reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 50 - Motor Clubs › Section 59A-50-19 - Administrative penalty.

Upon a determination by hearing that this article has been violated, the superintendent may issue an order requiring the person to cease and desist from engaging in such violation or, if such conduct is in violation of the express provisions of this article, the superintendent may suspend or revoke the person's certificate of authority or registration.
History:
Laws 1984, ch. 127, § 925.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 50 - Motor Clubs › Section 59A-50-20 - Civil penalties.

In addition to any penalties imposed pursuant to other provisions of this article, the district court of the county in which the violation occurred may, in an action filed by the superintendent, impose the following civil penalties:
A. for each violation of this article which the person knew or reasonably should have known was such a violation, a penalty of not more than five thousand dollars ($5,000) for each violation but not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period;
B. for each violation of this article which the person did not know nor reasonably should have known was such a violation, a penalty of not more than one thousand dollars ($1,000) for each violation but not to exceed an aggregate penalty of ten thousand dollars ($10,000) in any six-month period; and
C. for each violation of an order issued by the superintendent pursuant to Section 925 [59A-50-19 NMSA 1978] of this article, while such order is in effect, a penalty of not more than ten thousand dollars ($10,000).
History:
Laws 1984, ch. 127, § 926.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 50 - Motor Clubs › Section 59A-50-21 - Other provisions applicable.

In addition to those referred to in Chapter 59A, Article 50 NMSA 1978 as to particular matters, the following articles and provisions of the Insurance Code [Chapter 59A NMSA 1978] shall also, to the extent reasonably applicable and not in conflict with the provisions of Chapter 59A, Article 50 NMSA 1978 and the reasonable implications thereof, apply as to motor clubs, their sponsors, directors, officers, representatives, personnel and operations. For the purposes of such applicability, a motor club may be referred to in such articles and provisions as an "insurer":
A. Chapter 59A, Article 1 NMSA 1978;
B. Chapter 59A, Article 2 NMSA 1978;
C. Chapter 59A, Article 4 NMSA 1978;
D. Chapter 59A, Article 10 NMSA 1978;
E. Section 59A-12-22 NMSA 1978;
F. Chapter 59A, Article 16 NMSA 1978;
G. the Insurance Fraud Act [Chapter 59A, Article16C NMSA 1978]; and
H. the Insurers Conservation, Rehabilitation and Liquidation Law [Chapter 59A, Article 41 NMSA 1978].
History:
Laws 1984, ch. 127, § 927; 2001, ch. 297, § 8.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added Subsection G; redesignated former Subsection G as Subsection H; deleted former Subsection H, which listed Article 54; and substituted the citation of the provision for the title throughout the section; and made a stylistic change.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-1 - Short title.

Chapter 59A, Article 51 NMSA 1978 may be cited as the "Bail Bondsmen Licensing Law".
History:
Laws 1984, ch. 127, §928; 2005, ch. 259, § 1.
ANNOTATIONS
Cross references.
— For acceptance of bail by designee,
see
31-3-1 NMSA 1078.
For justification of compensated sureties,
see
Rule 5-401B NMRA.
The 2005 amendment,
effective April 6, 2005, added the statutory reference of the act.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bail and Recognizance § 35.
Validity, construction, and application of statutes regulating bail bond business, 13 A.L.R.3d 618.
8 C.J.S. Bail §§ 3, 101.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-2 - Definitions.

As used in the Bail Bondsmen Licensing Law:
A. "bail bondsman" means a limited surety agent or a property bondsman as hereafter defined;
B. "insurer" means any surety insurer that is authorized to transact surety business in this state;
C. "limited surety agent" means any individual appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings and receives or is promised money or other things of value therefor;
D. "property bondsman" means any person who pledges United States currency, United States postal money orders or cashier's checks or other property as security or surety for a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value; and
E. "solicitor" means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, or to assist in the apprehension and surrender of the defendant to the court or in keeping the defendant under necessary surveillance, and to solicit bail bond business, to sign property bonds and to assist in other conduct of the business all as authorized by the employer bail bondsman. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers. A bail bondsman shall register a solicitor with the superintendent within seven days of employment.
History:
Laws 1984, ch. 127, § 929; 2014, ch. 21, § 1.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, required bail bondsmen to register a solicitor with the superintendent; in the introductory sentence, after "As used in", deleted "this article" and added "the Bail Bondsmen Licensing Law"; and in Subsection E, added the last sentence.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-3 - License required; exemption.

