2017 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-10 - Violations; penalties. (Repealed effective July 1, 2024.)

61-15-10. Violations; penalties. (Repealed effective July 1, 2024.)

A. Any person who knowingly uses a forged architectural registration seal on any document for the purpose of permitting the constructing of any building for human habitation or occupancy is guilty of a fourth degree felony, punishable pursuant to Section 31-18-15 NMSA 1978.

B. Each of the following acts committed by any person constitutes a misdemeanor, punishable pursuant to Section 31-19-1 NMSA 1978:

(1) willfully forging or giving false evidence of any kind to the board or any board member for the purpose of obtaining a certificate of registration as an architect;

(2) using or attempting to use an expired, suspended or revoked certificate of registration as an architect;

(3) using or permitting another to use the person's official architect's seal to stamp or seal any documents that have not been prepared either by the architect or the architect's responsible charge;

(4) engaging or offering to engage in the practice of architecture, unless exempted or duly registered to do so under the Architectural Act;

(5) using a designation tending to imply to the public that the person is an architect unless:

(a) the person is duly registered to do so under the provisions of the Architectural Act;

(b) the title containing the designation is allowed by rule of the board; or

(c) the title containing the designation does not imply that the person using the designation, when describing occupation, business name or services, is offering to perform architectural services; or

(6) procuring, aiding or abetting any violation of the provisions of the Architectural Act or the rules adopted by the board.

C. If, after a disciplinary hearing, the board determines that, based on the evidence, a person committed a violation pursuant to the Architectural Act, the board, in addition to any other sanction, shall issue an order that imposes a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation on the person. In determining the amount of the civil penalty, the board shall consider:

(1) the seriousness of the violation;

(2) the degree of harm inflicted on individuals or the public;

(3) the economic benefit received by the person due to the violation;

(4) the person's history of violations; and

(5) any other aggravating or mitigating factors relating to the violation.

History: 1978 Comp., 61-15-10, enacted by Laws 1979, ch. 362, 8; 1987, ch. 282, 11; 1999, ch. 263, 8; 2017, ch. 107, 6.