A. A person who is denied a license or registration or who has a license or registration suspended or revoked shall be entitled to a hearing before the department if within twenty days after the denial, suspension or revocation a request for a hearing is received by the department. The procedures of the Uniform Licensing Act shall [61-1-1 to 61-1-31 NMSA 1978] be followed pertaining to the hearing to the extent that they do not conflict with the provisions of the Private Investigations Act.
B. In accordance with the provisions of the Uniform Licensing Act, and in addition to other penalties provided by law, the department may impose the following:
(1) for a violation of the Private Investigations Act, a civil penalty not to exceed one thousand dollars ($1,000) for each violation; and
(2) against a person who is found by the department to be engaging in a practice regulated by the department without an appropriate license or registration, civil penalties not to exceed two thousand dollars ($2,000).
History: Laws 1993, ch. 212, § 14; § 61-27A-14 recompiled as § 61-27B-27; Laws 2007, ch. 115, § 27; 2017, ch. 52, § 9.
Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.
Recompilations. — For recompilation of this section, see compiler's note following 61-27B-1 NMSA 1978.
The 2017 amendment, effective June 16, 2017, raised the maximum civil penalty for engaging in a practice regulated by the department of regulation and licensing without a license from $1,000 to $2,000; and in Subsection B, Paragraph B(2), after "not to exceed", deleted "one thousand dollars ($1,000)" and added "two thousand dollars ($2,000)".
The 2007 amendment, effective July 1, 2007, adds a new Subsection B that authorizes the department to impose penalties.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-27B-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-27B-3 - License required. (Repealed effective July 1, 2024.)
Section 61-27B-4 - Persons exempted. (Repealed effective July 1, 2024.)
Section 61-27B-5 - Administration of act; rules. (Repealed effective July 1, 2024.)
Section 61-27B-7 - Requirements for licensure. (Repealed effective July 1, 2024.)
Section 61-27B-13 - Polygraph examiner. (Repealed effective July 1, 2024.)
Section 61-27B-15 - Security guard; levels of registration. (Repealed effective July 1, 2024.)
Section 61-27B-20 - Fees. (Repealed effective July 1, 2024.)
Section 61-27B-21 - License and registration renewal. (Repealed effective July 1, 2024.)
Section 61-27B-22 - Display of license; notification of changes. (Repealed effective July 1, 2024.)
Section 61-27B-24 - Bond required. (Repealed effective July 1, 2024.)
Section 61-27B-25 - Prohibited acts. (Repealed effective July 1, 2024.)
Section 61-27B-27 - Hearing; penalties. (Repealed effective July 1, 2024.)
Section 61-27B-28 - License not transferable. (Repealed effective July 1, 2024.)
Section 61-27B-29 - Local regulations. (Repealed effective July 1, 2024.)
Section 61-27B-30 - Fund established. (Repealed effective July 1, 2024.)
Section 61-27B-31 - Firearms. (Repealed effective July 1, 2024.)
Section 61-27B-32 - Penalties. (Repealed effective July 1, 2024.)
Section 61-27B-33 - Reciprocity. (Repealed effective July 1, 2024.)
Section 61-27B-34 - Background investigations. (Repealed effective July 1, 2024.)
Section 61-27B-35 - Temporary provision; transition.
Section 61-27B-36 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)