Although the division may, in its sole discretion, bring a civil action for violations of the Healthy Workplaces Act, the division will do so only in cases that it deems appropriate based on its enforcement priorities, including but not limited to, repeat violations by a particular employer or problematic industries where systemic and/or abusive practices have been identified through investigation by the division. The division's decision on whether to bring a civil action under the Healthy Workplaces Act is final and not subject to any right of appeal or review.
N.M. Admin. Code § 11.1.6.23