reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-14 - Juneteenth Freedom Day established.

The "Juneteenth Freedom Day" is created. It shall be commemorated on the third Saturday in June of each year and be observed by:
A. reflecting on the history of African-American slavery in the United States; the experience of Africans brought to the United States in a five- to twelve-week journey across the Atlantic; the deaths of thousands of Africans who died in inhuman conditions of passage; the abuse of African-American slaves, including whipping, castration, branding and rape; the importance of the Thirteenth Amendment of the United States constitution abolishing slavery throughout the United States and its territories; and the significance of June 19, 1865, the day on which the message of freedom and abolition reached the western states; and
B. recognizing the importance of Americans of African descent as American citizens and New Mexico residents.
History:
Laws 2006, ch. 68, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 68 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.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-15 - Hemophilia Awareness Day.

The governor shall declare the second Monday in June of each year "Hemophilia Awareness Day".
History:
Laws 2007, ch. 98, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 98, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-16 - Firefighter Day of Remembrance.

September 11 of each year shall be set apart and known as "Firefighter Day of Remembrance", celebrating the important, brave and compassionate work of firefighters and honoring all firefighters who have fallen in the line of duty.
History:
Laws 2007, ch. 241, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 242 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-17 - New Mexico Youth Day.

The first Saturday of August of each year shall be set apart and known as "New Mexico Youth Day", celebrating the importance of children in New Mexico. This day shall be observed by the people of New Mexico with activities encouraging parents and guardians to spend time with their children.
History:
Laws 2007, ch. 354, § 1 and Laws 2007, ch. 358, § 1.
ANNOTATIONS
Duplicate laws.
— Laws 2007, ch. 354, § 1 and Laws 2007, ch. 358, § 1, effective June 15, 2007, enacted identical new sections. The section was set out as enacted by Laws 2007, ch. 358, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-18 - Bataan-Corregidor heritage month.

The month of April is designated "Bataan-Corregidor heritage month". The month shall be observed by the people of New Mexico in such efforts and undertakings as shall be in harmony with the general character of the month so established.
History:
Laws 2013, ch. 2, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 2, § 2 contained an emergency clause and was approved February 4, 2013.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-19 - Rudolfo Anaya I Love to Read Day.

October 30 of each year shall be set apart and known as "Rudolfo Anaya I Love to Read Day" in recognition of the contributions made by Rudolfo Anaya to the culture and literature of New Mexico, of his commitment to the teaching of literature and of the critical need to improve the reading proficiency of New Mexicans, particularly children. "Rudolfo Anaya I Love to Read Day" is designated for the people of New Mexico to celebrate reading, strengthen literacy and undertake efforts and expressions in harmony with the general character of the day.
History:
Laws 2019, ch. 166, § 1.
ANNOTATIONS
Effective dates.
Laws 2019, ch. 166, § 1, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-20 - Asian American, Pacific Islander and Native Hawaiian Day.

The first Tuesday of February of each odd-numbered year shall be known and celebrated as "Asian American, Pacific Islander and Native Hawaiian Day" in recognition of the many cultural, economic and historic contributions and sacrifices Asian Americans, Pacific Islanders, Native Hawaiians, East Asians, Southeast Asians, South Asians and all other groups who have migrated from, have historical ties to or identify themselves as from Asia have made to New Mexico. This day shall be observed by the people of New Mexico in efforts and undertakings that celebrate the diversity of cultural and linguistic heritage in New Mexico; honor all past, present and future leaders in New Mexico who are Asian American, Pacific Islander, Native Hawaiian, East Asian, Southeast Asian and South Asian and all other groups who have migrated from, have historical ties to or identify themselves as from Asia; and are in harmony with the general character of the day so established.
History:
Laws 2023, ch. 6, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-21 - Dolores Huerta Day.

April 10 of each year shall be set apart and known as "Dolores Huerta Day", in recognition of the contributions made by labor activist Dolores Huerta, who was born in Dawson, New Mexico, in her work to improve social and economic conditions for farm workers. Dolores Huerta Day is designated for the people of New Mexico to organize as a community and undertake efforts and expressions in harmony with the general character of the day.
History:
Laws 2023, ch. 179, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 179 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-1 - Short title.