A. No person shall act as property bondsman, limited surety agent or solicitor, or perform any functions or duties or exercise any of the powers prescribed for bail bondsmen or solicitors in Chapter 59A, Article 51 NMSA 1978 unless such person is qualified and licensed as provided in that article.
B. Nothing in Chapter 59A, Article 51 NMSA 1978 shall be construed as to prevent any duly licensed and appointed agent of a surety insurer authorized to transact such business in this state from writing bail bonds for such insurer, and such agent shall be subject to and governed by all laws, rules and regulations relating to bail bondsmen under that article while engaged in the activities thereof.
C. Any bail bondsman licensed under the provisions of the Bail Bondsman Licensing Law shall be entitled to post bail bonds in any court in New Mexico subject to court rules regulating the posting of bonds in that court.
History:
Laws 1984, ch. 127, § 930; 1987, ch. 228, § 3.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-6 - Licensing fees.

Fees for filing application for license and examination and for continuance of license shall be paid to the superintendent in advance and shall be in respective amounts as specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code.
History:
Laws 1984, ch. 127, § 933.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-7 - Examination for license.

Examination of an applicant for license as bail bondsman shall be given and conducted by or under authorization of the superintendent and shall otherwise be subject to the provisions governing examination of applicants for license set forth in Article 11 [Chapter 59A, Article 11 NMSA 1978] (licensing procedures) of the Insurance Code.
History:
Laws 1984, ch. 127, § 934.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-8 - Bonding requirements, property bondsmen.

A. Prior to the issuance of a license to act as property bondsman, the applicant therefor shall deposit with the superintendent a surety bond in favor of the superintendent, or in lieu thereof a certificate of deposit, securities or a letter of credit issued by an institution, acceptable to the superintendent, and which letter is irrevocable for the term of the license, in a total aggregate amount of not less than twenty-five thousand dollars ($25,000), conditioned to pay the actual damages resulting to the state or to any member of the public from any violation by the property bondsman of the provisions of the Bail Bondsmen Licensing Law or any other insurance laws. Surety bonds shall be executed by a surety insurer authorized to do business in this state.
B. The bond or deposit shall be maintained for the duration of the license, or, in the case of a surety bond, until the surety is released from liability by the superintendent or until the bond is canceled by the surety. In addition, the bond or deposit shall be maintained until all bonds that have been posted with all courts become exonerated. Without prejudice to any liability incurred prior to expiration or cancellation, the bond may expire, or the surety may cancel a bond by giving written notice to the superintendent at least thirty days prior to the effective date of the cancellation. The licensee shall immediately replace a bond expired or so canceled or make the required deposit in lieu thereof.
History:
Laws 1984, ch. 127, § 935; 2014, ch. 21, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 1984, ch. 127, § 993, provided that any deposit or surety bond filed in lieu thereof with or through the superintendent or state treasurer by any insurer in conjunction with authority to transact business in the state immediately prior to the effective date of the act (January 1, 1985) shall be given effect to the extent it complies with similar bonds required by the act after that date.
The 2014 amendment,
effective May 21, 2014, required that a property bail bondsman's bond or deposit be maintained until all bonds that have been posted with all courts are exonerated; and in Subsection B, added the second sentence.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-9 - Issuance, refusal of license.

The superintendent shall act upon application for license under this article within a reasonable period after the application has been filed with him. If the superintendent finds that the application is complete, that the applicant has taken and passed any required examination, has paid all applicable fees and is otherwise qualified for the license, he shall issue to the applicant in appropriate form the license applied for. Otherwise, the superintendent shall refuse to issue the license and shall promptly notify the applicant thereof in writing stating the grounds for the refusal.
History:
Laws 1984, ch. 127, § 936.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-10 - Duration, continuation, expiration of license.

