reglab/housing_qa huggingface dataset:
NM Stat § 12-8A-2 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-2 - Definitions.

As used in the Governmental Dispute Prevention and Resolution Act: A. "agency" means the state and its agencies, departments, boards, instrumentalities or institutions that are insured by the division; B. "alternative dispute resolution" means a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues; C. "council" means the alternative dispute prevention and resolution advisory council; D. "department" means the general services department; E. "division" means the risk management division of the department; F. "interested party" means a person having or anticipating a dispute with any agency, or a representative of that person; G. "neutral party" means a person who is trained to provide services as a mediator, arbitrator, facilitator, fact-finder or conciliator who aids parties to prevent or resolve disputes; H. "office" means the bureau known as the office of alternative dispute prevention and resolution in the division; and I. "public facilitation" means collaboration with identified stakeholders concerning public policy issues, including policy dialogues and other techniques to seek consensus, reconcile differences or prevent disputes from arising in the development or implementation of public administration issues. History: Laws 2000, ch. 65, § 2; 2007, ch. 206, § 2. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, eliminated political subdivisions of the state from the definition of "agency", added Subsections C through F and H and I, and defined "neutral party" as a person who is trained to provide dispute prevention and resolution services.
NM Stat § 12-8A-4 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-4 - Agency budgets; contracts for services.

A. An agency shall take fiscal actions necessary to achieve the objectives of the Governmental Dispute Prevention and Resolution Act and pay for costs incurred in taking those actions, including reasonable fees for training, policy review, system design, evaluation and the use of impartial third parties. Unless specifically prohibited by law, an agency may request category transfers pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978 for the purpose of paying the necessary costs incurred in meeting the objectives of the Governmental Dispute Prevention and Resolution Act. B. An agency may contract with another agency or with a private entity for any service necessary to meet the objectives of the Governmental Dispute Prevention and Resolution Act. History: Laws 2000, ch. 65, § 4; 2007, ch. 206, § 4. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the name of the act and required agencies to take fiscal actions to achieve the objectives of the act.
NM Stat § 12-8A-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-5 - Effect on other laws.

Nothing in the Governmental Dispute Prevention and Resolution Act and rules, agreements and procedures developed pursuant to that act: A. limits other dispute prevention or resolution procedures available to an agency; B. denies a person a right granted under federal or other state law, including a right to an administrative or judicial hearing; C. waives immunity from suit or affects a waiver of immunity from suit contained in any other law; D. waives immunity granted under the eleventh amendment to the constitution of the United States; E. authorizes or prohibits binding arbitration as a method of alternative dispute resolution when mutually agreed to in writing by the interested parties; F. authorizes or requires an agency to take any action that is inconsistent or contrary to any law or rule; G. authorizes or requires any meeting, otherwise required to be open to the public, to be closed; H. authorizes or requires any record, otherwise open to public inspection, to be sealed; or I. shall be interpreted to create an additional layer of administrative process or to discourage or impede the use of alternative dispute resolution. History: Laws 2000, ch. 65, § 5; 2007, ch. 206, § 5. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, added Subsection I.
NM Stat § 12-8A-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-6 - Alternative dispute prevention and resolution advisory council created.

A. The "alternative dispute prevention and resolution advisory council" is created in the division. The council consists of nine voting members as follows: (1) the secretary of general services; (2) the secretary of finance and administration; (3) the director of the state personnel office; (4) the superintendent of regulation and licensing; (5) the cabinet secretary or agency head of four other executive branch agencies to be appointed by the governor from among the ten agencies with the highest occurrence of public liability claims per authorized number of staff, no more than two of whom are cabinet secretaries; and (6) the director of the division, who shall serve as chair of the council. B. An agency head may designate a representative to serve on the council. C. The council shall meet at least twice each year. History: Laws 2007, ch. 206, § 6. ANNOTATIONSEffective dates. — Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § 6 effective July 1, 2007.
NM Stat § 12-8A-7 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-7 - Alternative dispute prevention and resolution advisory council; duties.

