Section 61-23-24 - Engineering; violations; disciplinary action; penalties; reissuance of certificates. (Repealed effective July 1, 2012.)
61-23-24. Engineering; violations; disciplinary action; penalties; reissuance of certificates. (Repealed effective July 1, 2012.)
A. The board may suspend, refuse to renew or revoke the certificate of licensure, impose a fine not to exceed five thousand dollars ($5,000), place on probation for a specific period of time with specific conditions or reprimand any professional engineer who is found by the board to have:
(1) practiced or offered to practice engineering in New Mexico in violation of the Engineering and Surveying Practice Act [61-23-1 NMSA 1978];
(2) attempted to use the certificate of another;
(3) given false or forged evidence to the board or to any board member for obtaining a certificate of licensure;
(4) falsely impersonated any other licensee of like or different name;
(5) attempted to use an expired, suspended or revoked certificate of licensure;
(6) falsely presented himself to be a professional engineer by claim, sign, advertisement or letterhead;
(7) violated the rules of professional responsibility for professional engineers adopted and promulgated by the board;
(8) been disciplined in another state for action that would constitute a violation of either or both the Engineering and Surveying Practice Act [61-23-1 NMSA 1978] or the rules adopted by the board;
(9) been convicted of a felony; or
(10) procured, aided or abetted any violation of the provisions of the Engineering and Surveying Practice Act or the rules of the board.
B. Except as provided in Subsection C of Section 61-23-21 NMSA 1978, nothing in the Engineering and Surveying Practice Act shall prohibit the general use of the word "engineer", "engineered" or "engineering" so long as such words are not used in an offer to the public to perform engineering work as defined in Subsections E and L of Section 61-23-3 NMSA 1978.
C. The board may by rule establish the guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include minimum and maximum fines, periods of probation or conditions of probation or reissuance of a license.
D. Failure to pay any fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Uniform Licensing Act is a misdemeanor and shall be grounds for further action against the licensee by the board and for judicial sanctions or relief.
E. Any person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against any licensed professional engineer. The charges shall be in writing and shall be sworn to by the person making the charges and filed with the executive director of the board. All charges shall be referred to the engineering committee, acting for the board. No action that would have any of the effects specified in Subsection D, E or F of Section 61-1-3 NMSA 1978 may be initiated later than two years after the discovery by the board, but in no case shall an action be brought more than ten years after the completion of the conduct that constitutes the basis for the action. All charges, unless dismissed as unfounded, trivial, resolved by reprimand or settled informally, shall be heard in accordance with the provisions of the Uniform Licensing Act [61-1-1 NMSA 1978] by the engineering committee acting for the board or by the board.
F. Persons making charges shall not be subject to civil or criminal suits, provided that the charges are made in good faith and are not frivolous or malicious.
G. The board or any board member may initiate proceedings pursuant to the provisions of this section in accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying Practice Act shall deny the right of appeal from the decision and order of the board in accordance with the provisions of the Uniform Licensing Act.
H. The board, for reasons it deems sufficient, may reissue a certificate of licensure to any person whose certificate has been revoked or suspended, providing a majority of the members of the engineering committee, acting for the board, or of the board votes in favor of such reissuance. A new certificate of licensure bearing the original license number to replace any certificate revoked, lost, destroyed or mutilated may be issued subject to the rules of the board with payment of a fee determined by the board.
I. The professional engineering committee shall prepare and adopt rules of professional responsibility for professional engineers as provided in the Engineering and Surveying Practice Act that shall be made known in writing to every licensee and applicant for licensure pursuant to that act and shall be published in the roster. Publication and public notice shall be in accordance with the Uniform Licensing Act. The professional engineering committee may revise and amend the rules of professional responsibility for professional engineers from time to time and shall notify each licensee in writing of such revisions or amendments.
J. A violation of any provision of the Engineering and Surveying Practice Act is a misdemeanor punishable upon conviction by a fine of not more than five thousand dollars ($5,000) or by imprisonment of no more than one year, or both.
K. The attorney general or district attorney of the proper district or special prosecutor retained by the board shall prosecute violations of the Engineering and Surveying Practice Act by a nonlicensee.
L. The practice of engineering in violation of the provisions of the Engineering and Surveying Practice Act shall be deemed a nuisance and may be restrained and abated by injunction without bond in an action brought in the name of the state by the district attorney or on behalf of the board by the attorney general or the special prosecutor retained by the board. Action shall be brought in the county where the violation occurs.