shall not exceed ten thousand dollars ($10,000) per day of noncompliance for each violation. C. Circumstances to be considered by the commission or the director in determining the amount of the penalty to be assessed shall be the seriousness of the violation, efforts to comply with the requirements of the New Mexico Mining Act, recent history of violations and other relevant factors as determined by the commission and regulations adopted by the commission. D. Any penalty imposed by the director may be appealed to the commission, and any order of the commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty. History: Laws 1993, ch. 315, § 17.
NM Stat § 69-36-18 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 36 - Mining|Section 69-36-18 - Criminal penalties.

A. Any person who knowingly or willfully violates the New Mexico Mining Act, regulations adopted by the commission or a condition of a permit issued pursuant to the New Mexico Mining Act or fails or refuses to comply with a final decision or order of the commission or the director is guilty of a misdemeanor and is subject to a fine not to exceed ten thousand dollars ($10,000) per day of violation or imprisonment of up to one year, or both. B. Cases seeking criminal penalties shall be brought in the district court in Santa Fe. C. Circumstances to be considered by the district court in determining the sentence shall be the seriousness of the violation, the efforts taken to comply with the requirements of the New Mexico Mining Act and the recent history of violations of the defendant. History: Laws 1993, ch. 315, § 18.
NM Stat § 69-36-20 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 36 - Mining|Section 69-36-20 - Remedy.

Nothing in the New Mexico Mining Act shall limit any right that any person or class of persons may have pursuant to any statute or common law to seek enforcement of the New Mexico Mining Act and the regulations adopted pursuant to that act, or to seek any other relief. History: Laws 1993, ch. 315, § 20.
NM Stat § 70-1-2 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 1 - Assignments and Leases|Section 70-1-2 - [Effect of recording or failure to record.]

Such records shall be notice to all persons of the existence and contents of such assignments and other instruments so recorded from the time of filing the same for record, and no assignment or other instrument of transfer affecting the title to such royalties not recorded as herein provided shall affect the title or right to such royalties of any purchaser or transferee in good faith, without knowledge of the existence of such unrecorded instrument. History: Laws 1927, ch. 76, § 2; C.S. 1929, § 97-502; 1941 Comp., § 69-102; 1953 Comp., § 65-2-2. ANNOTATIONSConstructive notice of prior assignment of federal leases. — Plaintiff was an innocent purchaser for value, under 14-9-1 to 14-9-3 NMSA 1978, of oil and gas lease interests since the records at federal land office did not constitute constructive notice to purchaser of a prior assignment; rather, to constitute such notice, 70-1-1 NMSA 1978 et seq., requires assignments of interests and royalties in federal oil and gas leases to be recorded in the appropriate county clerk's office. Bolack v. Underwood, 340 F.2d 816 (10th Cir. 1965). Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 20.
NM Stat § 70-1-3 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 1 - Assignments and Leases|Section 70-1-3 - [Forfeiture of oil, gas or mineral lease; release from record.]

Whenever any oil, gas or other mineral lease heretofore or hereafter executed shall become forfeited, it shall be the duty of the lessee, his, or its heirs, executors, administrators, successors or assigns, within thirty days from the date this act [70-1-3 to 70-1-5 NMSA 1978] shall take effect, if the forfeiture occurred prior thereto, and within thirty days from the date of the forfeiture of any and all other leases, to have such lease released from record in the county where the leased land is situated, without cost to the owner thereof. History: Laws 1925, ch. 118, § 1; C.S. 1929, § 97-301; 1941 Comp., § 69-103; 1953 Comp., § 65-2-3. ANNOTATIONSProof of substantial damage from undrilled tract. — Irrespective of standard of duty which should be imposed upon lessee of two oil and gas leaseholds when he has drilled one leasehold, or which remedies are available to the lessor, there must first be proof of substantial drainage from undrilled tract, and where there was substantial evidence to support trial court's finding that little or no drainage had occurred, that finding would not be overturned on appeal. Cone v. Amoco Prod. Co., 1975-NMSC-007, 87 N.M. 294, 532 P.2d 590. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 212; 53A Am. Jur. 2d Mines and Minerals §§ 226, 228. Surrender clause as affecting validity of oil or gas lease, 3 A.L.R. 378. Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526. Acceptance of rents or royalties under oil and gas lease as waiver of forfeiture for breach of covenant or condition regarding drilling of wells, 80 A.L.R. 461. Lessor's acceptance of royalty under gas and oil lease after lease has expired as precluding him from insisting upon expiration, 113 A.L.R. 396. Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil and gas lease for failure to complete well or commence drilling, 5 A.L.R.2d 993. Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321. Rights of parties to oil and gas lease or royalty deed after expiration of fixed term where production temporarily ceases, 100 A.L.R.2d 885. Gas and oil lease force majeure provisions: construction and effect, 46 A.L.R.4th 976. 58 C.J.S. Mines and Minerals §§ 173, 184, 205.
NM Stat § 70-1-4 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 1 - Assignments and Leases|Section 70-1-4 - [Failure to execute release; action to obtain release; damages; attachment.]

