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Opinions


Official Attorney General's Opinions or informal Advisory Letters are prepared in answer to requests by legislators, state agencies, elected officials of the state, district attorneys, state boards and state commissioners.

These Opinions and Advisory Letters are prepared after a thorough review of all of the circumstances, evidence, law and precedent that relates to the request. Policy makers may ask for help in making decisions as they prepare to pass new laws, and they may rely on opinions like this. Sometimes both sides in a dispute have two very different perspectives of the law or the state constitution. In these cases the benefit of a legal opinion by the state's lawyer, an uninvolved third party, is invaluable and may save the taxpayers time in urgent situations, not to mention the enormous amount of money spent on litigation.



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Advisory Letter--- Payments to Managed Care Organizations (Advisory Letter)
Thursday, July 15, 2010

Senator Jennings requested an opinion addressing certain practices by the Human Services Department (“HSD”) in connection with payments to managed care organizations (“MCOs”) and health care providers who participate in programs HSD administers. The is the Advisory Letter he received.

Advisory Letter---Gift Act and Campaign Reporting Act II (Advisory Letter)
Thursday, June 24, 2010

Request for reconsideration of a specific sentence in the AGO's July 23, 2009 Advisory Letter to Speaker Ben Lujan regarding the New Mexico Campaign Reporting Act.

Advisory Letter-Service Animals (Advisory Letter)
Tuesday, June 22, 2010

Does Section 28-11-5 (B)(2) of the Assistance Animal Act, NMSA 1978, Sections 28-11-1 to 5 (2005), require the owners or operators of privately-owned business establishments, such as shops, which are open to the public, to keep their own dogs on leashes while those establishments are visited by persons who rely on service animals?

Advisory Letter- Unclaimed Property Act (Advisory Letter)
Thursday, April 22, 2010

Regarding the Taxation and Revenue (“Department”) and Uniform Unclaimed Property Act

Advisory Letter---Kelly O'Donnell (Advisory Letter)
Wednesday, April 21, 2010

Opinion Request Regarding Amendment to NMSA 1978, Section 3-17-6(A)

Opinion No. 10-02---Questions regarding the New Mexico Sentencing Commission (“NMSC”) (Opinion)
Tuesday, March 02, 2010

Questions for the New Mexico Attorney General regarding NMSC and OMA.

Advisory Letter---Interstate Compact on Educational Opportunity for Military (Advisory Letter)
Tuesday, March 02, 2010

Request for AG's advice whether the adoption of the Interstate Compact on Educational Opportunities for Military Children (“Compact”) would conflict with New Mexico law.

Advisory Letter—Cultural Properties Act and Deaccession Process (Advisory Letter)
Wednesday, February 24, 2010

Request for AG's advice regarding the New Mexico Cultural Properties Review Committee’s (“Committee” or “CPRC”) role in the disposition of archaeological materials.

Advisory Letter- Animal Sheltering Services Act (Advisory Letter)
Tuesday, February 09, 2010

Regarding whether the Animal Sheltering Services Board (“Board”) may promulgate a rule with statewide application regarding euthanasia procedures for cats and dogs

Responsibility for Maintaining Fences along Rail Runner Railroad (Advisory Letter)
Tuesday, January 26, 2010

Questions relating to a railroad’s legal responsibility to erect and maintain fences along its railway track

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