Sections 12-6-1 through 12-6-14 [12-6-15] NMSA 1978 may be cited as the "Audit Act."
History:
1953 Comp., § 4-31-1, enacted by Laws 1969, ch. 68, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 3, § 1 enacted a new section of the Audit Act that was compiled as 12-6-15 NMSA 1978, effective June 14, 2019.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 72 Am. Jur. 2d States § 65.
81A C.J.S. States §§ 134, 229.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-2 - Definitions.

As used in the Audit Act:
A. "agency" means:
(1) any department, institution, board, bureau, court, commission, district or committee of the government of the state, including district courts, magistrate or metropolitan courts, district attorneys and charitable institutions for which appropriations are made by the legislature;
(2) any political subdivision of the state, created under either general or special act, that receives or expends public money from whatever source derived, including counties, county institutions, boards, bureaus or commissions; municipalities; drainage, conservancy, irrigation or other special districts; and school districts;
(3) any entity or instrumentality of the state specifically provided for by law, including the New Mexico finance authority, the New Mexico mortgage finance authority and the New Mexico lottery authority; and
(4) every office or officer of any entity listed in Paragraphs (1) through (3) of this subsection; and
B. "local public body" means a mutual domestic water consumers association, a land grant, an incorporated municipality or a special district.
History:
1953 Comp., § 4-31-2, enacted by Laws 1969, ch. 68, § 2; 2003, ch. 273, § 17; 2009, ch. 283, § 2.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2010, in Paragraph (4) of Subsection A, changed the reference from Subsection A through C to Paragraphs (1) through (3) of Subsection A; and added Subsection B.
The 2003 amendment,
effective July 1, 2003, designated the text of the former section as Subsections A, B and D; inserted "or metropolitan" following "district courts, magistrate" in Subsection A; deleted "but not limited to" following "source derived, including" in Subsection B; and added Subsection C.
Water and sanitation districts
created pursuant to the Water and Sanitation District Act, 73-21-1 NMSA 1978 et seq., acequias and community ditch associations subject to Section 73-2-1 NMSA 1978, et seq., and associations created pursuant to the Sanitary Projects Act, 3-29-1 NMSA 1978, et seq., are entities subject to audit under the Audit Act. 1990 Op. Att'y Gen. 90-30.
New Mexico municipal self-insurers' fund.
— The New Mexico municipal self insurers' fund, formed under the provisions of Section 11-1-3 NMSA 1978, authorizing governing bodies to exercise joint powers, and Article 62, Chapter 3 NMSA 1978, governing municipal insurance, is an "agency," as defined in this section and is, therefore, subject to audit by the state auditor under Section 12-6-3 NMSA 1978. 1987 Op. Att'y Gen. No. 87-65.
A conservancy district
is an agency subject to audit by the state auditor. 1989 Op. Att'y Gen. No. 89-07.
The New Mexico Military Institute Foundation, Inc.,
is not an "agency" and, therefore, is not subject to audit by the state auditor. 1988 Op. Att'y Gen. No. 88-79.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-5 - Reports of audits.

A. The state auditor shall cause a complete written report to be made of each annual or special audit and examination made. Each report shall set out in detail, in a separate section, any violation of law or good accounting practices found by the audit or examination. Each report of a state agency shall include a list of individual deposit accounts and investment accounts held by each state agency audited. A copy of the report shall be sent to the agency audited or examined; five days later, or earlier if the agency waives the five-day period, the report shall become a public record, at which time copies shall be sent to:
(1) the secretary of finance and administration; and
(2) the legislative finance committee.
B. The state auditor shall send a copy of reports of state agencies to the department of finance and administration.
C. Within thirty days after receipt of the report, the agency audited may notify the state auditor of any errors in the report. If the state auditor is satisfied from data or documents at hand, or by an additional investigation, that the report is erroneous, the state auditor shall correct the report and furnish copies of the corrected report to all parties receiving the original report.
History:
1953 Comp., § 4-31-5, enacted by Laws 1969, ch. 68, § 5; 1977, ch. 247, § 33; 1983, ch. 26, § 4; 2009, ch. 140, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, deleted "as defined in Section 6-1-12 NMSA 1978"; deleted "the legislative accounting review committee and to"; after "audited or examined", changed "ten" to "five"; and after "five days later", added "or earlier if the agency waives the five-day period"; and in Subsection B, deleted "as defined in Section 6-1-12 NMSA 1978" and "office of the state cash manager", and added "department of finance and administration".
No waiver of immunity under Tort Claims Act.
— Because state auditor was acting within his scope of duty in commissioning a special audit and publishing the report, no waiver of immunity exists under the Tort Claims Act for claims of defamation.
Vigil v. State Auditor's Office
, 2005-NMCA-096, 138 N.M. 63, 116 P.3d 854, cert. denied, 2005-NMCERT-007, 138 N.M. 952, 117 P.3d 952.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-6 - Criminal violations.

