The commission may impose a civil penalty on any person who is found, through a court or administrative proceeding, to have acted in violation of Chapter 61, Article 29 NMSA 1978 in an amount not to exceed one thousand dollars ($1,000) for each violation or, if the commission can so determine, in the amount of the total commissions received by the person for the unlicensed activity. The commission may assess administrative costs for any investigation and administrative or other proceedings against any such person. Any money collected by the commission under the provisions of this section shall be deposited into the real estate recovery fund.
History: Laws 2001, ch. 163, § 11; 2011, ch. 85, § 9.
The 2011 amendment, effective July 1 2011, permitted the commission to impose a civil penalty in the amount of the total commissions received for an unlicensed activity and required civil penalties to be deposited into the real estate recovery fund.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 29 - Real Estate Brokers and Salesmen
Section 61-29-1 - Prohibition.
Section 61-29-1.1 - Recompiled.
Section 61-29-2 - Definitions and exceptions.
Section 61-29-3 - Criminal offender's character evaluation.
Section 61-29-4 - Creation of commission; powers and duties.
Section 61-29-4.3 - Regulation and licensing department; administratively attached.
Section 61-29-5 - Organization of commission.
Section 61-29-5.1 - Recompiled.
Section 61-29-6 - Meeting of the commission.
Section 61-29-7 - Reimbursement and expenses.
Section 61-29-8 - License fees; disposition.
Section 61-29-9 - Qualifications for license.
Section 61-29-10 - Application for license and examination.
Section 61-29-10.1 - Brokerage relationships; creation.
Section 61-29-10.2 - Licensee's duties; disclosure.
Section 61-29-10.3 - Repealed.
Section 61-29-11 - Issuance, renewal and surrender of licenses.
Section 61-29-12 - Refusal, suspension or revocation of license for causes enumerated.
Section 61-29-13 - Provision for hearing before suspension or revocation of license.
Section 61-29-15 - Maintenance of list of licensees.
Section 61-29-16 - Suit by qualifying or associate broker.
Section 61-29-16.1 - Foreign brokers; consent to service; referral fees.
Section 61-29-16.2 - Nonresident licensees; consent to service.
Section 61-29-17 - Penalty; injunctive relief.
Section 61-29-17.1 - Recompiled.
Section 61-29-17.2 - Unlicensed activity; civil penalty; administrative costs.
Section 61-29-18 - Interpretation of act.
Section 61-29-19.1 - Real estate education and training fund created; purpose; appropriation.
Section 61-29-20 - Short title.
Section 61-29-21 - Fund created.
Section 61-29-22 - Additional fees.
Section 61-29-24 - Commission; compromise.
Section 61-29-25 - Commission finding.
Section 61-29-26 - Insufficient funds.