The council shall: A. review information about the use of alternative dispute resolution, including referrals, and make recommendations to the office to improve the effectiveness of alternative dispute resolution programs; B. develop strategies to encourage and expand the use of public facilitation in government operations; C. recommend to the division appropriate training standards and schedules for neutral parties and agency managers and supervisors; D. review and recommend standards and rules to the division to foster participation in alternative dispute resolution and minimize conflict in the discussion of issues under consideration by interested parties; and E. present an annual report to the department, the governor and the legislature by December 1 of each year on the use, cost and success of alternative dispute resolution programs. History: Laws 2007, ch. 206, § 7. ANNOTATIONSEffective dates. — Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § effective July 1, 2007.
NM Stat § 12-8A-8 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 8A - Governmental Dispute Prevention and Resolution|Section 12-8A-8 - Office of alternative dispute prevention and resolution; created; powers; duties.

A. The "office of alternative dispute prevention and resolution" is created as a bureau of the division. B. In order to promote alternative dispute resolution, the office shall: (1) organize and manage alternative dispute resolution programs for agencies, employees, vendors, businesses regulated by governmental entities and other interested parties; (2) coordinate the use of neutral parties to facilitate alternative dispute resolution for interested parties and training for agency staff; (3) implement development and use of alternative dispute resolution strategies; (4) provide staff support for the council; (5) maintain information and educate government officials about training and use of alternative dispute resolution and referrals; and (6) prepare an annual report for review and presentation by the council on the use, cost and success of alternative dispute resolution programs. History: Laws 2007, ch. 206, § 8. ANNOTATIONSEffective dates. — Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § 8 effective July 1, 2007.
NM Stat § 12-9-1 to 12-9-10 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-1 to 12-9-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 241, § 35, repealed 12-9-1 to 12-9-10 NMSA 1978, relating to the New Mexico Sunset Law, effective April 8, 1981. For present provisions, see 12-9-11 to 12-9-21 NMSA 1978.
NM Stat § 12-9-11 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-11 - Short title.

Sections 1 through 11 [12-9-11 to 12-9-21 NMSA 1978] of this act may be cited as the "Sunset Act." History: Laws 1981, ch. 241, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 24 et seq. 73 C.J.S. Administrative Law and Procedure § 9.
NM Stat § 12-9-12 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-12 - Findings of fact.

The legislature finds that state government actions have produced a substantial increase in numbers of programs and a proliferation of rules and regulations and that the whole process has developed in a haphazard, piecemeal fashion resulting in overlapping and duplication without regulatory accountability or a system of checks and balances. The legislature further finds that by establishing a system for periodic review of certain separate administratively attached and adjunct agencies, it will be in a better position to evaluate the need for the continued existence of the regulatory agencies covered by the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. History: Laws 1981, ch. 241, § 2.
NM Stat § 12-9-13 to 12-9-16.1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-13 to 12-9-16.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1996, ch. 51, § 19 repealed §§ 12-9-13 to 12-9-16.1 NMSA 1978, as enacted by Laws 1981, ch. 241, §§ 3 to 6 and Laws 1990, ch. 16, § 1 and as amended by Laws 1983, ch. 295, § 5 and Laws 1993, ch. 197, § 10, relating to termination of agencies, effective March 5, 1996. For provisions of the former sections, see the 1995 NMSA 1978 on NMOneSource.com.
NM Stat § 12-9-17 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-17 - Wind-up period.

If no action is taken by the legislature to amend the delayed repeal of an agency and its related laws by the date of termination, the agency shall continue until the date of the delayed repeal for the purpose of winding up its affairs. During the wind-up period, the termination shall not reduce or otherwise limit the powers or authority of the agency. History: Laws 1981, ch. 241, § 7. ANNOTATIONSCross references. — For existing claims and rights, see 12-9-20 NMSA 1978.
NM Stat § 12-9-18 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-18 - Renewal of agency life.

The life of any agency scheduled for termination under the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] may be continued by the legislature for periods set by the legislature in such manner that the termination occurs on July 1 of an odd-numbered year, and the delayed repeal of the statutes creating the agency and related statutes becomes effective on July 1 of the next following even-numbered year. History: Laws 1981, ch. 241, § 8. ANNOTATIONSCross references. — For effect of repeal of repealing act, see 12-2A-15 NMSA 1978.
NM Stat § 12-9-19 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-19 - Legislative hearing; action.

