{"id":"DUT-NM-005","kind":"duty","level":"state","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of New Mexico (Public Health Emergency Response Act)","authority":"Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to 12-10A-19","instrument":"NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties)","title":"Public Health Emergency Response Act: civil administrative penalty of up to $5,000 for each violation, cumulative with all other remedies","dateIssued":"","effective":"standing throughout 2020-2021","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY"],"addressees":["persons generally, including businesses (Grisham v. Reeb, 2021-NMSC-006, paras. 1, 30, 40)"],"clause":"The secretary of health, the secretary of public safety or the director may enforce the provisions of the [Act] by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act.... The enforcement authority... is in addition to other remedies available against the same conduct under the common law or other statutes of this state.","enforcement":"Civil administrative penalty up to $5,000 for each violation, after a hearing under rules adopted under § 12-10A-17 (7.1.30 NMAC)","functions":[],"notes":"Exposed every person, including every business, that violated a public health emergency order to a civil administrative penalty of up to $5,000 for each violation, cumulative with the criminal penalty of Section 24-1-21; recited in every public health order from March 24, 2020 through September 2021 (Exs. NM-006 para. 6, NM-041 para. 6, NM-060 para. 6, NM-067 para. 6) and enforced by notices of contemplated action against restaurants and retailers at $5,000 per day (Reeb para. 5).","sourceUrl":"https://nmonesource.com/nmos/nmsa/en/4374/1/document.do","snapshot":"","fileExists":true,"fileBytes":1447017,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-NM","url":"/library/DUT-NM-005","exhibitUrl":"/exhibit/DUT-NM-005","citation":"Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties) (standing) (Ex. DUT-NM-005)","stateName":"New Mexico","related":["NM-006","NM-041","NM-060","NM-067","DUT-NM-004","DUT-NM-012"]}