2009 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses.
Article 23 - Engineering and Surveying
Section 61-23-23.1 - Authority to investigate; civil penalties for unlicensed persons; engineering. (Repealed effective July 1, 2012.)

61-23-23.1. Authority to investigate; civil penalties for unlicensed persons; engineering. (Repealed effective July 1, 2012.)

A.     The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act [61-23-1 NMSA 1978] and who acts in the capacity of a professional engineer within the meaning of the Engineering and Surveying Practice Act.   

B.     If after the hearing the board determines that based on the evidence the person committed a violation pursuant to the Engineering and Surveying Practice Act [Chapter 61, Article 23 NMSA 1978], it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to five thousand dollars ($5,000) per violation.   

C.     In determining the amount of the civil penalty it imposes, the board shall consider:   

(1)     the seriousness of the violation;   

(2)     the economic benefit to the violator that was generated by the violator's commission of the violation;   

(3)     the violator's history of violations; and   

(4)     any other considerations the board deems appropriate.   

D.     A person aggrieved by the board's decision may appeal a decision made or an order issued pursuant to Subsection B of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.   

E.     Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Engineering and Surveying Practice Act [61-23-1 NMSA 1978] is a misdemeanor, and upon conviction the person shall be sentenced pursuant to Section 31-19-1 NMSA 1978. Conviction shall be grounds for further action against the person by the board and for judicial sanctions or relief, including a petition for injunction.