Should the owner of such lease neglect or refuse to execute a release as provided by this act [70-1-3 to 70-1-5 NMSA 1978], then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his, or its heirs, executors, administrators, successors or assigns, the sum of one hundred dollars ($100.00) as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases. History: Laws 1925, ch. 118, § 2; C.S. 1929, § 97-302; 1941 Comp., § 69-104; 1953 Comp., § 65-2-4. ANNOTATIONSCross references. — For attachment, see 42-9-1 NMSA 1978.
NM Stat § 70-1-5 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 1 - Assignments and Leases|Section 70-1-5 - [Demand for release must precede action.]

At least twenty days before bringing the action provided for in this act [70-1-3 to 70-1-5 NMSA 1978], the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letterpress or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original. History: Laws 1925, ch. 118, § 3; C.S. 1929, § 97-303; 1941 Comp., § 69-105; 1953 Comp., § 65-2-5.
NM Stat § 70-2-1 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-1 - Short title.

Chapter 70, Article 2 NMSA 1978 may be cited as the "Oil and Gas Act". History: 1953 Comp., § 65-3-1.1, enacted by Laws 1977, ch. 237, § 1; 1989, ch. 130, § 13. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "Chapter 70, Article 2 NMSA 1978" for "Sections 65-3-1.1 through 65-3-31 and 65-3-35 and 65-3-36 NMSA 1953". Law reviews. — For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Res. J. 283 (1977).
NM Stat § 70-2-5 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-5 - Oil conservation division; director; state petroleum engineer.

A. The director of the oil conservation division of the energy, minerals and natural resources department shall be known as the "state petroleum engineer". B. The director shall be appointed by the secretary of energy, minerals and natural resources and shall: (1) be a resident of this state; and (2) be registered by the state board of registration for professional engineers and land surveyors as a petroleum engineer; or (3) by virtue of education and experience have expertise in the field of petroleum engineering. History: 1953 Comp., § 65-3-4.1, enacted by Laws 1977, ch. 255, § 40; 1987, ch. 234, § 59. ANNOTATIONSThe 1987 amendment, effective July 1, 1987, in Subsection A, inserted "of the energy, minerals and natural resources department" following "the director of the oil conservation division" and, in Subsection B substituted "energy, minerals and natural resources" for "the energy and minerals department". Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 148.
NM Stat § 70-2-7 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-7 - Rules of procedure in hearings; manner of giving notice; record of rules, regulations and orders.

The oil conservation division of the energy, minerals and natural resources department shall prescribe by rule its rules of order or procedure in hearings or other proceedings before it under the Oil and Gas Act [this article]. History: Laws 1935, ch. 72, § 5; 1941 Comp., § 69-206; Laws 1949, ch. 168, § 5; 1953 Comp., § 65-3-6; Laws 1977, ch. 255, § 42; 1987, ch. 234, § 60. ANNOTATIONSCross references. — For State Rules Act, see Chapter 14, Article 4 NMSA 1978. For publication of notice, see 14-11-1 NMSA 1978 et seq. For service of summons in civil actions, see Rule 1-004 NMRA. The 1987 amendment, effective July 1, 1987, rewrote this section to the extent that a detailed comparison is impracticable. Notice of proceedings. — Commission's order increasing spacing requirements for deep wildcat gas wells in certain areas of the state was invalid as to individual holders of working interests and operating rights affected thereby because the holders were not afforded reasonable notice of the proceedings as required by the New Mexico Oil and Gas Act and its implementing regulations. Johnson v. N.M. Oil Conservation Comm'n, 1999-NMSC-021, 127 N.M. 120, 978 P.2d 327. Oil well spacing increase application. — A proceeding on an oil and gas estate lessee's application for an increase in oil well spacing was adjudicatory, and the lessor was entitled to actual notice under the due process requirements of the New Mexico and United States constitutions. Uhden v. N.M. Oil Conservation Comm'n, 1991-NMSC-089, 112 N.M. 528, 817 P.2d 721. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 294 et seq. 73A C.J.S. Public Administrative Law and Procedures §§ 134, 135.
NM Stat § 70-2-8 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.

