2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10A - Public Health Emergency Response
Section 12-10A-19 - Enforcement; civil penalties.

Universal Citation: NM Stat § 12-10A-19 (2019)

A. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act. A civil administrative penalty may be imposed pursuant to a written order issued by the secretary of health, the secretary of public safety or the director after a hearing is held in accordance with the rules promulgated pursuant to the provisions of Section 12-10A-17 NMSA 1978.

B. The provisions of the Public Health Emergency Response Act shall not be construed to limit specific enforcement powers enumerated in that act.

C. The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.

History: Laws 2003, ch. 218, § 19; 2005, ch. 22, § 3.

ANNOTATIONS

Compiler's notes. — This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.

The 2005 amendment, effective July 1, 2005, restated the statutory reference as Section 12-10A-17 NMSA 1978.

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