A. Every bail bondsman and solicitor license issued under this article shall be dated and become effective as of date of issue, and shall continue in force for so long as the licensee remains qualified therefor, unless terminated by the licensee or suspended or revoked, subject to continuation annually by payment in advance of the continuation fee specified therefor in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. Unless so continued the license shall expire as of midnight on April 30th of the current license effective period.
B. Prior to continuation of license of a property bondsman the superintendent may require filing of the licensee's financial statement as of the end of the calendar year next preceding, and may require of all licensees such information in writing concerning operations under the license during the next preceding calendar year as the superintendent deems advisable.
History:
Laws 1984, ch. 127, § 937.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-11 - Return of license; property bondsman notice to courts.

A. Every license issued under the article is at all times the property of the state of New Mexico, and upon any expiration, termination, suspension or revocation thereof the licensee shall promptly return the license to the superintendent for holding (in case of suspension) or cancellation.
B. Any property bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the courts with whom he is registered of such discontinuance. Within thirty (30) days after such discontinuance the licensee shall return his license to the superintendent for cancellation.
History:
Laws 1984, ch. 127, § 938.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-12 - Appointment or termination of solicitors.

A. Every licensed bail bondsman may appoint as solicitor any individual who holds or has qualified for a solicitor's license. Each bail bondsman shall annually, prior to March 1, file with the superintendent an alphabetical list of all solicitors whose appointment and license in this state is to be continued in effect, accompanied by payment of the applicable continuation fees.
B. A bail bondsman terminating the appointment of a solicitor shall, within thirty (30) days, file written notice thereof with the superintendent, together with a statement that he has given or mailed notice to the solicitor. Such notice filed with the superintendent shall state the reasons, if any, for such termination. Information so furnished to the superintendent shall be privileged and shall not be used as evidence in any action against the bail bondsman.
History:
Laws 1984, ch. 127, § 939.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-13.1 - Premium rates.

The superintendent shall conduct public hearings for the purpose of promulgating the premium rates, schedule of charges and rating plan to be charged and used by bail bondsmen. No premium rate that has not been promulgated or otherwise approved by the superintendent shall be charged for any bail bond. Premium rates promulgated by the superintendent shall not be excessive, inadequate or unfairly discriminatory.
History:
Laws 2014, ch. 21, § 9.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 21 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-15 - Duration of suspension; relicensing after revocation.

A. The superintendent in his order suspending a license, shall specify the period during which the suspension is to be in effect, but such period shall not exceed one year subject to modification in the superintendent's discretion. A license which has been suspended shall not be reinstated except upon request for such reinstatement, but the superintendent shall not grant reinstatement if he finds that the circumstances for which the previous license was revoked still exist or are likely to recur.
B. When an individual's license has been revoked, the superintendent shall have the right to refuse to accept an application for another license under this article for a period of one year from the effective date of such revocation, or, if judicial review of such revocation is sought, within two (2) years from the date of final court order or decree affirming the revocation. The superintendent shall not, however, grant a new license to any individual if he finds that the circumstances for which the previous license was revoked still exist or are likely to recur.
C. If licenses as bail bondsman or solicitor as to the same individual have been revoked at two (2) separate times, the superintendent shall not thereafter grant or issue any license to such individual under this article.
D. During the period of suspension or after revocation of the license, the former licensee shall not engage in or attempt or profess to engage in any transaction or business for which a license is required under this article, except that the former licensee may collect premiums on business written prior to the date of the suspension or revocation.
History:
Laws 1984, ch. 127, § 942.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-16 - Administrative fine in lieu.