The commission, or any member thereof, or the director of the division or his authorized representative, is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony before it, and to require the production of books, papers and records in any proceeding before the commission or the division. No person shall be excused from attending and testifying or from producing books, papers and records before the commission or the division, or from obedience to the subpoena of the said commission or division, whether such subpoena be signed or issued by one or more of the members of the said commission, or the director of the division, in any hearing, investigation or proceeding held by or before the said commission or division or in any cause or proceeding in any court by or against the said commission or division, relative to matters within the jurisdiction of said commission or division, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such commission or division or court for determination. No natural person shall be subjected to criminal prosecution, or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be required to testify, or produce evidence, documentary or otherwise before said commission or division, or in obedience to its subpoena, or in any cause or proceeding, provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying. History: Laws 1935, ch. 72, § 6; 1941 Comp., § 69-207; Laws 1949, ch. 168, § 6; 1953 Comp., § 65-3-7; Laws 1977, ch. 255, § 43. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 338 et seq. 73A C.J.S. Public Administrative Bodies and Procedure §§ 131, 132.
NM Stat § 70-2-9 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-9 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

In case of failure or refusal on the part of any person to comply with any subpoena issued by said commission or any member thereof, or the director of the division or his authorized representative, or on the refusal of any witness to testify or answer as to any matters regarding which he may be lawfully interrogated, any district court in this state, or any judge thereof, on application of said commission or division, may issue an attachment for such person and compel him to comply with such subpoena and to attend before the commission or division and produce such documents and give his testimony upon such matters as may be lawfully required, and such court or judge shall have the power to punish for contempt as in case of disobedience of a like subpoena issued by or from such court, or a refusal to testify therein. History: Laws 1935, ch. 72, § 7; 1941 Comp., § 69-208; Laws 1949, ch. 168, § 7; 1953 Comp., § 65-3-8; Laws 1977, ch. 255, § 44. ANNOTATIONSCross references. — For contempt of court, see 34-1-2 to 34-1-5 NMSA 1978.
NM Stat § 70-2-10 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-10 - Perjury; punishment.

If any person of whom an oath shall be required under the provisions of this act, or by any rule, regulation or order of the commission or division, shall willfully swear falsely in regard to any matter or thing respecting which such oath is required, or shall willfully make any false report or affidavit required or authorized by the provisions of this act, or by any rule, regulation or order of the commission or division, such person shall be deemed guilty of perjury and shall be punished by imprisonment in the state penitentiary for not more than five years nor less than six months. History: Laws 1935, ch. 72, § 8; 1941 Comp., § 69-209; Laws 1949, ch. 168, § 8; 1953 Comp., § 65-3-9; Laws 1977, ch. 255, § 45. ANNOTATIONSCompiler's notes. — The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
NM Stat § 70-2-12.1 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-12.1 - Disposition of produced water; no permit required.

No permit shall be required from the state engineer for the disposition of produced water in accordance with rules promulgated pursuant to Section 70-2-12 NMSA 1978 by the oil conservation division of the energy, minerals and natural resources department. History: Laws 2004, ch. 87, § 1. ANNOTATIONSEffective dates. — Laws 2004, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 70-2-12.2 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 2 - Oil Conservation Commission; Division;|Section 70-2-12.2 - Adoption of rules; appeals.

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 [Chapter 14, Article 4 NMSA 1978]. 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. History: Laws 2015, ch. 133, § 1. ANNOTATIONSEffective dates. — Laws 2015, ch. 133 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.