2021 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 (Repealed effective July 1, 2024.)
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 and who acts in the capacity of a professional engineer within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional engineer or to solicit or propose to perform work involving the practice of engineering.
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, it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to seven thousand five hundred dollars ($7,500) 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 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.
History: Laws 2003, ch. 233, § 4; 2012, ch. 46, § 7.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
Compiler's notes. — This section was originally enacted by the legislature as 61-23-23 NMSA 1978, but it was redesignated by the compiler because of the existence of a former 61-23-23 NMSA 1978 that was repealed in 1993.
The 2012 amendment, effective July 1, 2012, provided that a valid license is required to act as an engineer or to seek work involving the practice of engineering; increased the penalty; in Subsection A, added the last sentence; and in Subsection B, after "penalty up to", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".