A. The superintendent may, in the superintendent's discretion, in lieu of license suspension, revocation or refusal, and except on a second offense, impose upon the licensee an administrative penalty of one hundred dollars ($100), or, if the superintendent has found wilful misconduct or wilful violation on the part of the licensee, an administrative penalty not to exceed one thousand dollars ($1,000).
B. The superintendent may allow the licensee a reasonable period, not to exceed thirty days, within which to pay to superintendent the amount of the penalty so imposed. If the licensee fails to pay the penalty in its entirety to the superintendent within the period so allowed, the license of the licensee shall stand suspended or revoked, or continuation refused, as the case may be, upon expiration of such period and without any further proceedings.
History:
Laws 1984, ch. 127, § 943; 2014, ch. 21, § 8.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, increased the maximum amount of the administrative penalty; and in Subsection A, after "an administrative penalty", deleted "of five hundred dollars ($500)" and added "not to exceed one thousand dollars ($1,000)".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-17 - Probation.

If the superintendent finds that one or more causes exist for the suspension, revocation or refusal to continue any license issued under this article the superintendent may, in his discretion, in lieu of such suspension, revocation or refusal, or in connection with any administrative monetary penalty imposed, place the offending licensee on probation for a period not to exceed two (2) years, as specified by the superintendent in his order.
History:
Laws 1984, ch. 127, § 944.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-18 - Repealed.

History:
Laws 1984, ch. 127, § 945; repealed by Laws 2014, ch. 21, § 11.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 21, § 11 repealed 59A-51-18 NMSA 1978, as enacted by Laws 1984, ch. 127, § 945, relating to penalties, effective May 21, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 51 - Bail Bondsmen Licensing › Section 59A-51-19 - Other provisions applicable.

In addition to other provisions of the Insurance Code applicable as to licensing and licensees as referred to in Chapter 59A, Article 51 NMSA 1978, the following provisions of the Insurance Code shall also apply, subject to the provisions of that article and to extent reasonably so applicable, as though the bail bond business was also an insurance business and licensees were also agents or representatives:
A. Chapter 59A, Article 1 NMSA 1978;
B. Chapter 59A, Article 2 NMSA 1978;
C. Chapter 59A, Article 4 NMSA 1978;
D. Chapter 59A, Article 10 NMSA 1978;
E. Section 59A-12-22 NMSA 1978;
F. Chapter 59A, Article 16 NMSA 1978; and
G. Chapter 59A, Article 6 NMSA 1978.
History:
Laws 1984, ch. 127, § 946; 1988, ch. 74, § 3.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-1 - State fire marshal's office created; state fire marshal created.

A. The "state fire marshal's office" is created as a division under the homeland security and emergency management department.
B. The position of "state fire marshal" is created as the director of the state fire marshal's office.
C. The office consists of the:
(1) firefighter training academy program;
(2) fire service support program;
(3) fire investigations program; and
(4) fire code enforcement program.
History:
Laws 1984, ch. 127, § 947; 1998, ch. 108, § 38; 2007, ch. 161, § 5; 2020, ch. 9, § 29.
ANNOTATIONS
Cross references.
— For forest fire protection,
see
68-2-8 NMSA 1978 et seq.
The 2020 amendment,
effective July 1, 2021, created the state fire marshal's office in the Homeland Security and Emergency Management department; in the section heading, added "marshal's office created; state fire"; added a new Subsection A; in Subsection B, after "director of the", deleted "fire marshal division under the public regulation commission" and added "state fire marshal's office"; and added Subsection C.
The 2007 amendment,
effective June 15, 2007, placed the fire marshal division under the public regulation commission.
The 1998 amendment,
effective January 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Fires § 4; 63A Am. Jur. 2d Public Officers and Employees §§ 93, 94.
Validity, construction, and application of the uniform fire code, 46 A.L.R.5th 479.
36A C.J.S. Fires §§ 17, 18.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-1.1 - State fire marshal; appointment; powers and duties.

