N.M. Stat. » Chapter 69 — Mines
New Mexico Statutes

N.M. Stat. § 69-36-17 (2026)

Civil penalties

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

A. Civil penalties may be assessed by the director or the commission for violations of the New Mexico Mining Act, including a violation of a regulation of the commission, an order of the director, a permit condition and the order resulting from a hearing. B. Civil penalties assessed by the director or the commission shall be imposed pursuant to regulations adopted by the commission. Any penalty assessed shall not exceed ten thousand dollars ($10,000) per day of noncompliance for each violation.

C. Circumstances to be considered by the commission or the director in determining the amount of the penalty to be assessed shall be the seriousness of the violation, efforts to comply with the requirements of the New Mexico Mining Act, recent history of violations and other relevant factors as determined by the commission and regulations adopted by the commission.

D. Any penalty imposed by the director may be appealed to the commission, and any order of the commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty.

History: Laws 1993, ch. 315, § 17.

Notes of Decisions
Cited in 3 cases, 1995–2001 · leading case: Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995).
Sort: Relevance Newest Treatment
Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995). “See § 69-36-16; § 69-36-17. We therefore conclude that the Director is not vested with “unguided” or “uncontrolled” discretion.”
Pueblo of Picuris v. New Mexico Energy, Minerals & Nat. Resources Dep't, 33 P.3d 916 (N.M. Ct. App. 2001). “See § 69-36-17 (providing for penalty assessments by the Director or the Commission, an appeal to the Commission, and a special de novo appeal from the Commission to district court).”
Bd. of Cnty. Commissioners v. Harrison, 1998 NMCA 106 (N.M. Ct. App. 1998). · cites it 2× “”); NMSA 1978, § 69-36-17(D) (1993) (“[A]ny order of the [Mining Commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty.”
N.M. Stat. § 69-36-17(D): 1 case
Bd. of Cnty. Commissioners v. Harrison, 1998 NMCA 106 (N.M. Ct. App. 1998). “”); NMSA 1978, § 69-36-17(D) (1993) (“[A]ny order of the [Mining Commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.