Immediately upon discovery of any violation of a criminal statute in connection with financial affairs, the state auditor shall report the violation to the proper prosecuting officer and furnish the officer with all data and information in his possession relative to the violation. An agency or independent auditor shall report a violation immediately to the state auditor.
History:
1953 Comp., § 4-31-6, enacted by Laws 1969, ch. 68, § 6; 2003, ch. 273, § 19.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "An agency or independent auditor shall report a violation immediately" for "Any independent auditor shall report a violation" near the end.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-7 - Shortages in accounts; sureties.

A. The state auditor shall notify the appropriate surety on the official bond whenever an audit discloses a shortage in the accounts of any agency. Failure to notify the surety, however, does not release the surety from any obligation under the bond.
B. Sureties upon official bonds of agencies are not released from liability on official bonds until the state auditor has certified to them that the accounts of the agency have been examined and found to be correct and a clearance of liability is given them.
C. When necessary, the state auditor may institute legal proceedings against sureties upon official bonds of officers and employees. In such proceedings, the officer or employee may set up as a defense that errors have been committed by the state auditor in making charges against him, or that he has been refused proper and legal credit by the state auditor, but the burden of proof is upon the officer or employee to show such facts.
History:
1953 Comp., § 4-31-7, enacted by Laws 1969, ch. 68, § 7.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-8 - Repayment of funds.

If restitution has not been made in thirty days from the receipt by an agency of a report of an audit reflecting a shortage of funds for which the agency is accountable under law, suit to enforce repayment or refund to the agency may be brought by the state auditor.
History:
1953 Comp., § 4-31-8, enacted by Laws 1969, ch. 68, § 8.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-9 - Public depositories.

The state auditor may:
A. require depositories of public money to furnish reconciliation sheets for the purpose of checking the deposits of public funds;
B. inspect the books and records of any depository concerning public funds; and
C. examine employees of a depository under oath concerning the correctness of the reconciliation or any entry upon the books or records of the depository relating to public funds.
History:
1953 Comp., § 4-31-9, enacted by Laws 1969, ch. 68, § 9.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-11 - Oaths; subpoenas.

A. Oaths may be administered by the state auditor when necessary for an audit or examination.
B. When necessary for an audit or examination, the state auditor may apply to the district court of Santa Fe county for issuance of a subpoena to compel the attendance of witnesses and the production of books and records. Process under this section shall be served by any sheriff or deputy or by any member of the New Mexico state police without cost. Witnesses not then employed by an agency who are subpoenaed to appear shall receive the same compensation as that provided for witnesses subpoenaed before the district court, paid by the state auditor.
C. Any person subpoenaed under this section who fails to appear, refuses to testify or fails to produce the required books or records is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
History:
1953 Comp., § 4-31-11, enacted by Laws 1969, ch. 68, § 11.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-12 - Regulations.

The state auditor shall promulgate reasonable regulations necessary to carry out the duties of his office, including regulations required for conducting audits in accordance with generally accepted auditing standards. The regulations become effective upon filing in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
1953 Comp., § 4-31-12, enacted by Laws 1969, ch. 68, § 12.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-13 - Audit fund; payment for audits; expenses of auditor.

