Current through Register Vol. 35, No. 18, September 24, 2024
Subject to legally required procedural safeguards, any
person who violates any provisions of the act or any rule adopted by the board
may incur, in addition to any other penalty provided by law, a civil penalty in
an amount of less than one thousand dollars ($1,000) for each violation. The
board will serve on the licensee official notice of any such fine that the
board proposes to assess. Failure to pay a fine, once properly assessed, may
result in an additional fine or revocation of license or other disciplinary
action. The penalties to be assessed are as follows:
A. A re-inspection fee of two hundred dollars
($200) will be assessed for each inspection pursuant to
16.34.11.9
NMAC.
B. Failure to comply with
establishment requirements:
(1) first
offense: two hundred dollars ($200);
(2) second offense: four hundred dollars
($400);
(3) third and subsequent
offenses: the board shall take steps to impose a further fine up to the limit
of nine hundred ninety nine dollars ($999) or to take other disciplinary action
as permitted by the act or the New Mexico Uniform Licensing
Act.
C. Failure to comply
with sanitation and safety requirements for establishments:
(1) first offense: warning from
inspector/"board";
(2) second
offense: two hundred dollars ($200);
(3) third and subsequent offenses: the board
shall take steps to impose a further fine up to the limit of nine hundred
ninety nine dollars ($999) or to take other disciplinary action as permitted by
the act or the New Mexico Uniform Licensing Act.
D. Failure to post required licenses:
(1) first offense: one hundred fifty dollars
($150);
(2) second offense: four
hundred dollars ($400);
(3) third
and subsequent offenses: the board shall take steps to impose a further fine up
to the limit of nine hundred ninety nine dollars ($999) or to take other
disciplinary action as permitted by the act or the New Mexico Uniform Licensing
Act.
E. Working on an
expired or invalid license:
(1) first offense:
one hundred fifty dollars ($150);
(2) second offense: four hundred dollars
($400);
(3) third and subsequent
offenses: the board shall take steps to impose a further fine up to the limit
of nine hundred ninety nine dollars ($999) or to take other disciplinary action
as permitted by the act or the New Mexico Uniform Licensing Act.
F. Performing services for
compensation in an unlicensed establishment:
(1) first offense: five hundred dollars
($500);
(2) second offense: six
hundred dollars ($600);
(3) third
and subsequent offenses: the board shall take steps to impose a further fine up
to the limit of nine hundred ninety nine dollars ($999) or to take other
disciplinary action as permitted by the act or the New Mexico Uniform Licensing
Act.
G. Failure by a
school to properly and timely register all students:
(1) first offense: two hundred dollars
($200);
(2) second offense: four
hundred dollars ($400);
(3) third
and subsequent offenses: the board shall take steps to impose a further fine up
to the limit of nine hundred ninety nine dollars ($999) or to take other
disciplinary action as permitted by the act or the New Mexico Uniform Licensing
Act.
H. Committing any of
the causes listed in Subsection A of Section 61-17-21 NMSA 1978 not otherwise
addressed in these rules:
(1) first offense:
two hundred dollars ($200);
(2)
second offense: four hundred dollars ($400;
(3) third and subsequent offenses: the board
shall take steps to impose a further fine up to the limit of nine hundred
ninety nine dollars ($999) or to take other disciplinary action as permitted by
the act or the New Mexico Uniform Licensing Act.
I. Student loan default is defined as "the
failure of a borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where the lender or guarantee
agency finds it reasonable to conclude that the borrower no longer intends to
honor the obligation to repay, provided that this failure persists for 180
days."
J. Official notice of
default: The board shall take steps to impose a fine up to nine hundred ninety
nine dollars ($999) or take other disciplinary action as permitted by the act
or the Uniform Licensing Act which may include suspension, revocation or
failure to renew a license.
