2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-24 - Engineering; violations; disciplinary action; penalties; reissuance of licenses. (Repealed effective July 1, 2030.)

A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may suspend, refuse to renew or revoke a 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 any professional engineer who is found by the board to have:
(1) practiced or offered to practice engineering 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 a board member for obtaining a license;
(4) falsely impersonated another licensee of like or different name;
(5) attempted to use an expired, suspended or revoked license;
(6) falsely purported to be a professional engineer by claim, sign, advertisement or letterhead;
(7) violated the rules of professional responsibility for professional engineers 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;
(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 of the board.
B. Except as provided in Subsection C of Section 61-23-21 NMSA 1978, nothing in the Engineering and Surveying Practice Act shall prohibit the general use of the word "engineer", "engineered" or "engineering" so long as such words are not used in an offer to the public to perform engineering work as defined in Subsections F and H of Section 61-23-3 NMSA 1978.
C. The board may by rule establish the guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include minimum and maximum fines, periods of probation or conditions of probation or reissuance of a license.
D. 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 is a misdemeanor and shall be grounds for further action against the licensee by the board and for judicial sanctions or relief.
E. A person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against a licensed professional engineer. The charges shall be in writing and shall be sworn to by the person making the charges and filed with the executive director of the board. All charges shall be referred to the engineering committee, acting for 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 an action be brought more than ten years after the completion of the conduct that constitutes the basis for the action. 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 engineering committee acting for the board or by the board.
F. 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.
G. 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.
H. The board, for reasons it deems sufficient, may reissue a license to a person whose license has been revoked or suspended if a majority of the members of the engineering committee, acting for the board, or of the board votes in favor of the 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.
I. 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.
J. 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.
K. The practice of engineering 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 where the violation occurs.
History:
1978 Comp., § 61-23-24, enacted by Laws 1993, ch. 218, § 18; 1999, ch. 259, § 16; 2005, ch. 69, § 10; 2012, ch. 46, § 8; 2017, ch. 42, § 11; 2022, ch. 39, § 87.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-24 NMSA 1978, as amended by Laws 1979, ch. 363, § 19, relating to registration by endorsement, effective June 19, 1987, and enacted former 61-23-24 NMSA 1978.
Laws 1993, ch. 218, § 18 repealed former 61-23-24 NMSA 1978, as enacted by Laws 1987, ch. 336, § 24, concerning violations and disciplinary actions, and enacted a new section, effective July 1, 1993.
The 2022 amendment,
effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the Uniform Licensing Act in disciplinary matters; and in Subsection A, added "In accordance with the Uniform Licensing Act".
The 2017 amendment,
effective July 1, 2017, removed the provision related to the adoption of rules of professional responsibility for professional engineers, and revised references to Section 61-23-3 NMSA 1978; in Subsection B, after "Subsections", deleted "E" and added "F", and after the next "and", deleted "L" and added "H"; in Subsection H, after "payment of a fee", added a period and deleted "determined by the board."; and deleted Subsection I and redesignated former Subsections J through L as Subsections I through K, 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" and added "licenses"; in Subsections A and H, 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 I, deleted former language which provided for the publication and amendment of rules of professional responsibility; and in Subsection J, 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 I that the professional engineering committee shall adopt, revise and amend rules of professional responsibility for professional engineers.
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; deleted "and regulations" following "rules" in Subsections A(8) and A(10); added the exception at the beginning of Subsection B; in Subsection E, deleted "the Uniform Licensing Act" preceding "Subsection D, E, or F" in the third sentence, and inserted "or settled informally" in the last sentence.