A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act N.M. Stat. Ann. § 1-19-25 to 1-19-36, government contractors, lobbyists and lobbyists’ employers of:

Terms Used In New Mexico Statutes 10-16G-9

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(1)     the Campaign Reporting Act;

(2)     the Financial Disclosure Act [N.M. Stat. Ann. Chapter 10, Article 16A]; (3)     the Gift Act N.M. Stat. Ann. § 10-16B-1 to 10-16B-4;

(4)     the Lobbyist Regulation Act [N.M. Stat. Ann. Chapter 2, Article 11]; (5)     the Voter Action Act N.M. Stat. Ann. § 1-19A-1 to 1-19A-17;

(6)     the Governmental Conduct Act [N.M. Stat. Ann. Chapter 10, Article 16]; (7)     the Procurement Code N.M. Stat. Ann. § 13-1-28 to 13-1-199;

(8)     the State Ethics Commission Act;

(9)     the Revised Uniform Law on Notarial Acts [N.M. Stat. Ann. Chapter 14, Article 14A]; and

(10)    Article 9, Section 14 of the constitution of New Mexico.

B. All complaints filed with a public agency regarding the statutes listed in Subsection A of this section shall be forwarded to the commission.

C. The commission may choose to act on some or all aspects of a complaint and forward other aspects of a complaint to another state or federal agency with jurisdiction over the matter in accordance with Subsection E of this section.

D. If the commission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate jurisdiction within ten days of the decision. The complainant and respondent shall be notified in writing when the complainant’s request has been forwarded to another agency unless otherwise provided pursuant to Subsection H of Section 10-16G-10 N.M. Stat. Ann..

E. The commission may share jurisdiction with other public agencies having authority to act on a complaint or any aspect of a complaint. Such shared jurisdiction shall be formalized through an agreement entered into by all participating agencies involved with the complaint and the director. The commission may also investigate a complaint referred to the commission by the legislature, or a legislative committee, in accordance with an agreement entered into pursuant to policies of the New Mexico legislative council or rules of the house of representatives or senate.

F. The commission may file a court action to enforce the civil compliance provisions of an act listed in Subsection A of this section. The court action shall be filed in the district court in the county where the defendant resides.

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