Executive director; duties, oath and bond.

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The executive director of the board shall keep records of inspections of brands and earmarks as deemed necessary by the board and shall perform such other duties as are prescribed by the board. He shall take and subscribe an oath faithfully to perform all of his duties as executive director of the board and shall enter into bond in an amount to be fixed by the board, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of his duties.

History: Laws 1891, ch. 34, § 11; C.L. 1897, § 217; Code 1915, § 72; C.S. 1929, § 4-807; Laws 1933, ch. 53, § 3; 1941 Comp., § 49-206; 1953 Comp., § 47-2-6; Laws 1983, ch. 229, § 4; 1993, ch. 248, § 6.

ANNOTATIONS

Cross references. — For oath of office, see N.M. Const., art. XX, § 1.

The 1993 amendment, effective June 18, 1993, deleted "New Mexico livestock" preceding "board" in the first sentence and deleted the former third sentence pertaining to actions on the director's bond by persons injured by misfeasance or nonfeasance of the director.

The 1983 amendment added the catchline, rewrote the first sentence, substituted "as executive director of the board" for "of secretary of such board" and deleted "said sanitary" following "to be approved by the" in the second sentence and, in the last sentence, substituted "executive director" for "secretary" deleted "of New Mexico" following "of the state" and substituted "has" for "shall have" near the end.

Board's executive director's largely unilateral action is non-binding and meaningless, as he can only act pursuant to those powers delimited in the Livestock Code. Paragon Found., Inc. v. N.M. Livestock Bd., 2006-NMCA-004, 138 N.M. 761, 126 P.3d 577, cert. denied, 2006-NMCERT-001, 139 N.M. 272, 131 P.3d 659.


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