In the enforcement of this act [56-1-1 to 56-1-13 NMSA 1978], the attorney general of the state of New Mexico or with his consent a district attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this act, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his principal place of business. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this act for the purpose of securing any injunction as provided in Section 10 [56-1-10 NMSA 1978] of this act and for the purpose of Section 9 [56-1-9 NMSA 1978] hereof. After commencement of any action by a district attorney, the attorney general may not accept an assurance of discontinuance without the consent of the district attorney.
History: 1953 Comp., § 50-16-11, enacted by Laws 1965, ch. 258, § 11.
Cross references. — For the attorney general, see N.M. Const., art. V, § 1 and Chapter 8, Article 5 NMSA 1978.
For district attorneys, see N.M. Const., art. VI, § 24 and Chapter 36, Article 1 NMSA 1978.
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