N.M. Stat. § 74-3-13.1
Emergency powers of the secretary.
A. Notwithstanding any other provision of the Radiation Protection Act, if the
secretary determines that a person is violating a condition of a license or registration
issued by the agency, or administered by the agency pursuant to an agreement with the
nuclear regulatory commission, or any regulation promulgated pursuant to the Radiation
Protection Act, and determines that the violation may present an imminent and
substantial endangerment to human health or safety, the secretary may bring suit to
immediately restrain the person from the violation or take such other action as may be
necessary or both. The secretary may also take other action, including issuing orders as
may be necessary to protect human health and safety. The order shall be effective
immediately; however, the person named in the order may request an administrative
hearing before the secretary within ten days after the order is served. If a timely request
for a hearing is made, the secretary shall hold the hearing within thirty days. The
secretary may commence an action in the appropriate district court to enforce an order.
B. A person who willfully violates an order of the secretary pursuant to Subsection A
of this section may be fined not more than fifteen thousand dollars ($15,000) per day for
each violation of the order.