A. The state fire marshal shall be appointed by the secretary of homeland security and emergency management. The state fire marshal shall be appointed solely on the basis of fitness to perform the duties of state fire marshal and without reference to political party affiliation. The state fire marshal shall be well versed in fire services, including structural fires, training, investigations and code enforcement, as well as administrative duties, including personnel, operating budgets and capital planning and expenditures. The state fire marshal shall have an understanding of insurance services office requirements, wildland firefighting and legislative advocacy.
B. The state fire marshal shall be an at-will employee and is exempt from the federal Fair Labor Standards Act of 1938.
C. The state fire marshal shall:
(1) oversee and manage the state fire marshal's office and direct its activities;
(2) promulgate rules pursuant to the State Rules Act relating to the state fire marshal's office and the fire services council; and
(3) consider advice from the fire services council concerning the adoption of fire safety management policies of the state fire marshal's office.
History:
Laws 2020, ch. 9, § 52.
ANNOTATIONS
Effective dates.
—Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 52 effective July 1, 2021.
Cross references.
— For the federal Fair Labor Standards Act of 1938, see 29 U.S.C. § 201 et seq.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-2 - State fire marshal to administer article.

The state fire marshal shall administer the provisions of Chapter 59A, Article 52 NMSA 1978.
History:
Laws 1984, ch. 127, § 948; 1998, ch. 108, § 39.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, inserted "state fire" preceding "marshal" at the beginning of the section, and substituted "Chapter 59A, Article 52 NMSA 1978" for "this article under the supervision of the state fire board" at the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
44 C.J.S. Insurance § 101.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-3 - Deputy state fire marshal and other employees; qualifications of deputy.

The state fire marshal may employ with the consent of the secretary of homeland security and emergency management deputy state fire marshals and other employees to assist in the execution of the marshal's duties.
History:
Laws 1984, ch. 127, § 949; 1998, ch. 108, § 40; 2007, ch. 161, § 6; 2020, ch. 9, § 30.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, substituted the chief of staff of the public regulation commission with the secretary of homeland security and emergency management for purposes of giving consent to the state fire marshal to employ deputies and other employees; and after "consent of the", deleted "chief of staff of the public regulation commission" and added "secretary of homeland security and emergency management".
The 2007 amendment,
effective June 15, 2007, permitted the state fire marshal to employ deputy fire marshals and other employees with the consent of the chief of staff of the public regulation commission.
The 1998 amendment,
effective January 1, 1999, inserted "state fire" in two places; substituted "may, with the approval of the commission" for "shall have the power to"; deleted "and to set their compensation, subject to state laws and regulations concerning classification and compensation of state employees" near the middle of the section; deleted "as herein provided" following "shall be" near the end of the section; deleted "person" following "experienced in fire" near the end; and deleted "who" following "have completed" near the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees § 509.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-4 - Bonding of employees.

The state fire marshal shall require the bonding of those employees whose duties in the marshal's opinion require such bonds and in an amount determined by the marshal.
History:
Laws 1984, ch. 127, § 950; 2020, ch. 9, § 31.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, after "The", added "state fire", and after "determined by", deleted "him. The premiums of such bonds shall be paid out of the appropriation hereinafter made to".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-5 - Cooperation with other agencies for prevention and control of fires.

The state fire marshal is authorized to cooperate with all other groups, organizations and agencies in this state or in other states in the collection, dissemination and evaluation of information, statistics and suggestions for prevention or control of fires.
History:
Laws 1984, ch. 127, § 951; 2020, ch. 9, § 32.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-6 - Fire protection training programs.

The state fire marshal shall establish and conduct training programs throughout the state for demonstrating and teaching firefighters proper methods of preventing and extinguishing fires.
History:
Laws 1984, ch. 127, § 952; 2020, ch. 9, § 33.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal", and deleted "The marshal shall have available, from funds included in the general appropriation act of each legislature, money for use by him in establishing and conducting such training programs.".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-7 - Teaching fire prevention and control in public schools; rules for school building evacuation.

The state fire marshal shall prescribe reasonable rules and programs for the teaching to all schoolchildren in the state, whether in public or private schools, the proper methods of fire prevention and control. Such rules and programs shall be submitted to the public education department on or before August 1 of each year. Among other things, such rules and programs shall prescribe drills for evacuating school buildings.
History:
Laws 1984, ch. 127, § 953; 2020, ch. 9, § 34.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal", and after "August", deleted "first" and added "1".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-8 - Investigation of fire hazards; abatement.

