{"id":"DUT-NM-012","kind":"duty","level":"court","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of New Mexico (Vigil, J., for a unanimous Court)","authority":"Superintending control and original jurisdiction, N.M. Const. art. VI, § 3; Public Health Emergency Response Act § 12-10A-19; Public Health Act §§ 24-1-3, -15, -21","instrument":"Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020)","title":"Opinion holding that the Legislature empowered the Governor and Secretary of Health to enforce public health emergency orders restricting business operations through the $5,000 civil administrative penalty of Section 12-10A-19","dateIssued":"2020-11-05","effective":"2020-11-05","end":"standing precedent","startDate":"2020-11-05","endDate":"2021-09-30","quarters":["2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","GATH"],"addressees":["businesses and persons subject to the public health orders"],"clause":"Did New Mexico\u0027s Legislature empower Petitioners to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19 of the Public Health Emergency Response Act (PHERA), NMSA 1978, §§ 12-10A-1 to -19 (2003, as amended through 2015)? As we explain below, the answer is \u0027yes.\u0027","enforcement":"Civil administrative penalty up to $5,000 for each violation (§ 12-10A-19), cumulative with the petty misdemeanor of § 24-1-21","functions":[],"notes":"Confirmed that every business subject to a public health order was exposed to a $5,000 civil administrative penalty for each violation, that the Secretary was \u0027authorized (under the PHERA and the PHA, concurrently) to issue emergency orders forbidding gatherings of people to control and abate the transmission of COVID-19 in locales such as restaurants\u0027 (¶ 30), and that the penalty provision reaches \u0027orders restricting the operation of businesses\u0027 (¶ 40); the opinion records the notices of contemplated action at $5,000 per day against Jalisco Cafe, Arroyo Vino and Papa\u0027s Pawn (¶ 5). Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://nmonesource.com/nmos/nmsc/en/493228/1/document.do","snapshot":"","fileExists":true,"fileBytes":417513,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NM","url":"/library/DUT-NM-012","exhibitUrl":"/exhibit/DUT-NM-012","citation":"Supreme Court of New Mexico (Vigil, J., for a unanimous Court), Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020) (standing) (Ex. DUT-NM-012)","stateName":"New Mexico","related":["DUT-NM-003","DUT-NM-005","DUT-NM-013","DUT-NM-015"]}