A. Prior to the termination of any agency pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978], the legislative finance committee shall hold a public hearing, receive testimony from the public and the head of the regulatory agency involved and make a recommendation to the next session of the legislature for the termination or continuance of the agency. In such hearing, the agency shall have the burden of demonstrating a public need for its continued existence and the extent to which an amendment of the agency's basic statute may increase the efficiency of the administration or operation of the agency. B. In making its recommendation to the legislature, the legislative finance committee shall take into consideration all or applicable parts of the following: (1) the extent to which the agency has permitted qualified applicants to serve the public; (2) the extent to which the agency has operated in the public interest, and the extent to which its operation has been impeded or enhanced by existing statutes, procedures and practices and by budgetary, resources [resource] and personnel matters; (3) the extent to which the agency has recommended statutory changes to the legislature which would benefit the public as opposed to the persons it regulates; (4) the extent to which persons regulated by the agency have exercised control over the policies and actions of the agency and the extent to which the agency requires the persons it regulates to report to it concerning the impact of rules and decisions of the agency regarding improved service, economy of service and availability of service; (5) the extent to which persons regulated by the agency have been required to assess problems in their industry which affect the public; (6) the extent to which the agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates; (7) the efficiency with which formal public complaints filed with the agency concerning persons subject to regulation have been processed to completion by the agency; and (8) the extent to which changes are necessary in the enabling laws of the agency to adequately comply with the above factors. C. The legislative finance committee shall submit legislation for continuation of the agency as an amendment to the delayed repeal section covering the creation of the agency and its related statutes. History: Laws 1981, ch. 241, § 9. ANNOTATIONSCross references. — For effect of repeal of repealing act, see 12-2A-15 NMSA 1978.
NM Stat § 12-9-20 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-20 - Existing claims and rights.

The Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall not cause the dismissal of any claim or right of a citizen against any agency specified therein or any claim or right of such agency terminated pursuant to that act which is subject to litigation. The claims and rights of such agency shall be assumed by the department of finance and administration. Nothing in the Sunset Act shall interfere with the legislature otherwise considering legislation on any agency mentioned therein. History: Laws 1981, ch. 241, § 10. ANNOTATIONSCross references. — For constitutional prohibition against ex post facto laws, see U.S. Const., art. I, § 10 and N.M. Const., art. II, § 19.
NM Stat § 12-9-21 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-21 - Inspection functions; assignment.

The governor may by executive order assign any safety or health inspection function repealed under the terms of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] to any other appropriate state department or agency within the executive department of state government. History: Laws 1981, ch. 241, § 11.
NM Stat § 12-9-22 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9 - Sunset Act|Section 12-9-22 - Regulation review.

Each agency subject to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall review its rules and regulations periodically and, as a result of that review, update its rules and regulations at least once every three years. Each agency subject to the provisions of the Sunset Act shall submit to the department of finance and administration and the legislative finance committee each year a status report on actions the agency took on its rules and regulations during the last fiscal year. History: Laws 1989, ch. 288, § 1.
NM Stat § 12-9A-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-1 - Short title.

This act [12-9A-1 to 12-9A-6 NMSA 1978] may be cited as the "Sunrise Act". History: Laws 1993, ch. 257, § 1.
NM Stat § 12-9A-2 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-2 - Purpose.

The purpose of the Sunrise Act is to assure that an unregulated profession or occupation that is not under the authority of an existing agency and that seeks to create a new board or commission for the public health, safety or welfare complies with the provisions of the Sunrise Act. History: Laws 1993, ch. 257, § 2.
NM Stat § 12-9A-3 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-3 - Criteria for licensure and regulation.

In determining whether to enact legislation to create a new board or commission to provide for licensure or regulation of a profession or occupation that is currently not subject to state licensure or regulation, the legislature shall consider whether the following criteria are met: A. unregulated practice of the profession or occupation will clearly harm or endanger the health, safety or welfare of the public, and the potential for harm is easily recognizable and not remote; B. regulation of the profession or occupation does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners or otherwise create barriers to service that are not consistent with the public welfare or interest; C. existing protections available to the consumer are insufficient, no alternatives to regulation will adequately protect the public and this licensure or regulation will provide that protection and mitigate the problems; D. functions and tasks of the occupation or profession are clearly defined and the occupation or profession is clearly distinguishable from others already licensed or regulated; E. the occupation or profession requires possession of knowledge, skills and abilities that are both teachable and testable and the practitioners operate independently and make decisions of consequence; F. the public needs and can reasonably be expected to benefit from the assurance from the state of initial and continuing professional competence; and G. the public cannot be effectively protected by other means in a more cost-effective manner. History: Laws 1993, ch. 257, § 3.
NM Stat § 12-9A-4 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-4 - Initial review; application fee.

