New Mexico § 60-14-19 - Penalties

§ 60-14-19. Penalties

A. Any person who knowingly and willfully violates a provision of the Manufactured

Housing Act or any rule, regulation or administrative order of the committee or division

in a manner that threatens the health or safety of any purchaser or consumer is guilty

of a misdemeanor and on conviction shall be fined not more than one thousand dollars

($1,000) or shall be confined in the county jail not longer than one year or both. B. In any action brought to enforce any provision of the Manufactured Housing Act,

the division, upon petition to the court, may recover on behalf of the state a civil

penalty not to exceed one thousand dollars ($1,000) for each violation, except that

the maximum civil penalty may not exceed one million dollars ($1,000,000) for any

related series of violations occurring within one year from the date of the first

violation. C. Failure by a manufacturer or dealer to comply with the warranty provisions of the

Manufactured Housing Act or any implied warranties or the violation of any provision

of the Manufactured Housing Act by any person is an unfair or deceptive trade practice

in addition to those practices defined in the Unfair Practices Act and is actionable

pursuant to the Unfair Practices Act. 1 As such, the venue provisions and all remedies available in the Unfair Practices

Act apply to and are in addition to the remedies in the Manufactured Housing Act. D. The director may issue a license to an applicant who at any time within one year

prior to making an application has acted as an unlicensed dealer, broker, salesperson,

repairman, manufacturer or installer in New Mexico without a license as required by

the division if: (1) the applicant in addition to all other requirements for licensure pays an additional

fee as follows: (a) in an amount up to ten percent of the contract price or the value of the unlicensed

work in the discretion of the committee; or (b) if the applicant has bid or offered a price on a project and was not the successful

bidder or offeror, the fee shall be at least one percent but not more than five percent

of the total bid amount in the discretion of the committee; and (2) the director is satisfied that no incident of unlicensed work: (a) caused monetary damage to any person; or (b) resulted in an unresolved consumer complaint being filed against the applicant. E. Any unlicensed person who has performed unlicensed work may settle the claims against

that unlicensed person without becoming licensed if the administrative claims arise

from that person's first offense and that person pays an administrative fee calculated

pursuant to Paragraph (1) of Subsection D of this section. In addition to the administrative fee, an additional ten percent of the amount of

the administrative fee shall be assessed as a service fee. F. If the total fee to be paid by the unlicensed person pursuant to the provisions

of Subsection D or E of this section is twenty-five dollars ($25.00) or less, the

fee may be waived by the director. 1

NMSA 1978, § 57-12-1 et seq.