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Ex. DUT-NM-012 Standing duty Primary source read

Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020)

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

Supreme Court of New Mexico (Vigil, J., for a unanimous Court) · New Mexico (Court)

The COVID Project

The record

Jurisdiction
New Mexico
Level
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
Issued
2020-11-05 Nov. 5, 2020
Effective
2020-11-05
End
standing precedent (read as 2021-09-30)
In force
Standing since Nov. 5, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capStanding duty
Addressees
  • businesses and persons subject to the public health orders
Character
adjudication
Collection
Standing duties: New Mexico DUT-NM

Operative words

Did New Mexico's 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 'yes.'

Penalty

Civil administrative penalty up to $5,000 for each violation (§ 12-10A-19), cumulative with the petty misdemeanor of § 24-1-21

What it required

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 'authorized (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' (¶ 30), and that the penalty provision reaches 'orders restricting the operation of businesses' (¶ 40); the opinion records the notices of contemplated action at $5,000 per day against Jalisco Cafe, Arroyo Vino and Papa's Pawn (¶ 5). Character as recorded: adjudication (order_penalty layer).

Retrieval note

Official slip opinion from the New Mexico Compilation Commission (NMOneSource); Opinion Number 2021-NMSC-006, Filing Date November 5, 2020. The Court quotes § 12-10A-19 in full at ¶ 18 and § 24-1-21 at ¶ 20.