A. There is created in the state treasury the "audit fund" into which the state auditor shall deposit all fees and costs received from agencies audited by him.
B. Payments for salaries and expenses of the state auditor shall be made from the audit fund, and the fund shall not revert at the end of any fiscal year.
History:
1953 Comp., § 4-31-13, enacted by Laws 1969, ch. 68, § 13.
ANNOTATIONS
Audit fund was not intended for deposit and appropriation of federal funds.
1980 Op. Att'y Gen. No. 80-40.
Provision of General Appropriation Act of 1980 ineffective in controlling federal funds.
— Insofar as the language in the General Appropriation Act of 1980, Laws 1980, ch. 155, attempted to control the expenditure of federal funds received by the state auditor, it can be of no effect. 1980 Op. Att'y Gen. No. 80-40.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 6 - Audit Act › Section 12-6-15 - Annual financial audit report; state board of finance review.

Within six months after the report is due to the state auditor, each of the educational retirement board, the office of the state treasurer, the public employees retirement association and the state investment council shall present the agency's current annual financial audit report to the state board of finance for review.
History:
Laws 2019, ch. 3, § 1.
ANNOTATIONS
Effective dates.
Laws 2019, ch. 3, § 1, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 7 - Board of Economic Development (Repealed.) › Section 12-7-1 to 12-7-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 297, § 33, repealed 12-7-1 to 12-7-3 NMSA 1978, relating to the board of economic development, effective July 1, 1983. For present provisions,
see
9-15-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-1 - Short title.

This act [12-8-1 to 12-8-25 NMSA 1978] may be cited as the "Administrative Procedures Act."
History:
1953 Comp., § 4-32-1, enacted by Laws 1969, ch. 252, § 1.
ANNOTATIONS
Cross references.
— For applicability of act,
see
12-8-23 NMSA 1978.
For public meetings of policy-making bodies,
see
10-15-1 to 10-15-4 NMSA 1978.
Court of appeals lacks jurisdiction to review decisions of commissioner of revenue
under the Administrative Procedures Act (12-8-1 NMSA 1978 et seq.), but does have jurisdiction to review such decisions under Section 7-1-25 NMSA 1978 of the Tax Administration Act (Chapter 7, Article 1 NMSA 1978).
Westland Corp. v. Comm'r of Revenue
, 1971-NMCA-083, 83 N.M. 29, 487 P.2d 1099, cert. denied, 83 N.M. 22, 487 P.2d 1092.
Presence of counsel during employee interviews.
— Employees may request that counsel of their choosing be present during interviews by the environmental improvement division and such counsel may be company counsel, unless such counsel obstructs and impedes the division's investigation.
Kent Nowlin Constr., Inc. v. Envtl. Improvement Div.
, 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621.
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
For survey, "Administrative Law," see 6 N.M. L. Rev. 401 (1976).
For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973).
For note, "Administrative Law Whole Record Review and the Real Story Behind Walck v. City of Albuquerque", see 23 N.M. L. Rev. 237 (1993).
For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).
For comment, "Survey of New Mexico Law: Administrative Law," see 15 N.M.L. Rev. 119 (1985).
For 1984-88 survey of New Mexico administrative law, see 19 N.M.L. Rev. 575 (1990).
For survey of 1988-89 Administrative Law, see 21 N.M.L. Rev. 481 (1991).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 1 et seq.
Appealability under "collateral order" doctrine of order staying or dismissing, or refusing to stay or dismiss, proceedings in United States District Court pending federal or state administrative determination, 40 A.L.R. Fed. 740.
73 C.J.S. Public Administrative Law and Procedure §§ 49 to 114; 73A C.J.S. Public Administrative Law and Procedure §§ 115 to 271.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-3 - Rulemaking requirements.

