2011 New Mexico Statutes
Chapter 44: Miscellaneous Civil Law Matters
Article 9: Fraud Against Taxpayers Act, 44-9-1 through 44-9-14
Section 44-9-9: Certain actions barred.
44-9-9. Certain actions barred.
A. No court shall have jurisdiction over an action brought pursuant to Section 5 of the Fraud Against Taxpayers Act [44-9-5 NMSA 1978] by a present or former employee of the state unless the employee, during employment with the state and in good faith, exhausted existing internal procedures for reporting false claims and the state failed to act on the information provided within a reasonable period of time.
B. No court shall have jurisdiction over an action brought pursuant to Section 5 of the Fraud Against Taxpayers Act against an elected or appointed state official, a member of the state legislature or a member of the judiciary if the action is based on evidence or information known to the state agency to which the false claim was made or to the attorney general when the action was filed.
C. Unless the attorney general determines and certifies in writing that the action is in the interest of the state, no court shall have jurisdiction over an action brought pursuant to Section 5 of the Fraud Against Taxpayers Act when that action is based on allegations or transactions that are the subject of a criminal, civil or administrative proceeding in which the state is a party.
D. Upon motion of the attorney general, a court may, in its discretion, dismiss an action brought pursuant to Section 5 of the Fraud Against Taxpayers Act if the elements of the alleged false or fraudulent claim have been publicly disclosed in the news media or in a publicly disseminated governmental report at the time the complaint is filed.
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