Any group seeking licensure or regulation of a profession or occupation through creation of a new board or commission shall, upon payment of an application fee not to exceed one thousand dollars ($1,000), request a review and evaluation of such proposed licensure or regulation from the regulation and licensing department and the department shall conduct such a review and evaluation and provide a report to the legislative finance committee so it may conduct a hearing or consider action on the proposed licensure or regulation. In conducting a review and evaluation, the department shall consider the criteria in Section 3 [12-9A-3 NMSA 1978] of the Sunrise Act and may require and use any information listed in Section 5 [12-9A-5 NMSA 1978] of that act. History: Laws 1993, ch. 257, § 4.
NM Stat § 12-9A-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-5 - Required information.

If the legislative finance committee recommends creation of a new board or commission to license or regulate a profession or occupation, the following information shall be included with its recommendation: A. the number of individuals or businesses that would be subject to licensure or regulation; B. the names of all appropriate professional or occupational associations and a copy of each association's code of ethics or conduct; C. a list of states that regulate the profession or occupation together with the descriptions and dates of enactment of each state's licensing or regulatory scheme; D. a documentation of the nature and extent of the harm to the public caused by the unregulated practice of the profession or occupation; E. a list and description of complaints that have been lodged against practitioners of the profession or occupation in this state during the preceding three years; F. a list and description of existing laws that affect the profession or occupation and which may protect the public; G. a copy of any federal law mandating or necessitating licensure or regulation; H. the reasons that other types of less restrictive regulation would not effectively protect the public; I. the fiscal impact of the proposed licensure or regulation, including the indirect cost to consumers, and the proposed method of financing the licensure or regulation; and J. the extent to which the proposed licensure or regulation will affect the number and distribution of members of the profession or occupation in the state. History: Laws 1993, ch. 257, § 5.
NM Stat § 12-9A-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9A - Sunrise Act|Section 12-9A-6 - Rulemaking authority.

The regulation and licensing department may adopt and promulgate rules to implement the provisions of the Sunrise Act and assess costs among boards covered by the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 1993, ch. 257, § 6.
NM Stat § 12-9B-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 9B - Emergency Powers Code|Section 12-9B-1 - Short title.

Chapter 12, Articles 10, 10A, 11 and 12 NMSA 1978 may be cited as the "Emergency Powers Code". History: Laws 2005, ch. 22, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 22, § 5 made Laws 2005, ch. 22, § 1 effective July 1, 2005.
NM Stat § 12-10-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 10 - All Hazard Emergency Management|Section 12-10-1 - Short title.

Sections 12-10-1 through 12-10-10 NMSA 1978 may be cited as the "All Hazard Emergency Management Act". History: 1953 Comp., § 9-13-15, enacted by Laws 1959, ch. 190, § 1; 1973, ch. 247, § 1; 2007, ch. 291, § 9. ANNOTATIONSCompiler's notes. — Following the 1978 recompilation of NMSA the scope of the State Civil Emergency Preparedness Act, as defined in this section, read "Sections 12-10-1 through 12-10-10 NMSA 1978". Laws 2002, ch. 83, §§ 2 to 4 purported to enact three new sections of the Uniform Licensing Act in Chapter 61. These sections were reassigned to appear as 12-10-11, 12-10-12 and 12-10-13 NMSA 1978 for more logical placement. Sections 12-10-11, 12-10-12 and 12-10-13 NMSA 1978 are not part of the State Civil Emergency Preparedness Act. Laws 2007, ch. 291, § 9 changed the name of the State Civil Emergency Preparedness Act to the All Hazard Emergency Management Act, effective July 1, 2007. The 2007 amendment, effective July 1, 2007, changed the statutory reference and title of the act from the "State Civil Emergency Preparedness Act" to the "All Hazard Emergency Management Act".