New Mexico Statutes

N.M. Stat. § 74-3-3 (2026)

Council duties; per diem

✓ current as of May 2026

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It is the duty of the council to advise the agency and the board on technical matters relating to radiation. Members of the council shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance. Money expended for these purposes shall be paid from agency funds.

History: 1953 Comp., § 12-9-3, enacted by Laws 1959, ch. 185, § 3; 1963, ch. 43, § 1; 1971, ch. 284, § 3; 1977, ch. 343, § 3.

ANNOTATIONS

Cross references. — For definitions of "council," "agency" and "board," see 74-3-4 NMSA 1978 and notes thereto.

Advisory duties required in adoption of radiation regulations. — The environmental improvement board cannot act lawfully alone in adopting radiation regulations. The board must obtain "the advice and consent" of the radiation technical advisory council before it can adopt regulations. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.

Notes of Decisions

Cited in 2 cases, 1981–1981 · leading case: Kerr-McGee Nuclear Corp. v. New Mexico Env't Improvement Bd., 637 P.2d 38 (N.M. Ct. App. 1981).

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Kerr-McGee Nuclear Corp. v. New Mexico Env't Improvement Bd., 637 P.2d 38 (N.M. Ct. App. 1981). · cites it 3× “” Section 74-3-3. Following a public hearing on the adoption of regulations, and after considering the facts and circumstances, EIB shall have the authority, “with the advice and consent of the council * * * to promulgate rules and regulations: (1) concerning the health and…”

Kerr-mcgee Nuc. Corp. v. New Mex. Env. Imp., 637 P.2d 38 (N.M. Ct. App. 1981). · cites it 3× “" Section 74-3-3. Following a public hearing on the adoption of regulations, and after considering the facts and circumstances, EIB shall have the authority, "with the advice and consent of the council * * * to promulgate rules and regulations: (1) concerning the health and…”

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