Enforcement of Orders and Duties

NMSA 1978 ch. 62, art. 12

in effect

NMSA 1978, § 62-12-1 Mandamus; injunction; utilities

62-12-1. Mandamus; injunction; utilities Whenever the commission is of the opinion that any person or public utility is failing or omitting or about to fail or omit to do anything required of it by the Public Utility Act [Articles 1 through 6 and 8 through 13 of Chapter 62 NMSA 1978] or by any order of the commission or is doing or about to do anything or permitting or about to permit anything to be done contrary to or in violation of that act or of any order of the commission, it may commence an action or proceeding in the district court for the county of Santa Fe, or in the district court of the county in which the complaint or controversy arose, in the name of the state of New Mexico for the purpose of having the violations or threatened violations stopped and prevented either by mandamus or injunction. The commission shall begin an action or proceeding by petition to the court alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction. It is the duty of the court to specify a time, not exceeding thirty days after the service of the copy of the petition, within which the public utility or person complained of must plead, and in the meantime the public utility or person may for good cause shown be restrained. In case of default, the court shall immediately inquire into the facts and circumstances of the case. Such persons as the court deems necessary or proper to be joined as parties, in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition or in such modified or other form as will afford appropriate relief. An appeal may be taken as in other civil actions. Laws 1941, ch. 84, § 73; 1941 Comp., § 72-1001; 1953 Comp., § 68-10-1; 1978 Comp., § 62-12-1; 2026, ch. 64, § 2.

NMSA 1978, § 62-12-2 Actions against commission

62-12-2. Actions against commission In case the commission or its members shall undertake to act in excess of its jurisdiction and authority conferred under this act, or without jurisdiction; or in case the said commission or its members shall undertake to exercise rights or privileges not conferred upon it by this act or by law; or in case the said commission or its members shall fail or refuse in the performance of any duties or obligations imposed upon it by the terms of this act, then the person interested or whose rights are affected may bring suit by mandamus, prohibition, injunction or other appropriate remedy against the said commission in its statutory name in this act provided, to compel performance of the duties and obligations imposed upon said commission by this act, or to restrain said commission and its members from the exercise of jurisdiction not by this act conferred. Consent of the state is hereby expressly given to the maintenance of such suits against said commission. Any such action shall be brought against said commission in the district court of Santa Fe county, New Mexico, or in the district court of the county in which the complaint or controversy arose. Any judgment or decree entered against the commission shall be binding upon the commission and each and every member thereof. Laws 1941, ch. 84, § 74; 1941 Comp., § 72-1002; 1953 Comp., § 68-10-2.

NMSA 1978, § 62-12-3 Actions preferred

62-12-3. Actions preferred All actions and proceedings under this act, and all actions or proceedings to which the commission or the state of New Mexico may be a party, and in which any question arises under this act, or under or concerning any order or decision of the commission, may be preferred over all other civil causes except election causes, irrespective of position on the calendar. Laws 1941, ch. 84, § 75; 1941 Comp., § 72-1003; 1953 Comp., § 68-10-3.

NMSA 1978, § 62-12-4 Violation of orders

62-12-4. Violation of orders Any person or corporation which violates any provision of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] or which fails, omits or neglects to obey, observe or comply with any lawful order, or any part or provision thereof, of the commission is subject to a penalty of not less than one hundred dollars ($100) nor more than one hundred thousand dollars ($100,000) for each offense. Laws 1941, ch. 84, § 76; 1941 Comp., § 72-1004; 1953 Comp., § 68-10-4; Laws 1983, ch. 250, § 5; 1993, ch. 220, § 2.

NMSA 1978, § 62-12-5 Separate offenses

62-12-5. Separate offenses Every violation of the provisions of this act or of any lawful order of the commission, or any part or portion thereof by any corporation or person is a separate and distinct offense, and in case of a continuing violation after a first conviction each day's continuance thereof shall be deemed to be a separate and distinct offense. Laws 1941, ch. 84, § 77; 1941 Comp., § 72-1005; 1953 Comp., § 68-10-5.

NMSA 1978, § 62-12-6 Penalties cumulative

62-12-6. Penalties cumulative All penalties accruing under this act shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility or any officer, director, agent or employee thereof or any other corporation or person. Laws 1941, ch. 84, § 78; 1941 Comp., § 72-1006; 1953 Comp., § 68-10-6.

NMSA 1978, § 62-12-7 Action to recover penalties

62-12-7. Action to recover penalties Actions to recover penalties under this act shall be brought in the name of the state of New Mexico in the district court of Santa Fe county. Laws 1941, ch. 84, § 79; 1941 Comp., § 72-1007; 1953 Comp., § 68-10-7.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18565/index.doFetched: 10/20/2026