reglab/housing_qa huggingface dataset:
NM Stat § 59A-52-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-21 - Administrative appeal of orders and modifications.

Any person aggrieved by any order of the state fire marshal or the marshal's deputy, authorized officer or designated agent may appeal to the fire services council within ten days from the date of the service of such order. The council shall hear such party within twenty days after receipt of an appeal request and shall give not less than ten days' written notice of the hearing. Within fifteen days after such hearing, the council shall file its decision and, unless by its authority the order is revoked or modified, the order shall be complied with within the time fixed in the decision, with such time to be not less than thirty days.History: Laws 1984, ch. 127, § 967; 1998, ch. 108, § 41; 2020, ch. 9, § 48. ANNOTATIONSCross references. — For rules governing civil actions, see Rule 1-001 NMRA et seq. For rules governing appeals, see Rule 12-101 NMRA et seq. The 2020 amendment, effective July 1, 2021, required the fire services council to hear appeals of orders issued by the state fire marshal, and made certain technical amendments; and after "may appeal to the", deleted "commission" and added "fire services council", and substituted each succeeding occurrence of "commission" with "council".The 1998 amendment, effective January 1, 1999, substituted "commission" for "state fire board" in two places; in the second sentence, deleted "or parties" preceding "within twenty" and deleted "(20)" following "days after receipt"; substituted "commission" for "state fire board" in the last sentence; and made minor stylistic changes throughout the section.
NM Stat § 59A-52-22 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-22 - Judicial review of order.

A person aggrieved by a decision of the state fire marshal may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 127, § 968; 1998, ch. 55, § 69; 1999, ch. 265, § 72. 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 "fire marshal" for "fire board" and "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 59A-52-23 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-23 - Enforcement of cease and desist orders.

After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The fire services council may likewise commence an action in the district court for Santa Fe county to enforce its decision rendered on appeal from the cease and desist order of the state fire marshal. History: Laws 1984, ch. 127, § 969; 1998, ch. 108, § 42; 2020, ch. 9, § 49. ANNOTATIONSThe 2020 amendment, effective July 1, 2021, substituted "commission" with "fire services council".The 1998 amendment, effective January 1, 1999, inserted "state fire" in the first sentence and substituted "commission" for "state fire board" in the second sentence.
NM Stat § 59A-52-24 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-24 - Penalty for violation of law or rules.

Violation of any of the provisions of Chapter 59A, Article 52 NMSA 1978 or of any of the rules lawfully enacted pursuant to that article shall constitute a misdemeanor for which the punishment shall be a fine of not more than five hundred dollars ($500). Each day any such violation continues shall constitute a separate offense. History: Laws 1984, ch. 127, § 970; 2020, ch. 9, § 50. ANNOTATIONSThe 2020 amendment, effective July 1, 2021, in the section heading, deleted "regulations" and added "rules", after "provisions of", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978", and after "any of the", deleted "regulations" and added "rules".
NM Stat § 59A-52-25 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-25 - Penalty for violation of cease and desist order.

Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues. The attorney general is empowered to bring a civil suit for the enforcement of this section on the relation of the state fire marshal.History: Laws 1984, ch. 127, § 971; 2020, ch. 9, § 51. ANNOTATIONSThe 2020 amendment, effective July 1, 2021, removed a provision directing penalties collected to be credited to the fire protection fund, and made certain technical amendments; after "relation of the", added "state fire", and after "marshal", deleted "Any penalty collected under the provisions of this section shall be credited to the fire protection fund.".
NM Stat § 59A-52-26 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-26 - Volunteer firefighters; stipend.