In addition to other rulemaking requirements imposed by law, each agency shall:
A. adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available;
B. set forth in written form all statements of general policy adopted as authorized by law, including a description of its central and field organization, statements of all delegations of authority and the extent thereof, together with a listing of the established places at which, and the methods whereby, the public may secure information or make submittals or requests;
C. provide written statements of the general course and method by which its functions are channeled and determined, as well as make available all required or suggested forms, together with proper instructions pertaining thereto; and make available for public inspection all rules and other written statements of policy or written interpretations formulated, adopted or used by the agency in the discharge of its functions;
D. except as otherwise provided by law, make available for public inspection all final orders, decisions and opinions issued after the effective date of the Administrative Procedures Act, together with all materials that were before the deciding officers at any time prior to the making of the decision;
E. provide a reasonable manner at a reasonable cost for interested persons to obtain copies of items set forth in this section; and
F. not act in any manner or in any matter except in strict conformity with the rules and other written statements or items required in this section, and no person shall in any manner be required to resort to any procedure or be otherwise affected by any agency action not in strict conformity with the requirements of this section.
History:
1953 Comp., § 4-32-3, enacted by Laws 1969, ch. 252, § 3.
ANNOTATIONS
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M. L. Rev. 1 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 152 et seq.
Estoppel doctrine as applicable against government and its governmental agencies, 1 A.L.R.2d 338.
Sunday or holiday, validity of administrative proceedings conducted on, 26 A.L.R.2d 996.
73 C.J.S. Public Administrative Law and Procedure §§ 87 to 114.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-5 - Filing of rules; when effective.

A. Each agency shall file each rule, amendment or repeal thereof, adopted by it, including all rules existing on the effective date of the Administrative Procedures Act, according to the State Rules Act [Chapter 14, Article 4 NMSA 1978] unless the rules have already been so filed.
B. Each rule hereafter adopted is effective fifteen days after filing, unless a longer time is provided by the rule, and compliance with other law.
History:
1953 Comp., § 4-32-5, enacted by Laws 1969, ch. 252, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure § 114.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 110, § 11 repealed former 12-8-6 NMSA 1978, as enacted by Laws 1969, ch. 252, § 6, relating to the publication of agency rules, effective July 1, 1995. For provisions of former section,
see
1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-7 - Petitions for adoption, amendment or repeal of rules.

Any interested person may petition an agency requesting the promulgation, amendment or repeal of a rule and may accompany his petition with data, views and arguments he thinks pertinent. Within thirty days after the submission of a petition, the agency either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with Section 4 [12-8-4 NMSA 1978] of the Administrative Procedures Act.
History:
1953 Comp., § 4-32-7, enacted by Laws 1969, ch. 252, § 7.
ANNOTATIONS
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 221 et seq.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-8 - Judicial review by declaratory judgment; granting relief not otherwise provided for.

A. Unless otherwise provided by law, the validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of Santa Fe county, if the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the interests, rights or privileges of the plaintiff. Any representative association, including but not limited to trade associations, labor unions or professional organizations, may file the action if one or more of its members could qualify as a plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
B. The district court of Santa Fe county may enter orders after reasonable notice and hearing upon any matter not otherwise provided for in the Administrative Procedures Act, including but not limited to procedural or substantive matters of law or equity. This right may be utilized at any stage of a proceeding, and failure to utilize the right until final decision, action or order shall not be deemed a waiver thereof. If such questions are raised upon review or appeal in the court of appeals, the court of appeals may enter any orders which could have been entered by the district court.
History:
1953 Comp., § 4-32-8, enacted by Laws 1969, ch. 252, § 8.
ANNOTATIONS
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 22A Am. Jur. 2d Declaratory Judgments §§ 89 to 91, 93, 96 to 98, 100, 120.
73 C.J.S. Public Administrative Law and Procedure §§ 44, 93.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-9 - Agency declaratory rulings.

Each agency shall by rule establish a system for declaratory rulings as to the applicability of any statutory provision, rule, decision or order. Such rulings shall be issued upon petition by one whose interests, rights or privileges are immediately at stake, except when the agency for good cause finds issuance of such a ruling undesirable. The rule shall permit the declaratory proceeding to be prosecuted by any party having the right to prosecute an action under Section 8 [12-8-8 NMSA 1978] of the Administrative Procedures Act. The agency shall prescribe in its rule the circumstances in which the rulings shall or shall not be issued. Declaratory rulings disposing of petitions have the same status as agency decisions or orders in adjudicatory proceedings and are subject to judicial review.
History:
1953 Comp., § 4-32-9, enacted by Laws 1969, ch. 252, § 9.
ANNOTATIONS
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-12 - Decision.

