A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Financial Disclosure Act, the commission may refer the matter to the attorney general or a district attorney for enforcement.
B. The state ethics commission may institute a civil action in district court or refer a matter to the attorney general or a district attorney to institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Financial Disclosure Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000).
History: Laws 1995, ch. 153, § 25; 2019, ch. 86, § 30.
The 2019 amendment, effective January 1, 2020, authorized the state ethics commission to refer alleged violations of the Financial Disclosure Act to the attorney general or a district attorney for enforcement, and authorized the state ethics commission to institute a civil action or refer a matter to the attorney general or a district attorney to institute a civil action if a violation of the Financial Disclosure Act has occurred; in Subsection A, replaced each occurrence of "secretary of state" with "state ethics commission"; and in Subsection B, added "state ethics commission may institute a civil action in district court or refer a matter to the".
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16A - Financial Disclosures
Section 10-16A-1 - Short title; Financial Disclosure Act.
Section 10-16A-2 - Definitions.
Section 10-16A-5 - Education and voluntary compliance.
Section 10-16A-6 - Investigations; fines; enforcement.
Section 10-16A-7 - Criminal penalties.