2019 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 9 - Fraud Against Taxpayers Act
Section 44-9-4 - Investigation by the attorney general; delegation; civil action.

A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to the Fraud Against Taxpayers Act.

B. The attorney general may in appropriate cases delegate the authority to investigate or to bring a civil action to the state agency or political subdivision to which a false claim was made, and when this occurs, the state agency or political subdivision shall have every power conferred upon the attorney general pursuant to the Fraud Against Taxpayers Act. If the attorney general has delegated authority to a state agency or political subdivision, all references to the attorney general in the Fraud Against Taxpayers Act shall apply to the delegee.

History: Laws 2007, ch. 40, § 4; 2015, ch. 128, § 3.

Cross references. — For the authority of the attorney general to bring civil and criminal action, see 8-5-3 NMSA 1978.

The 2015 amendment, effective June 19, 2015, provided the authority for the attorney general to delegate powers to political subdivisions of the state to investigate suspected violations of the Fraud Against Taxpayers Act; in Subsection A, after "Section", deleted "3 of the Fraud Against Taxpayers Act" and added "44-9-3 NMSA 1978"; in Subsection B, after "action to the state agency", added "or political subdivision", after "occurs, the state agency", added "or political subdivision", and after "Fraud Against Taxpayers Act.", added the last sentence.