The state fire marshal is authorized to make investigations, or require the marshal's deputy to make investigations, and reports of existing conditions in the state that are fire hazards and to make reasonable orders for the alleviation of such situations as the marshal may deem necessary. If the orders of the marshal are not carried out by persons to whom they are directed, the marshal shall institute proper proceedings under municipal ordinances or state laws to require compliance with the orders, as the marshal may deem necessary.
History:
Laws 1984, ch. 127, § 954; 2020, ch. 9, § 35.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-9 - May enter upon premises.

The state fire marshal or the marshal's deputy, authorized officer or designated agent shall have authority at all normal hours of operation to enter in and upon all buildings and premises subject to Chapter 59A, Article 52 NMSA 1978 for the purpose of examination and inspection.
History:
Laws 1984, ch. 127, § 955; 2020, ch. 9, § 36.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal", and after "subject to", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-10 - Investigation of fires and explosions; hearings; use of state police laboratory.

The state fire marshal or the marshal's deputies or employees are authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state. The marshal is authorized to require reports from the marshal's deputies concerning all fires and explosions in their districts. For the purpose of such investigations, the marshal and the marshal's deputies or designated persons are authorized to conduct hearings, subpoena witnesses, take testimony and enter upon and examine any building or premises where any fire or explosion or attempt to cause a fire or explosion shall have occurred, or which at the time may be burning. The marshal or the marshal's deputies or designated persons shall also have the power to cause to be produced before them such papers as they may require in making such examination. In addition, the marshal or the marshal's deputies or designated persons may, in their discretion, take full control and custody of such buildings and premises, and place someone in charge of the building and premises as they may deem proper, until their examination and investigation is completed. For evaluation of the evidence, the marshal shall have access to the facilities and personnel of the department of public safety forensic laboratories bureau, and the executive head of the bureau shall cooperate fully with the marshal.
History:
Laws 1984, ch. 127, § 956; 2020, ch. 9, § 37.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, after the first occurrence of "The", added "state fire" preceding "marshal", and after "personnel of the", deleted "state police laboratory" and added "department of public safety forensic laboratories bureau".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fires § 4.
Expert and opinion evidence as to cause or origin of fire, 88 A.L.R.2d 230.
Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.
36A C.J.S. Fires § 17.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-11 - Witnesses; per diem and mileage.

Witnesses or persons subpoenaed pursuant to Chapter 59A, Article 52 NMSA 1978 shall be paid at per diem and mileage rates on the same bases and at the same rates as currently apply as to state employees in general.
History:
Laws 1984, ch. 127, § 957; 2020, ch. 9, § 38.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, after "subpoenaed", deleted "under this article" and added "pursuant to Chapter 59A, Article 52 NMSA 1978", and after "paid", deleted "as to time and expense from the fire marshal's fund".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-12 - Records of fires open to public.

The state fire marshal shall keep open to public inspection, at reasonable hours, all records of fires occurring within the state.
History:
Laws 1984, ch. 127, § 958; 2020, ch. 9, § 39.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, added "state fire" preceding "marshal".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-13 - Transmittal of evidence indicating criminal acts.

The state fire marshal shall furnish to the proper law enforcement officers any evidence that the marshal may discover in the marshal's investigations that indicates criminal acts.
History:
Laws 1984, ch. 127, § 959; 2020, ch. 9, § 40.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, after the first occurrence of "The", added "state fire" preceding "marshal".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-14 - Appropriations.

For the purposes of Chapter 59A, Article 52 NMSA 1978, an appropriation to the homeland security and emergency management department shall be included in the general appropriation act of each legislature, the appropriation to be made from the fire protection fund, which funds are to be paid out by the secretary of finance and administration on vouchers signed by the secretary of homeland security and emergency management.
History:
Laws 1984, ch. 127, § 960; 2020, ch. 9, § 41.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, after "For the purposes of", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978", after "an appropriation", added "to the homeland security and emergency management department", and after "signed by the", deleted "marshal" and added "secretary of homeland security and emergency management".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-14.1 - Firefighter training academy; use fee fund created.