To the extent consistent with the federal Fair Labor Standards Act of 1938 in order to maintain volunteer status, a volunteer firefighter may be paid a stipend by a public agency to perform the services for which the firefighter volunteered if: A. the stipend represents only actual expenses, reasonable benefits or a nominal fee; and B. the services are not the same type of services that the volunteer is employed to perform for the same public agency paying the stipend. History: Laws 2013, ch. 80, § 1. ANNOTATIONSCross references. — For the federal Fair Labor Standards Act of 1938, see 29 U.S.C. § 201 et seq. Effective dates. — Laws 2013, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 59A-52-27 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-27 - Fire services council created; membership.

A. The "fire services council" is created to advise the state fire marshal's office on fire and emergency services policy. The council consists of ten members as follows:(1) the presiding officer or designee of each of the:(a) New Mexico fire chiefs association;(b) fire and emergency managers affiliate of New Mexico counties;(c) New Mexico state firefighters association;(d) New Mexico emergency medical technician association;(e) New Mexico fire marshals association;(f) metro fire chiefs association; and(g) New Mexico professional fire fighters association;(2) one person appointed by the governor;(3) one person appointed by the president pro tempore of the senate; and(4) one person appointed by the speaker of the house of representatives.B. The fire services council shall select from among its members a chair and vice chair, who shall serve one-year terms. No member shall serve as chair or vice chair for more than two consecutive years.C. The fire services council shall meet as frequently as necessary to conduct business or hold hearings but no less than four times per year. A majority of members of the council constitutes a quorum.D. Council members shall be reimbursed for their per diem and mileage expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall otherwise serve without compensation.E. The fire services council is subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] and the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Individual members of the fire services council are subject to the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978] and the Financial Disclosure Act [10-16A-1 to 10-16A-8 NMSA 1978]. F. An employee of the state fire marshal's office who serves as staff for the fire services council shall not reveal to any person, except another council staff person, any requests or statements disclosed in confidence by a council member, except that this restriction shall not apply to any disclosure that is:(1) protected pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978]; or(2) required by law. History: Laws 2020, ch. 9, § 53. ANNOTATIONSEffective dates. — Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 53 effective July 1, 2021.
NM Stat § 59A-52-27.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 52 - State Fire Marshal|Section 59A-52-27.1 - Fire services council; duties.

The fire services council shall:A. review and comment on proposed changes in fire codes and the proposed budget of the state fire marshal's office;B. consider complaints regarding the performance of the state fire marshal's office and make recommendations to the state fire marshal;C. provide to the secretary of homeland security and emergency management a recommendation on the appointment of the state fire marshal; andD. hear administrative appeals of state fire marshal or deputy state fire marshal orders and modifications.History: Laws 2020, ch. 9, § 54. ANNOTATIONSEffective dates. — Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 54 effective July 1, 2021.
NM Stat § 59A-53-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-1 - Short title.

Chapter 59A, Article 53 NMSA 1978 may be cited as the "Fire Protection Fund Law". History: Laws 1984, ch. 127, § 972; 1989, ch. 312, § 1.
NM Stat § 59A-53-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-2 - Purpose.

It is the purpose of the Fire Protection Fund Law to provide for distribution of funds from the fire protection fund referred to in Section 59A-6-5 NMSA 1978 to municipalities and to county fire districts, in proportion to their respective needs, for use in operation, maintenance and betterment of local fire departments, to the end that the hazard of loss by fire and fire insurance rates may be reduced and the public safety thereby promoted. History: Laws 1984, ch. 127, § 973; 1989, ch. 312, § 2; 2012, ch. 20, § 1. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, incorporated the defined term "municipality" and after "Section 59A-6-5 NMSA 1978 to", deleted "incorporated cities, towns and villages" and added "municipalities". Legislature intended to specifically delineate areas within which the distributed moneys of the fire protection fund could be used. 1964 Op. Att'y Gen. No. 64-30.
NM Stat § 59A-53-2.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-2.1 - Definitions.

