The executive director of the board shall keep records of inspections of brands and earmarks as deemed necessary by the board and shall perform such other duties as are prescribed by the board. He shall take and subscribe an oath faithfully to perform all of his duties as executive director of the board and shall enter into bond in an amount to be fixed by the board, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of his duties.
History: Laws 1891, ch. 34, § 11; C.L. 1897, § 217; Code 1915, § 72; C.S. 1929, § 4-807; Laws 1933, ch. 53, § 3; 1941 Comp., § 49-206; 1953 Comp., § 47-2-6; Laws 1983, ch. 229, § 4; 1993, ch. 248, § 6.
Cross references. — For oath of office, see N.M. Const., art. XX, § 1.
The 1993 amendment, effective June 18, 1993, deleted "New Mexico livestock" preceding "board" in the first sentence and deleted the former third sentence pertaining to actions on the director's bond by persons injured by misfeasance or nonfeasance of the director.
The 1983 amendment added the catchline, rewrote the first sentence, substituted "as executive director of the board" for "of secretary of such board" and deleted "said sanitary" following "to be approved by the" in the second sentence and, in the last sentence, substituted "executive director" for "secretary" deleted "of New Mexico" following "of the state" and substituted "has" for "shall have" near the end.
Board's executive director's largely unilateral action is non-binding and meaningless, as he can only act pursuant to those powers delimited in the Livestock Code. Paragon Found., Inc. v. N.M. Livestock Bd., 2006-NMCA-004, 138 N.M. 761, 126 P.3d 577, cert. denied, 2006-NMCERT-001, 139 N.M. 272, 131 P.3d 659.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Section 77-2-1 - Short title; purpose.
Section 77-2-1.1 - Definitions.
Section 77-2-2 - New Mexico livestock board created; transfer of powers; transfer of property.
Section 77-2-3 - New Mexico livestock board; scope; composition; qualifications; terms; meetings.
Section 77-2-4 - Compensation of members.
Section 77-2-5 - Report of board.
Section 77-2-6 - Livestock board attached to New Mexico department of agriculture.
Section 77-2-7 - Additional powers of the board.
Section 77-2-7.1 - Brands; subject to change in ownership; fees for transfer.
Section 77-2-7.2 - Registration of brands and marks; board.
Section 77-2-7.3 - Brand books.
Section 77-2-7.4 - Recording before use; recording fee; conflicting brands.
Section 77-2-7.5 - Fees; disposition.
Section 77-2-7.6 - Brand book.
Section 77-2-7.7 - More than one brand unlawful; exceptions; penalty.
Section 77-2-7.8 - Brands of minors.
Section 77-2-7.10 - Brands; board may reject.
Section 77-2-7.11 - Brand; priority of right to.
Section 77-2-7.12 - Re-recording of brands; notice; publication; fees.
Section 77-2-8 - Research and promotion of meat and meat products.
Section 77-2-9 - Reports of inspectors; prosecution of violations of livestock laws.
Section 77-2-10 - Receipts; deposit of funds.
Section 77-2-12 - Executive director; duties, oath and bond.
Section 77-2-13 - Records; certified copy evidence.
Section 77-2-14 - Attorney; duties.
Section 77-2-15 - Special taxes; levy; collection.
Section 77-2-16 - Financial report and tax estimate; state levy; maximum rate.
Section 77-2-17 - Payment of tax collections to state treasurer; disbursement.
Section 77-2-18 - Compensation of employees.
Section 77-2-19 - Limitation on expenditures.
Section 77-2-22 - Penalty for violating rule.
Section 77-2-25 - Interim receipts and disbursements fund created.
Section 77-2-26 - Board not to be assessed for general administrative overhead.
Section 77-2-30 - Horse rescue or retirement facility; registration; board powers and duties; fees.
Section 77-2-31 - Horse rescue or retirement facilities; inspections; reinspection.