The "training academy use fee fund" is created in the state treasury. All fees received by the state fire marshal for use of the firefighter training academy and its services shall be deposited into the fund; provided that no fee shall be charged the state of New Mexico or any of its agencies, instrumentalities or political subdivisions; and provided further that each contract for services in which a fee is collected shall be entered into pursuant to a business plan that has been approved by the department of finance and administration and reviewed by the legislative finance committee. Balances in the fund shall be available for appropriation to the state fire marshal for paying the operating and capital expenses of the firefighter training academy. Earnings of the fund shall be credited to the fund, and the unexpended or unencumbered balance in the fund shall not revert to any other fund.
History:
Laws 2001, ch. 80, § 1; § 8-8-9.1, recompiled as § 59A-52-14.1 by Laws 2020, ch. 9, § 57.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 57 recompiled former 8-8-9.1 NMSA 1978 as part of Chapter 59A, Article 52, effective July 1, 2021. The section number, 59A-52-14.1 NMSA 1978, was assigned by the compiler.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-15 - Fire prevention; public occupancies regulations.

A. For prevention and control of fires, pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the state fire marshal shall formulate, adopt and promulgate, and amend or revise rules for fire prevention and safe conduct or use of public occupancies and rules concerning the sale, servicing or use of fire safety, prevention, detection or suppression equipment or materials. For the purposes of this provision, "public occupancies" consist of places of assembly, educational occupancies, institutional occupancies, residential occupancies consisting of four or more family units, mercantile occupancies, office occupancies, industrial occupancies, storage occupancies and miscellaneous structures consisting of towers, underground structures and windowless buildings and all buildings owned or occupied by the state government or any political subdivision thereof or by municipal governments.
B. The rules shall follow nationwide standards except in the area of life safety codes, which shall be compatible with the Uniform Building Code, as revised from time to time, issued by the international conference of building officials.
C. The rules shall allow reasonable provision under which facilities in service prior to the effective date of the rules and not in strict conformity therewith may be continued in service. Nonconforming facilities in service prior to the adoption of rules that are found by the state fire marshal to constitute a distinct hazard to life or property shall not be exempt from rules nor permitted to continue in service.
History:
Laws 1984, ch. 127, § 961; 2020, ch. 9, § 42.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in Subsection A, after "control of fires", added "pursuant to the State Rules Act", after the next occurrence of "state fire", deleted "board" and added "marshal", after "public occupancies", added "and rules concerning the sale, servicing or use of fire safety, prevention, detection or suppression equipment or materials", and after "municipal governments.", deleted the remainder of the subsection, which related to procedures for promulgating rules.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-15.1 - Fire and smoke damper and fire control systems; commission rules.

A. The public regulation commission shall issue rules requiring the inspection and testing of fire and smoke dampers and smoke control systems in accordance with national fire protection association standards in places of assembly, educational occupancies, institutional occupancies, residential occupancies consisting of four or more family units, mercantile occupancies, office occupancies, industrial occupancies, storage occupancies and miscellaneous structures consisting of towers, underground structures and windowless buildings and all buildings owned or occupied by the state or any political subdivision thereof or by municipal governments.
B. The rules shall require that:
(1) inspection and testing be conducted by the state or a political subdivision of the state with a fire and life safety enforcement program or other person possessing a fire life safety certification from a program accredited by the American national standards institute; and
(2) the person conducting the inspection or test shall submit findings of noncompliance to the owner of the public occupancy and to the state fire marshal.
History:
Laws 2019, ch. 66, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 66 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 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-16 - Flammable liquids rules; nationwide standards; definition.

