Section 61-23-23.1 - [Repealed effective 7/1/2029] Authority to investigate; civil penalties for unlicensed persons; engineeringA. 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. Laws 2003, ch. 233, § 4; 2012, ch. 46, § 7.Amended by 2012, c. 46,s. 7, eff. 7/1/2012.Repealed effective 7/1/2018.