A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation.
B. The superintendent may suspend or revoke the registration of a secondhand metal dealer when the superintendent finds that the dealer has intentionally violated a provision of the Sale of Recycled Metals Act.
C. Prior to the imposition of a civil penalty or the suspension or revocation of a registration, the superintendent shall provide notice and an opportunity to be heard pursuant to the pertinent notice and hearing provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History: Laws 2008, ch. 29, § 13; 2012, ch. 29, § 12; 2012, ch. 33, § 12.
The 2012 amendment, effective July 1, 2012, provided for the suspension or revocation of the registration of secondhand metal dealers; added Subsection B; and in Subsection C, after "imposition of a", changed "civil penalty, the person being penalized shall be afforded" to "civil penalty or the suspension or revocation of a registration, the superintendent shall provide", and after "to be heard", deleted "by the superintendent".
Laws 2012, ch. 29, § 12 and Laws 2012, ch. 33, § 12 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 12. See 12-1-8 NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 30 - Sale of Recycled Metals
Section 57-30-1 - Short title.
Section 57-30-2 - Definitions.
Section 57-30-2.1 - Issuance of registration; period of registration.
Section 57-30-2.2 - Secondhand metal dealers; registration required; application; fee.
Section 57-30-2.3 - Duties of secondhand metal dealers.
Section 57-30-2.4 - Restricted transactions; additional documentation required.
Section 57-30-3 - Notice to sellers.
Section 57-30-4 - Information provided by seller.
Section 57-30-5 - Record of purchase.
Section 57-30-6 - Preservation of records.
Section 57-30-7 - Inspection of records by peace officers; holds on property.
Section 57-30-8 - Furnishing of report to department.
Section 57-30-10 - Powers and duties of superintendent.
Section 57-30-11 - Waiting period for disposal of regulated material.
Section 57-30-12 - Prohibited acts.
Section 57-30-13 - Civil penalty; suspension or revocation of registration.