2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 15 - Crane Operators Safety
Section 60-15-13 - Civil and administrative penalties.
A. A person who engages in unlicensed operation may be assessed an administrative penalty not to exceed one thousand dollars ($1,000).
B. An employer, firm, partnership, corporation, association or other organization that knowingly violates the provisions of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000).
C. Any licensed crane operator who violates a provision of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000).
D. The department may bring an action in a court of competent jurisdiction to enforce the provisions of or to enjoin a person from violating the provisions of the Crane Operators Safety Act. If the court finds that a violation has occurred, the person who committed the violation shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act plus reasonable attorney fees and costs associated with court action.
History: Laws 1993, ch. 183, § 13; 1995, ch. 138, § 8; 2013, ch. 76, § 5; 2017, ch. 31, § 10.
ANNOTATIONSThe 2017 amendment, effective June 16, 2017, replaced "hoisting" with "crane" throughout the section.
The 2013 amendment, effective July 1, 2013, provided for administrative, rather than civil and criminal, penalties; in the title, deleted, "Violations; criminal"; in Subsection A, between "A person who" and "engages in unlicensed", deleted language which provided that the operation of a crane without a license was a misdemeanor, and added the remainder of the sentence; in Subsection B, between "An employer" and "firm, partnership", deleted language which provided that knowingly allows an unlicensed person to operate hoisting equipment was a misdemeanor; and added the remainder of the sentence; in Subsection C, after "may be assessed", deleted "a civil" and added "an administrative" and after "penalty not to exceed", deleted "one thousand dollars ($1,000) for each day during any portion of which a violation occurs" and added "five thousand dollars ($5,000)", and deleted former Subsection E, which provided for administrative penalties not to exceed one thousand dollars.
The 1995 amendment, effective July 1, 1995, substituted "a hoisting operator's" for "the appropriate" and substituted "less than one hundred dollars ($100) or more than three hundred dollars ($300)" for "more than five hundred dollars ($500)" in Subsection A, substituted "An employer or his representative" for "A person" and made a minor stylistic change in Subsection B, and added Subsections C through E.
