Section 61-23-27.15 - [Repealed effective 7/1/2029] Authority to investigate; civil penalties for unlicensed persons; surveyingA. 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 surveyor within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional surveyor or to solicit or purport to perform work involving the practice of surveying.B. If after the hearing the board determines that based on the evidence the person committed a violation under 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 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 the provisions of 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, § 5; 2012, ch. 46, § 14.Amended by 2012, c. 46,s. 14, eff. 7/1/2012.Repealed effective 7/1/2018.