New Mexico Statutes
Article 30 - Real Estate Appraisers
Section 61-30-22 - Civil and criminal penalties; injunctive relief. (Repealed effective July 1, 2024.)

A. Any person who violates any provision of the Real Estate Appraisers Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months or both.
B. In the event any person has engaged in or proposes to engage in any act or practice violating a provision of the Real Estate Appraisers Act, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur shall, upon application of the board, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.
C. The board may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation of the Real Estate Appraisers Act and assess administrative costs for any investigation and administrative or other proceedings against a real estate appraiser trainee, a state licensed residential real estate appraiser or a state certified real estate appraiser. The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty not to exceed two thousand dollars ($2,000) against any person who is found, through an administrative proceeding, to have acted without a license. Appeals from decisions of the board shall be taken as provided in Section 39-3-1.1 NMSA 1978.
History: Laws 1990, ch. 75, § 22; 1993, ch. 269, § 20; 2003, ch. 328, § 19; 2014, ch. 33, § 19; 2017, ch. 52, § 14.
Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.
The 2017 amendment, effective June 16, 2017, provided that the real estate appraisers board may impose a civil penalty not to exceed two thousand dollars ($2,000) against any person found to have acted without a license; in Subsection C, after "certified real estate appraiser", deleted "or" and added a period, and after the period, added "The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty not to exceed two thousand dollars ($2,000)".
The 2014 amendment, effective May 21, 2014, provided penalties for appraiser trainees; and in Subsection C, in the first sentence, after "proceedings against a", deleted "state apprentice", after "real estate appraiser", added "trainee, a", and after "state licensed", added "residential".
The 2003 amendment, effective July 1, 2003, substituted "Civil and criminal penalties" for "Penalty" at the beginning of the section heading; substituted "one thousand dollars ($1,000)" for "five hundred dollars ($500)" in Subsection A; and added Subsection C.
The 1993 amendment, effective June 18, 1993, deleted "commission, upon the advice and recommendation of the" before "board" in Subsection B.

Structure New Mexico Statutes