N.M. Code R. § 16.8.12.13

Current through Register Vol. 35, No. 16, August 27, 2024

Section 16.8.12.13 - SCHEDULE OF CIVIL MONETARY PENALTIES

A. Subject to subsection B of this section, the division shall impose penalties as follows:

(1) For the first offense within a 12-month period, a civil monetary penalty ranging from one thousand dollars ($1,000) to two thousand dollars ($2,000) or possible suspension or revocation of the license if the licensee's discipline history shows a pattern warranting suspension or revocation.

(2) For the second offense within a 12-month period, a civil monetary penalty ranging from two thousand dollars ($2,000) to three thousand dollars ($3,000) or possible suspension or revocation of the license if the licensee's discipline history shows a pattern warranting suspension or revocation.

(3) For three or more offenses within a 12-month period, a civil monetary penalty of ten thousand dollars ($10,000) and revocation of the license.

(4) For any offense involving sale or distribution of cannabis to minors, a fine of ten thousand dollars ($10,000) and revocation of the license.

B. Any portion of the civil monetary penalties described in this rule may be enhanced or suspended, depending on the particular facts and circumstances of the individual case. When determining whether penalties should be enhanced or suspended, the division shall consider:

(1) the nature of the violation;

(2) the licensee's level of cooperation with the division in investigating the violation;

(3) the violation's threat or potential threat to public health, safety, and welfare;

(4) the licensee's willingness to address and remediate the violation; and

(5) any other fact or circumstance that the division finds relevant.

N.M. Code R. § 16.8.12.13

Adopted by New Mexico Register, Volume XXXIII, Issue 13, July 12, 2022, eff. 7/12/2022