0001|                               AN ACT
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0002| RELATING TO WAGE CLAIMS; AUTHORIZING THE DIRECTOR OF THE LABOR AND
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0003| INDUSTRIAL DIVISION OF THE LABOR DEPARTMENT TO APPEAR WITHOUT COUNSEL IN
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0004| MAGISTRATE AND METROPOLITAN COURTS.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  Section 50-4-12 NMSA 1978 (being Laws 1937, Chapter
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0008| 109, Section 13, as amended) is amended to read:
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0009|      "50-4-12.  WAGE CLAIM ACTIONS--COSTS--JURISDICTION--REPRESENTATION
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0010| BY DISTRICT ATTORNEY--APPEALS.--
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0011|           A.  In all actions brought by the director of the labor and
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0012| industrial division of the labor department as assignee under the
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0013| provisions of Section 50-4-11 NMSA 1978, the director shall be entitled
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0014| to free process and shall not be obligated or required to give any bond
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0015| or other security for costs.
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0016|           B.  Any sheriff, constable or other officer requested by the
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0017| director to serve any summons, writ, complaint or order shall do so
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0018| without requiring the director to pay any fees or furnish any security
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0019| or bond.
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0020|           C.  Where all claims joined together do not exceed in the
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0021| aggregate the jurisdictional limit of the magistrate or metropolitan
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0022| court, the director may institute an action against the employer in any
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0023| magistrate or metropolitan court having jurisdiction without referring
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0024| the claim to the district attorney.  In the event that during the course
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0025| of the proceedings representation by an attorney at law becomes
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0001| necessary or, in the director's judgment, advisable, the director shall
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0002| so notify the district attorney, and it shall then be the duty of the
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0003| district attorney or the district attorney's assistant to appear for the
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0004| director in the cause.
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0005|           D.  In the event the cause is appealed by the director, no
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0006| bond or other security shall be required or fees charged the director
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0007| for court costs or sheriff's fees in serving process."                   
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0008|                          
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0009| 
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0010|                                                              HB
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0011| 490
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0012|                                                              Page 
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