Civil penalty; suspension or revocation of registration.

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A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation.

B. The superintendent may suspend or revoke the registration of a secondhand metal dealer when the superintendent finds that the dealer has intentionally violated a provision of the Sale of Recycled Metals Act.

C. Prior to the imposition of a civil penalty or the suspension or revocation of a registration, the superintendent shall provide notice and an opportunity to be heard pursuant to the pertinent notice and hearing provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].

History: Laws 2008, ch. 29, § 13; 2012, ch. 29, § 12; 2012, ch. 33, § 12.

ANNOTATIONS

The 2012 amendment, effective July 1, 2012, provided for the suspension or revocation of the registration of secondhand metal dealers; added Subsection B; and in Subsection C, after "imposition of a", changed "civil penalty, the person being penalized shall be afforded" to "civil penalty or the suspension or revocation of a registration, the superintendent shall provide", and after "to be heard", deleted "by the superintendent".

Laws 2012, ch. 29, § 12 and Laws 2012, ch. 33, § 12 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 12. See 12-1-8 NMSA 1978.


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