2018 New Mexico Statutes
Chapter 28 - Human Rights
Article 1 - Human Rights
Section 28-1-12 - Enforcement.

Universal Citation: NM Stat § 28-1-12 (2018)
28-1-12. Enforcement.

If a respondent to a complaint filed pursuant to the Human Rights Act is not complying with an order of the commission, the attorney general or district attorney, at the request of the secretary, shall secure enforcement of the commission's order by a district court. The proceeding shall be initiated by the filing of a petition in the district court where the respondent is doing business or the alleged discriminatory practice occurred. A copy of the petition shall be served on the respondent personally or by registered mail, return receipt requested. The court may make and enter upon the proceedings an order to decree enforcement of the order of the commission.

History: 1953 Comp., § 4-33-11, enacted by Laws 1969, ch. 196, § 11; 1987, ch. 342, § 23.

ANNOTATIONS

Subject matter jurisdiction could not be raised in enforcement action. — Where the human rights commission's complaint was heard more than fifteen days following service of the complaint; at the hearing on the complaint, respondent argued that the commission had lost subject matter jurisdiction to hear the complaint because the hearing had not occurred within the required time; and respondent did not appeal the commission's adverse judgment, respondent could not challenge the subject matter jurisdiction of the commission in an action filed by the attorney general to enforce the commission's judgment. N.M. Human Rights Comm'n v. Accurate Machine & Tool Co., Inc., 2010-NMCA-107, 149 N.M. 119, 245 P.3d 63, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Pursuit of nonjudicial remedy for employment discrimination as amounting to election against judicial remedy, 103 A.L.R.5th 557.

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