A. The state fire marshal shall adopt rules for the safe vehicular transportation, storage, handling and use of flammable and combustible liquids; provided that the state fire marshal shall not adopt any rule conflicting with the jurisdiction of the department of environment over the regulation of storage tanks pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978] or the Ground Water Protection Act [Chapter 74, Article 6B NMSA 1978].
B. The rules shall be in keeping with the latest generally recognized safety standards for flammable and combustible liquids. Rules in substantial conformity with the published standards of the national fire protection association for vehicular transportation, storage, handling and use of flammable and combustible liquids shall be deemed to be in substantial conformity with the generally accepted and recognized standards of safety concerning the same subject matter.
C. The rules shall include reasonable provisions under which facilities in service prior to the effective date of the rules and not in strict conformity therewith may be continued in service. Nonconforming facilities in service prior to the adoption of the rules that are found by the state fire marshal to constitute a distinct hazard to life or property may not be excepted from the rules or permitted to continue in service. For guidance in enforcement, the rules may delineate those types of nonconformities that should be considered distinctly hazardous and those nonconformities that should be evaluated in light of local conditions. If the need for compliance with any rule is conditioned on local factors, the rules shall provide that reasonable notice be given to the proprietor of the facility affected of intention to evaluate the need for compliance and of the time and place at which the proprietor may appear and offer evidence thereon.
D. As used in Chapter 59A, Article 52 NMSA 1978, the term "flammable liquid" means any liquid having a flash point below one hundred degrees Fahrenheit, and "combustible liquid" means any liquid having a flash point at or above one hundred degrees Fahrenheit and below two hundred degrees Fahrenheit.
History:
Laws 1984, ch. 127, § 962; 2001, ch. 325, § 1; 2020, ch. 9, § 43.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in the section heading, deleted "savings clause", and in Subsection A, substituted each occurrence of "commission" with "state fire marshal".
The 2001 amendment,
effective July 1, 2001, substituted "The commission shall adopt rules" for "The state fire board shall formulate, adopt and promulgate and amend or revise rules and regulations" in Subsection A; inserted the proviso at the end of Subsection A; and made stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Garages, validity of regulations as to storage of oil, gasoline, etc., 40 A.L.R. 356, 55 A.L.R. 372, 84 A.L.R. 1147.
Gasoline, validity of regulations as to keeping or storage of, 43 A.L.R. 858, 128 A.L.R. 364.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-17 - Rules; public hearing.

No rule shall be adopted or revised under Section 59A-52-16 NMSA 1978 or made effective until after public hearing thereon, of which at least twenty days' written notice shall be given by certified mail to each motor carrier, producer, refiner, distributor or other person that shall have registered its name and mailing address with the state fire marshal as a party interested in such proceedings, and at which any such interested party may appear and present testimony. Every such notice shall contain a copy of each rule proposed for adoption or revision pursuant to such hearing.
History:
Laws 1984, ch. 127, § 963; 2020, ch. 9, § 44.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in the section heading, substituted "Regulations" with "Rules", after "Section", deleted "962 of this article" and added "59A-52-16 NMSA 1978", and added "state fire" preceding "marshal".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-19 - Police power of state fire marshal; cooperation of state officers.

A. The state fire marshal or the marshal's deputy, authorized officer or designated agent shall have full powers as peace officers to enforce the provisions of Chapter 59A, Article 52 NMSA 1978 and all rules issued pursuant to that article.
B. The revenue officers and law enforcement officers of the state shall cooperate with the marshal or the marshal's deputy, authorized officer or designated agent whenever called upon by any of them for assistance in enforcing Chapter 59A, Article 52 NMSA 1978.
History:
Laws 1984, ch. 127, § 965; 2020, ch. 9, § 46.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in Subsection A, after "The", added "state fire", after "provisions of", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978"; and in Subsection B, after "enforcing", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-20 - Cease and desist orders; certain violations are misdemeanors.

A. When the state fire marshal or the marshal's deputy, authorized officer or designated agent finds any violation of the rules issued in compliance with Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal's deputy, authorized officer or designated agent shall issue an order to the owner or the owner's agent to cease and desist such violations.
B. When there is found any violation of any statute or rules concerning flammable liquids, a cease and desist order shall be issued if the violation constitutes an immediate and distinct hazard to life or property, and any such violation shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). Each day such violation continues constitutes a separate offense.
History:
Laws 1984, ch. 127, § 966; 2020, ch. 9, § 47.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in Subsection A, added "state fire" preceding the first occurrence of "marshal", and after "compliance with", deleted "this article, he or they" and added "Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal's deputy, authorized officer or designated agent".
2023 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.
ANNOTATIONS
Cross 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.