2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 23 - Engineering and Surveying
Section 61-23-27.11 - Surveying; violations; disciplinary actions; penalties; reissuance of licenses. (Repealed effective July 1, 2024.)
A. The board may suspend, refuse to renew or revoke the license, impose a fine not to exceed seven thousand five hundred dollars ($7,500), place on probation for a specific period of time with specific conditions or reprimand a professional surveyor who is found by the board to have:
(1) practiced or offered to practice surveying in New Mexico in violation of the Engineering and Surveying Practice Act;
(2) attempted to use the license of another;
(3) given false or forged evidence to the board or to any board member for obtaining a license;
(4) falsely impersonated any other licensee of like or different name;
(5) attempted to use an expired, suspended or revoked license;
(6) falsely purported to be a professional surveyor by claim, sign, advertisement or letterhead;
(7) violated the rules of professional responsibility for professional surveyors adopted and promulgated by the board;
(8) been disciplined in another state for action that would constitute a violation of either or both the Engineering and Surveying Practice Act or the rules adopted by the board pursuant to the Engineering and Surveying Practice Act;
(9) been convicted of a felony; or
(10) procured, aided or abetted any violation of the provisions of the Engineering and Surveying Practice Act or the rules adopted by the board.
B. The board may by rule establish the guidelines for the disposition of disciplinary cases involving specific types of violations. Guidelines may include minimum and maximum fines, periods of probation or conditions of probation or reissuance of a license.
C. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] is a misdemeanor and shall be grounds for further action against the licensee by the board and for judicial sanctions or relief.
D. A person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against a professional surveyor. Such charges shall be in writing, shall be sworn to by the person making them and shall be filed with the executive director of the board. No action that would have any of the effects specified in Subsection D, E or F of Section 61-1-3 NMSA 1978 may be initiated later than two years after the discovery by the board, but in no case shall such an action be brought more than ten years after the completion of the conduct that constitutes the basis for the action. All charges shall be referred to the professional surveying committee, acting for the board, or to the board. All charges, unless dismissed as unfounded, trivial, resolved by reprimand or settled informally, shall be heard in accordance with the provisions of the Uniform Licensing Act by the surveying committee, acting for the board, or by the board.
E. Persons making charges shall not be subject to civil or criminal suits; provided that the charges are made in good faith and are not frivolous or malicious.
F. The board or a board member may initiate proceedings pursuant to the provisions of this section in accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying Practice Act shall deny the right of appeal from the decision and order of the board in accordance with the provisions of the Uniform Licensing Act.
G. The board, for reasons it deems sufficient, may reissue a license to a person whose license has been revoked or suspended; provided that a majority of the members of the surveying committee, acting for the board, or of the board votes in favor of reissuance. A new license bearing the original license number to replace a revoked, lost, destroyed or mutilated license may be issued subject to the rules of the board with payment of a fee determined by the board.
H. A violation of any provision of the Engineering and Surveying Practice Act is a misdemeanor punishable upon conviction by a fine of not more than seven thousand five hundred dollars ($7,500) or by imprisonment of no more than one year, or both.
I. The attorney general or district attorney of the proper district or special prosecutor retained by the board shall prosecute violations of the Engineering and Surveying Practice Act by a nonlicensee.
J. The practice of surveying in violation of the provisions of the Engineering and Surveying Practice Act shall be deemed a nuisance and may be restrained and abated by injunction without bond in an action brought in the name of the state by the district attorney or on behalf of the board by the attorney general or the special prosecutor retained by the board. Action shall be brought in the county in which the violation occurs.
History: 1978 Comp., § 61-23-27.11, enacted by Laws 1993, ch. 218, § 32; 1999, ch. 259, § 27; 2005, ch. 69, § 14; 2012, ch. 46, § 13; 2017, ch. 42, § 16.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
The 2017 amendment, effective July 1, 2017, removed the provision requiring the professional surveying committee to prepare and adopt rules of professional responsibility for professional surveyors; in Subsection D, after "misconduct against a", deleted "licensee" and added "professional surveyor", and after "Uniform Licensing Act by the", deleted "professional"; in Subsection G, after "a majority of the members of the", deleted "professional"; and deleted Subsection H and redesignated former Subsections I through K as Subsections H through J, respectively.
The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; increased the fine; eliminated requirements for the publication and amendment of rules; in the title, after "reissuance of", deleted "certificates" and added "licenses"; in Subsections A and G, substituted "license" for "certificate of licensure" throughout the sections; in Subsection A, after "not to exceed", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)"; in Subsection H, deleted former language which provided for the publication and amendment of rules of professional responsibility; and in Subsection I, after "not more than", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".
The 2005 amendment, effective June 17, 2005, provided in Subsection H that the professional surveying committee shall adopt, revise and amend rules of professional responsibility for the professional surveyors.
The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; inserted "or settled informally" in the last sentence of Subsection D; and made minor stylistic changes throughout the section.
