Section 44-8-10 – Appeal and stay of appointment of a receiver.
If an appeal is taken from a district court from a judgment or an order appointing a receiver, perfecting of an appeal from such judgment or order shall not stay enforcement of the judgment or order unless a bond, in a sum fixed by the district court, is given and posted on condition that if […]
Section 44-9-1 – Short title.
This act [44-9-1 to 44-9-14 NMSA 1978] may be cited as the “Fraud Against Taxpayers Act”. History: Laws 2007, ch. 40, § 1. ANNOTATIONS Cross references. — For the New Mexico finance authority, see 6-21-4 NMSA 1978. For the mortgage finance authority, see 58-18-4 NMSA 1978. For the New Mexico lottery authority, see 6-24-5 NMSA […]
Section 44-9-2 – Definitions.
As used in the Fraud Against Taxpayers Act: A. “claim” means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision; B. “employer” includes an individual, corporation, firm, […]
Section 44-9-3 – False claims; liability; penalties; exception.
A. A person shall not: (1) knowingly present, or cause to be presented, to an employee, officer or agent of the state or a political subdivision or to a contractor, grantee or other recipient of state or political subdivision funds a false or fraudulent claim for payment or approval; (2) knowingly make or use, or […]
Section 44-9-4 – Investigation by the attorney general; delegation; civil action.
A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to the Fraud Against Taxpayers Act. B. The attorney general may in appropriate […]
Section 44-9-5 – Civil action by qui tam plaintiff; state or political subdivision may intervene.
A. A person may bring a civil action for a violation of Section 44-9-3 NMSA 1978 on behalf of the person and the state or political subdivision. The action shall be brought in the name of the state or political subdivision. The person bringing the action shall be referred to as the qui tam plaintiff. […]
Section 44-8-6 – Qualifications for receivers.
A receiver shall meet the following qualifications: A. the person must be at least eighteen years of age or a corporation or other business entity in good standing authorized to do business in New Mexico; B. the person must not be otherwise disqualified under applicable state or federal law to administer the receivership estate; C. […]
Section 44-7B-2 – Definitions.
As used in the Mediation Procedures Act [44-7B-1 NMSA 1978]: A. “mediation” means a process in which a mediator: (1) facilitates communication and negotiation between mediation parties to assist them in reaching an agreement regarding their dispute; or (2) promotes reconciliation, settlement or understanding between and among parties; B. “mediation communication” means a statement, whether […]
Section 44-7B-3 – Scope.
A. Except as otherwise provided in Subsection B of this section, the Mediation Procedures Act [44-7B-1 NMSA 1978] applies to all mediators, nonparty participants, mediation parties and a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or are referred to mediation by a court, […]
Section 44-7B-4 – Confidentiality.
Except as otherwise provided in the Mediation Procedures Act [44-7B-1 NMSA 1978] or by applicable judicial court rules, all mediation communications are confidential, and not subject to disclosure and shall not be used as evidence in any proceeding. History: Laws 2007, ch. 11, § 4. ANNOTATIONS Effective dates. — Laws 2007, ch, 11, § 7 […]