Section 59A-52-27.1 – Fire services council; duties.
The fire services council shall: A. review and comment on proposed changes in fire codes and the proposed budget of the state fire marshal’s office; B. consider complaints regarding the performance of the state fire marshal’s office and make recommendations to the state fire marshal; C. provide to the secretary of homeland security and emergency […]
Section 59A-52-25 – Penalty for violation of cease and desist order.
Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues. The attorney general is empowered to bring a civil suit for the enforcement of this section on the relation of the state […]
Section 59A-52-26 – Volunteer firefighters; stipend.
To the extent consistent with the federal Fair Labor Standards Act of 1938 in order to maintain volunteer status, a volunteer firefighter may be paid a stipend by a public agency to perform the services for which the firefighter volunteered if: A. the stipend represents only actual expenses, reasonable benefits or a nominal fee; and […]
Section 59A-52-27 – Fire services council created; membership.
A. The “fire services council” is created to advise the state fire marshal’s office on fire and emergency services policy. The council consists of ten members as follows: (1) the presiding officer or designee of each of the: (a) New Mexico fire chiefs association; (b) fire and emergency managers affiliate of New Mexico counties; (c) […]
Section 59A-52-17 – Rules; public hearing.
No rule shall be adopted or revised under Section 59A-52-16 NMSA 1978 or made effective until after public hearing thereon, of which at least twenty days’ written notice shall be given by certified mail to each motor carrier, producer, refiner, distributor or other person that shall have registered its name and mailing address with the […]
Section 59A-52-19 – Police power of state fire marshal; cooperation of state officers.
A. The state fire marshal or the marshal’s deputy, authorized officer or designated agent shall have full powers as peace officers to enforce the provisions of Chapter 59A, Article 52 NMSA 1978 and all rules issued pursuant to that article. B. The revenue officers and law enforcement officers of the state shall cooperate with the […]
Section 59A-52-20 – Cease and desist orders; certain violations are misdemeanors.
A. When the state fire marshal or the marshal’s deputy, authorized officer or designated agent finds any violation of the rules issued in compliance with Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal’s deputy, authorized officer or designated agent shall issue an order to the owner or the owner’s agent to cease […]
Section 59A-52-21 – Administrative appeal of orders and modifications.
Any person aggrieved by any order of the state fire marshal or the marshal’s deputy, authorized officer or designated agent may appeal to the fire services council within ten days from the date of the service of such order. The council shall hear such party within twenty days after receipt of an appeal request and […]
Section 59A-52-22 – Judicial review of order.
A person aggrieved by a decision of the state fire marshal may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 127, § 968; 1998, ch. 55, § 69; 1999, ch. 265, § 72. ANNOTATIONS Cross references. — For procedures governing administrative appeals to the district […]
Section 59A-52-23 – Enforcement of cease and desist orders.
After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The fire services council […]