No agency or member thereof shall:
A. participate in a final decision in an adjudicatory proceeding unless he has heard the evidence or read the record. A final decision or order in an adjudicatory proceeding shall be in writing or stated in the record. A final or tentative decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules or practice or as authorized by the Administrative Procedures Act, a party submits proposed findings of fact and conclusions of law, the agency shall rule upon each proposed finding and conclusion. Parties shall be notified either personally or by mail of any decision or order. A copy of the decision or order shall be delivered or mailed forthwith to each party or to his attorney of record; or
B. impose any sanction or substantive rule or order except within jurisdiction delegated to the agency and as authorized by law.
History:
1953 Comp., § 4-32-12, enacted by Laws 1969, ch. 252, § 12.
ANNOTATIONS
Service of agency decision.
— The state engineer is not required to copy of his decision sustaining or denying a protest against an application for water use upon a party of record, where a copy of the decision has been sent by certified mail to a party's attorney of record.
In re Application of Metro. Invs., Inc.
, 1990-NMCA-070, 110 N.M. 436, 796 P.2d 1132, cert. denied, 110 N.M. 330, 795 P.2d 1022.
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 365 et seq.
Administrative decision or finding based on evidence secured outside of hearing, and without presence of interested party or counsel, 18 A.L.R.2d 552.
Stare decisis doctrine as applicable to decisions of administrative agencies, 79 A.L.R.2d 1126.
73A C.J.S. Public Administrative Law and Procedure §§ 143 to 153.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-13 - Ex-parte consultations.

No party or representative of a party or any other person shall communicate off the record about the case with any agency member who participates in making the decision in any adjudicatory proceeding unless a copy of the communication is sent to all parties to the proceeding. No agency member or representative of the agency shall communicate off the record about the adjudicatory proceedings with any party or representative of a party or any other person unless a copy of the communication is sent to all parties in the proceeding.
History:
1953 Comp., § 4-32-13, enacted by Laws 1969, ch. 252, § 13.
ANNOTATIONS
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Propriety of ex parte communication made in connection with administrative proceeding by interested party or by member or employee of agency (5 USCS § 557(d)(1)), 58 A.L.R. Fed. 834.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-17. to 12-8-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 12-8-17 through 12-8-22 NMSA 1978 as enacted by Laws 1969, ch. 252, §§ 17 through 22, relating to intervention, stay of enforcement of agency decision, record of proceeding, additional evidence, conduct of review, and scope of review, effective September 1, 1998. For provisions of former sections,
see
1997 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
12-18-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-24 - Amending and repealing.

The provisions of the Administrative Procedures Act may be amended, repealed or superseded by another act of the legislature only by direct reference to the section or sections of the Administrative Procedures Act being amended, repealed or superseded.
History:
1953 Comp., § 4-32-24, enacted by Laws 1969, ch. 252, § 24.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8 - Administrative Procedures Act › Section 12-8-25 - Purpose of act; liberal interpretation.

The legislature expressly declares its purpose in enacting the Administrative Procedures Act is to promote uniformity with respect to administrative procedures and judicial review of administrative decisions, and the Administrative Procedures Act shall be liberally construed to carry out its purpose.
History:
1953 Comp., § 4-32-25, enacted by Laws 1969, ch. 252, § 25.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 8A - Governmental Dispute Prevention and Resolution › Section 12-8A-1 - Short title.

Chapter 12, Article 8A NMSA 1978 may be cited as the "Governmental Dispute Prevention and Resolution Act".
History:
Laws 2000, ch. 65, § 1; 2007, ch. 206, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the statutory reference and added "Prevention" to the title of the act .
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added Subsection I.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § 6 effective July 1, 2007.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § effective July 1, 2007.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 206, § 10 made Laws 2007, ch. 206, § 8 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-1 to 12-9-10 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-13 to 12-9-16.1 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Cross references.
— For existing claims and rights,
see
12-9-20 NMSA 1978.
2023 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.
ANNOTATIONS
Cross references.
— For effect of repeal of repealing act,
see
12-2A-15 NMSA 1978.