Section 10-16G-11 – Status of investigation; reports to commission.
A. If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation. The commission may dismiss the complaint or instruct the director to continue the investigation of the complaint. Unless the commission […]
Section 10-16G-12 – Investigation report; commission hearings; decisions and reasons given; disclosure of an ethics violation.
A. Upon receipt of the general counsel’s recommendation, the commission or hearing officer shall: (1) dismiss a complaint and notify the complainant and the respondent of the dismissal; or (2) set a public hearing, as soon as practicable. B. At any time before or during a hearing provided for in Subsection A of this section, […]
Section 10-16G-13 – Confidentiality of records; penalty.
A. A decision that a respondent’s conduct constituted a violation, and the terms of a settlement approved by the commission, are public records. Pleadings, motions, briefs and other documents or information related to the decision are public records, except for information that is confidential or protected pursuant to attorney-client privilege, provider-patient privilege or state or […]
Section 10-16G-14 – Criminal violations; referral.
If the commission finds at any time that a respondent’s conduct amounts to a criminal violation, the director shall consult with the attorney general or an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney. The commission may provide the attorney general or district attorney […]
Section 10-16G-15 – Time limitations on jurisdiction.
A. The commission shall not accept or consider a complaint unless the complaint is filed with the commission within the later of two years from the date: (1) on which the alleged conduct occurred; or (2) the alleged conduct could reasonably have been discovered. B. The commission shall not adjudicate a complaint filed against a […]
Section 10-16G-16 – Prohibited actions.
A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith: (1) files a verified complaint with the commission that alleges a violation; or (2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing. […]
Section 10-16F-4 – Warrant; emergency; government duties; notification.
A. Except as otherwise provided in this section, a government entity that executes a warrant or obtains electronic information in an emergency as provided in Section 10-16F-3 NMSA 1978 shall: (1) serve upon or deliver, by registered or first-class mail, electronic mail or other means reasonably calculated to be effective, to the identified targets of […]
Section 10-16F-5 – Violations of law.
A. A person in a trial, hearing or proceeding may move to suppress any electronic information obtained or retained in violation of the United States constitution, the constitution of New Mexico or the Electronic Communications Privacy Act. The motion shall be made, determined and subject to review in accordance with the procedures provided in law. […]
Section 10-16F-6 – Annual reporting.
A. A government entity that obtains electronic communication information under the Electronic Communications Privacy Act shall report to the attorney general beginning in 2021 and every year thereafter on or before February 1. The report shall include, to the extent it reasonably can be determined: (1) the number of times electronic information was sought or […]
Section 10-16G-1 – Short title.
Sections 1 through 16 [10-16G-1 to 10-16G-16 NMSA 1978] of this act may be cited as the “State Ethics Commission Act”. History: Laws 2019, ch. 86, § 1. ANNOTATIONS Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 1 effective July 1, 2019. Applicability. — Laws 2019, ch. 86, […]