As used in the Fire Protection Fund Law: A. "marshal" means the state fire marshal as further identified in Chapter 59A, Article 52 NMSA 1978; and B. "municipality" means an incorporated city, town or village. History: Laws 2012, ch. 20, § 2. ANNOTATIONSEffective dates. — Laws 2012, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
NM Stat § 59A-53-5.3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-5.3 - Fire station and fire protection services across jurisdictional lines.

A. Nothing in the Fire Protection Fund Law shall be construed to prohibit fire protection fund eligibility to a municipal or county fire station or substation that otherwise meets the requirements of the marshal and the requirements of the Fire Protection Fund Law but is not located within the municipality or county. B. Nothing in the Fire Protection Fund Law shall be construed to prohibit mutual aid agreements between municipalities or counties to provide fire protection services across jurisdictional lines. History: Laws 2012, ch. 20, § 6. ANNOTATIONSEffective dates. — Laws 2012, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature. ANNOTATIONS
NM Stat § 59A-53-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-6 - Appeal and review of determination.

The marshal shall promptly notify each municipality and county fire district affected of the marshal's determination of needs, and a municipality or county fire district may appeal from the determination of the marshal to the commission, within ten days after the determination of needs. The commission shall review the determination of the marshal in such informal and summary proceedings as it deems proper and shall certify to the state treasurer annually, on or before the last day of June, the results of all appeals from the determinations of the marshal. The certification by the commission, or by the marshal if no appeal is taken, shall be final and binding on all concerned and not subject to any further review. History: Laws 1984, ch. 127, § 977; 1989, ch. 312, § 6; 1998, ch. 108, § 43; 2012, ch. 20, § 7. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages" and "marshal" for the personal pronoun "his" throughout the section. The 1998 amendment, effective January 1, 1999, substituted "an incorporated" for "any" in the first sentence, substituted "commission" for "state fire board" in two places, and, in the second sentence, substituted "commission" for "state insurance board" and "it deems" for "it may deem".
NM Stat § 59A-53-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-9 - Limitations on expenditures.

No amount so distributed from the fire protection fund to a municipality or to any county fire district shall be expended in connection with the construction, purchase or equipment of any fire station or substation in addition to those existing upon the date of distribution by the state treasurer, during the year following such distribution, without the prior written approval of the marshal. History: Laws 1984, ch. 127, § 980; 1989, ch. 312, § 9; 2012, ch. 20, § 10. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, incorporated the defined term "municipality"; after "fire protection fund to", deleted "any incorporated city, town or village" and added "a municipality".
NM Stat § 59A-53-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-10 - Interest in land for fire stations or substations.

Money distributed from the fire protection fund to a municipality or to a county fire district may be expended or obligated for the construction of buildings for fire stations or substations only if:A. the municipality or county fire district proposing to expend or obligate for that purpose holds fee simple title, not encumbered by any lien, to the land on which it proposes to construct the building; orB. the land is donated in whole or in part to the municipality or county fire district for the purpose, and use of fire protection fund money for the construction or location, where the donor has reserved right of reversion of the land under stated conditions, if the use of money is approved by the marshal in advance and after full investigation and determination that the use would be appropriate and reasonable. History: Laws 1984, ch. 127, § 981; 1989, ch. 312, § 10; 2012, ch. 20, § 11; 2019, ch. 55, § 2. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, removed a provision prohibiting fire protection funds from being awarded to entities having outstanding obligations associated with prior fire protection fund awards; in the section heading, deleted "Purchase of" and added "Interest in", and deleted "or buildings" and added "for fire stations or substations"; in the introductory paragraph, deleted "shall be expended or obligated for the purchase of land or the construction of buildings for fire stations or substations unless all obligations previously incurred for those purposes and to be paid from money distributed from the fire protection fund by the municipality or county fire district have been fully paid and satisfied; and no amount shall" and added "may", and after "substations", deleted "unless" and added "only if"; in Subsection A, after "for that purpose", deleted "money distributed from the fire protection fund", after "the building", deleted "provided, however, that this provision shall not prohibit construction or location of a fire station or substation on", and added "or"; and added subsection designation "B."The 2012 amendment, effective May 16, 2012, incorporated the defined term "municipality" and corrected an error regarding the payment of obligations by county fire districts; substituted the defined term "municipality" for "incorporated cities, towns and villages" throughout the section; and after "fire protection fund by the municipality or", added "county fire". Fee simple title. — Recipient of fire protection fund moneys must have fee simple title, unencumbered, before the moneys can be used to construct buildings. 1964 Op. Att'y Gen. No. 64-30. County to hold title to land for fire stations. — It is the county, and not the independent fire district, which must hold clear title to the land on which fire stations are to be constructed. 1980 Op. Att'y Gen. No. 80-35.
NM Stat § 59A-53-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-11 - Vouchers.

