Chapter 44 — Chapter 44
167 sections in this chapter.
NMSA 1978, § 44-9-14 Remedy not exclusive
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The remedies provided for in the Fraud Against Taxpayers Act [44-9-1 NMSA 1978] are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law. History: Laws 2007, ch. 40, § 14.
NMSA 1978, § 44-9-2 Definitions
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As used in the Fraud Against Taxpayers Act: A. "claim" means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision; B. "em…
NMSA 1978, § 44-9-3 False claims; liability; penalties; exception
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A. A person shall not: (1) knowingly present, or cause to be presented, to an employee, officer or agent of the state or a political subdivision or to a contractor, grantee or other recipient of state or political subdivision funds a false or fraudulent claim for payment or appro…
NMSA 1978, § 44-9-4 Investigation by the attorney general; delegation; civil
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action. A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to …
NMSA 1978, § 44-9-5 Civil action by qui tam plaintiff; state or political subdivision
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may intervene. A. A person may bring a civil action for a violation of Section 44-9-3 NMSA 1978 on behalf of the person and the state or political subdivision. The action shall be brought in the name of the state or political subdivision. The person bringing the action shall be r…
NMSA 1978, § 44-9-6 Rights of the qui tam plaintiff and the state or political
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subdivision. A. If the state or political subdivision proceeds with the action, it shall have the primary responsibility of prosecuting the action and shall not be bound by an act of the qui tam plaintiff. The qui tam plaintiff shall have the right to continue as a party to the a…
NMSA 1978, § 44-9-7 Awards to qui tam plaintiff and the state or political
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subdivision. A. Except as otherwise provided in this section, if the state or a political subdivision proceeds with an action brought by a qui tam plaintiff and the state or political subdivision prevails in the action, the qui tam plaintiff shall receive: (1) at least fifteen pe…
NMSA 1978, § 44-9-8 Award of attorney fees and costs to defendant
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If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious o…
NMSA 1978, § 44-9-9 Certain actions barred
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A. No court shall have jurisdiction over an action brought pursuant to Section 44-9-5 NMSA 1978 by a present or former employee of the state or political subdivision unless the employee, during employment with the state or political subdivision and in good faith, exhausted existi…
NMSA 1978, § 44-10-1 Short title
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Sections 1 through 8 of this act may be cited as the "Uniform Unsworn Foreign Declarations Act". History: Laws 2009, ch. 78, § 1.
NMSA 1978, § 44-10-2 Definitions
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As used in the Uniform Unsworn Foreign Declarations Act: A. "boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United Stat…
NMSA 1978, § 44-10-3 Applicability
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The Uniform Unsworn Foreign Declarations Act applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United State…
NMSA 1978, § 44-10-4 Validity of unsworn declaration
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A. Except as otherwise provided in Subsection B of this section, if a law of New Mexico requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of the Uniform Unsworn Foreign Declarations Act has the same effect as a sworn declaration. B. T…
NMSA 1978, § 44-10-5 Required medium
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If a law of New Mexico requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium. History: Laws 2009, ch. 78, § 5.
NMSA 1978, § 44-10-6 Form of unsworn declaration
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An unsworn declaration pursuant to the Uniform Unsworn Foreign Declarations Act shall be in substantially the following form: "I declare under penalty of perjury under the law of New Mexico that the foregoing is true and correct and that I am physically located outside the geogra…
NMSA 1978, § 44-10-7 Uniformity of application and construction
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In applying and construing the Uniform Unsworn Foreign Declarations Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2009, ch. 78, § 7.
NMSA 1978, § 44-10-8 Relation to Electronic Signatures in Global and National
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Commerce Act. The Uniform Unsworn Foreign Declarations Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section…