N.M. Stat. » N.M. Stat. / Chapter 28 / Article 1
New Mexico Statutes

N.M. Stat. § 28-1-3 (2026)

Human rights commission.

✓ current as of May 2026
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A. There is created the "human rights commission" consisting of eleven members
appointed by the governor with the advice and consent of the senate. Not more than six
of the members shall be of the same political party. Not more than one member may be
appointed from any one county. The governor shall designate a member to serve as
chairman. The commission shall designate one of its members as vice chairman to
preside in the absence or incapacity of the chairman.

    B. The term of office of each member of the commission is for four years; however,
of the commissioners first appointed, one shall be appointed for a term ending
December 31, 1969, one for a term ending December 31, 1970, one for a term ending
December 31, 1971 and two for terms ending December 31, 1972; provided, the two
additional members added pursuant to this 1975 amendment shall be initially appointed
for staggered terms of two and three years respectively so that one term ends on
December 31, 1977 and one ends on December 31, 1978. The four additional
commissioners added pursuant to this 1991 amendment shall be appointed for
staggered terms; two shall be appointed for terms ending December 31, 1992; and two
shall be appointed for terms ending December 31, 1993.

   C. Any member chosen to fill a vacancy occurring otherwise than by expiration of
term shall be appointed for the remainder of the unexpired term. Six members of the
commission constitute a quorum to conduct business. Vacancies on the commission
shall not impair the right of the remaining members to exercise the powers of the
commission.

   D. Each member of the commission shall be reimbursed, as provided in the Per
Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], during the performance of official
duties and shall receive no other compensation, perquisite or allowance.

History: 1953 Comp., § 4-33-3, enacted by Laws 1969, ch. 196, § 3; 1975, ch. 124, § 1;
1987, ch. 342, § 17; 1991, ch. 104, § 1.

                                     ANNOTATIONS

The 1991 amendment, effective June 14, 1991, in Subsection A, substituted "eleven
members" for "seven members" in the first sentence and "six of the members" for "four
of the members" in the second sentence; added the second sentence in Subsection B;
and, in Subsection C, substituted "the remainder of the unexpired term" for "the
unexpired term of the member whom he is to succeed" at the end of the first sentence
and "Six members" for "Four members" at the beginning of the second sentence.

Law reviews. — For article, "Age Discrimination in Employment: A Comparison of the
Federal and State Laws and Remedies in New Mexico," see 7 N.M. L. Rev. 51 (1976-
77).

For article, "Selecting an Analogous State Limitations Statute in Reconstruction Civil
Rights Claims: The Tenth Circuit's Resolution," see 15 N.M.L. Rev. 11 (1985).
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1971–2025 · leading case: Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013).
Sort: Relevance Newest Treatment
Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013). “§ 1978, § 28-1-3(A). Included within the Human Rights Commission’s powers is the ability to hold hearings, subpoena witnesses, "hear complaints and issue orders, including cease and desist orders concerning alleged unlawful discriminatory practice.”
Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 491 P.2d 160 (N.M. 1971). · cites it 4× “The only statutory authority in New Mexico dealing with costs of bonds is § 28-1-3, N.M.S.A. (1953 Comp.). This section makes no specific reference to replevin bonds.”
Gonzales v. Marriott Int'l, Inc. (D.N.M. 2025). · cites it 2× “§ 28-1-3(A) (establishing the New Mexico Human Rights Commission); id.”
Johnson v. Bd. of Educ. for Albuquerque Pub. Schs. (N.M. 2025). “Section 28-1-4 (1987) documents the powers and duties 14 of the Human Rights Commission, see § 28-1-3 (1987) (establishing that 15 Commission), and the Labor Relations Division, see § 28-1-2(D) (1987) (identifying 16 that Division), including their responsibility to address…”
Johnson v. Bd. of Educ. for Albuquerque Pub. Schs. (N.M. 2025). “Section 28-1-4 (1987) documents the powers and duties of the Human Rights Commission, see § 28-1-3 (1987) (establishing that Commission), and the Labor Relations Division, see § 28-1-2(D) (1987) (identifying that Division), including their responsibility to address…”
Migneault v. Peck, 973 F. Supp. 1295 (D.N.M. 1997). · cites it 2× “New Mexico is clearly a deferral state as NMSA § 28-1-7(A) prohibits employers from discriminating based on age and NMSA § 28-1-3 creates the New Mexico Human Rights Commission where parties can seek relief from age discrimination.”
N.M. Stat. § 28-1-3(A): 2 cases
Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013). “§ 1978, § 28-1-3(A). Included within the Human Rights Commission’s powers is the ability to hold hearings, subpoena witnesses, "hear complaints and issue orders, including cease and desist orders concerning alleged unlawful discriminatory practice.”
Gonzales v. Marriott Int'l, Inc. (D.N.M. 2025). “§ 28-1-3(A) (establishing the New Mexico Human Rights Commission); id.”
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