A. Amounts so distributed from the fire protection fund to a municipality or to any county fire district shall be expended under the direction of the chief of the fire department of the municipality or county fire district, upon duly executed vouchers approved as required by law. B. In no event is any amount to be expended for any purpose that does not relate directly to the permitted purposes specifically stated in Sections 59A-53-8 and 59A-53-9 NMSA 1978. History: Laws 1984, ch. 127, § 982; 1989, ch. 312, § 11; 2012, ch. 20, § 12. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, incorporated the defined term "municipality" and corrected an error regarding the expenditure of funds by county fire districts; in Subsection A, after "fire protection fund to" changed "incorporated city, town or village" to "municipality"; after "fire department of the", changed "city, town, village" to "a municipality"; and after "chief of the fire department of the municipality or", added "county fire".
NM Stat § 59A-53-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-12 - Promulgation of rules.

The marshal has authority to promulgate, modify, amend and revoke from time to time rules, including those for mutual aid among and between fire departments; provided that no such rules shall allow any fire department to extend its service in any manner that would jeopardize the fire insurance rates within its municipality or county fire district, as the marshal may determine, in the marshal's discretion, to be necessary, advisable or proper to accomplish the objectives of the Fire Protection Fund Law. Among other things, these rules shall include, but not be limited to, a list of firefighting equipment, apparatus and other items that may properly be purchased by a municipality or by any county fire district from funds distributed from the fire protection fund, and standards of quality, construction and performance to be met by major firefighting appliances, training requirements, firefighting protective clothing and equipment standards, and by fire stations and substations, proposed to be purchased or constructed by a municipality or district from money distributed from the fire protection fund. All rules shall be filed and published as required by law. Rules of this nature heretofore promulgated by the superintendent and now in effect shall continue in effect until hereafter revoked or modified. Nothing in this section shall be construed to grant regulatory authority over the Volunteer Firefighters Retirement Act to the marshal. History: Laws 1984, ch. 127, § 983; 1989, ch. 312, § 12; 2012, ch. 20, § 13. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages" and "marshal" for the personal pronouns "he" and "his" throughout the section; after "rules", deleted "and regulations" throughout the section; and in the third sentence, at the beginning of the sentence, substituted "Rules" for "Regulations".
NM Stat § 59A-53-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 53 - Fire Protection Fund|Section 59A-53-13 - Liability for unauthorized expenditure.

Any person who shall expend, or direct or permit the expenditure of, any money distributed from the fire protection fund for purposes not expressly authorized by Chapter 59A, Article 53 NMSA 1978 or by rules duly promulgated by the marshal pursuant to that article shall be personally liable to the state of New Mexico for the full amount of the money wrongfully expended, together with interest thereon and costs. An action to recover the amount of any wrongful expenditure may be commenced by the attorney general or the district attorney in the county in which the wrongful expenditure was made, upon the filing with the officer of a verified statement describing the wrongful expenditure. History: Laws 1984, ch. 127, § 984; 1989, ch. 312, § 13; 2012, ch. 20, § 14. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, deleted the reference to regulations and in the first sentence, after "or by rules", deleted "and regulations".