A. The attorney general may, on behalf of the state, examine and investigate any charitable organization subject to the Charitable Solicitations Act to ascertain the conditions of its affairs and to what extent, if at all, it fails to comply with the trusts that it has assumed or if it has departed from the purposes for which it was formed. In the case of failure or departure, the attorney general may institute, in the name of the state, a proceeding necessary to correct the noncompliance or departure by any remedy available under the common law.
B. The attorney general may, in the name of the state, seek injunctive relief, civil penalties, financial accounting or restitution from any person who has failed to comply with the registration, filing or disclosure provisions of the Charitable Solicitations Act or who has otherwise violated the provisions of that act.
C. The attorney general, in the name of the state, may initiate appropriate proceedings to seek compliance with the provisions of the Charitable Solicitations Act and with any rules promulgated by the attorney general pursuant to that act. The attorney general may promulgate rules for the proper administration of that act.
D. Nothing in this section shall be construed to preclude a person or group of persons from asserting a private cause of action against a charitable organization or professional fundraiser.
History: Laws 1983, ch. 140, § 9; 1999, ch. 124, § 9.
The 1999 amendment, effective July 1, 1999, rewrote Subsection B; in Subsection C, deleted "and regulations duly" preceding "promulgated", substituted "pursuant to that act" for thereunder", and added the final sentence; In Subsection D, deleted "they might have" following "cause of action", and added "or professional fundraiser"; and throughout the section, substituted "may" for "is authorized", deleted "Organizations and" following "Charitable", and made stylistic changes.
Authority to investigate and enforce are separate. — The attorney general's authority to investigate possible violations of the Charitable Solicitations Act, and in that capacity, to issue civil investigative demands and its authority to enforce the act are two separate powers and functions. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
Structure 2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 22 - Charitable Solicitations
Section 57-22-1 - Short title.
Section 57-22-3 - Definitions.
Section 57-22-4 - Application of act.
Section 57-22-6 - Filing of required documents.
Section 57-22-6.1 - Professional fundraisers; registration.
Section 57-22-6.2 - Professional fundraisers; bond.
Section 57-22-6.4 - Professional fundraiser; records and reports.
Section 57-22-7 - Restriction on use of fact of filing in solicitation.
Section 57-22-8 - Disclosure of fundraising costs.
Section 57-22-9 - Authority of the attorney general.
Section 57-22-9.1 - Investigative demand; civil penalty.
Section 57-22-9.2 - Exchange of information with other states.
Section 57-22-10 - Standard of care.
Section 57-22-11 - Exemptions from state and local taxation.