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Ex. DUT-NM-003 Standing duty Primary source read

NMSA 1978, Section 24-1-21 (Penalties)

Public Health Act: petty misdemeanor for violating the Act or any order, rule or regulation adopted under it; civil enforcement by the department

Legislature of New Mexico (Public Health Act) · New Mexico (State)

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The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Act, NMSA 1978, Sections 24-1-1 to 24-1-40
Effective
standing throughout 2020-2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally, including businesses and their owners
Character
order penalty
Collection
Standing duties: New Mexico DUT-NM

Operative words

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to [it] is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment... not to exceed six months or both... The department also may enforce its rules and orders by any appropriate civil action.

Penalty

Petty misdemeanor: fine up to $100, imprisonment up to six months, or both; civil action

What it required

Made every violation of a public health order a crime and authorized the department to enforce its orders by civil action, with the Attorney General representing the department; the criminal sanction recited in the March 23, 2020 order and in the Governor's July 1, 2020 announcement of the $100 face-covering fine (Exs. NM-006, NM-023).

Retrieval note

Same exhibit file as DUT-NM-001. Quoted in full in Grisham v. Reeb, 2021-NMSC-006, para. 20 (Ex. DUT-NM-012). Businesses served with notices of violation in 2020 were warned 'of the possibility of a criminal citation (under the PHA, § 24-1-21), followed by referral to the DOH pursuant to the PHERA, for a civil administrative penalty of up to $5,000 for each violation' (Reeb para. 4).