{"data":{"id":"us-nm/61-23-23.1","jurisdiction":"us-nm","citation":"61-23-23.1","heading":"Authority to investigate; civil penalties for unlicensed persons; engineering. (Repealed effective July 1, 2030.)","body":"A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not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.\nB. 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.\nC. In determining the amount of the civil penalty it imposes, the board shall consider:\n(1) the seriousness of the violation;\n(2) the economic benefit to the violator that was generated by the violator's commission of the violation;\n(3) the violator's history of violations; and\n(4) any other considerations the board deems appropriate.\nD. 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.\nE. 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.","path":["Chapter 61 - Professional and Occupational Licenses","ARTICLE 23 Engineering and Surveying"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18564/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"f8fc3bdd6f0e45a9cd620eb51c30b699838a6dfccf15c49dcac0ed9c3927bd72","source_id":"us-nm","stale":false,"prev":"us-nm/61-23-23","next":"us-nm/61-23-24"},"notice":"GroundRules: Original legal text. Not legal advice."}