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Ex. DUT-NM-005 Standing duty Primary source read

NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties)

Public Health Emergency Response Act: civil administrative penalty of up to $5,000 for each violation, cumulative with all other remedies

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

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The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to 12-10A-19
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 (Grisham v. Reeb, 2021-NMSC-006, paras. 1, 30, 40)
Character
order penalty
Collection
Standing duties: New Mexico DUT-NM

Operative words

The secretary of health, the secretary of public safety or the director may enforce the provisions of the [Act] by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act.... The enforcement authority... is in addition to other remedies available against the same conduct under the common law or other statutes of this state.

Penalty

Civil administrative penalty up to $5,000 for each violation, after a hearing under rules adopted under § 12-10A-17 (7.1.30 NMAC)

What it required

Exposed every person, including every business, that violated a public health emergency order to a civil administrative penalty of up to $5,000 for each violation, cumulative with the criminal penalty of Section 24-1-21; recited in every public health order from March 24, 2020 through September 2021 (Exs. NM-006 para. 6, NM-041 para. 6, NM-060 para. 6, NM-067 para. 6) and enforced by notices of contemplated action against restaurants and retailers at $5,000 per day (Reeb para. 5).

Retrieval note

Same exhibit file as DUT-NM-004. The Supreme Court of New Mexico held that this provision authorizes enforcement of the Secretary's orders 'restricting the operation of businesses' (Ex. DUT-NM-012, para. 40) and that the notices of contemplated action issued to Jalisco Cafe ($20,000), Arroyo Vino ($135,000) and Papa's Pawn ($60,000) rested on it (Reeb para. 5).