Penalties cumulative.

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All penalties accruing under this act shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility or any officer, director, agent or employee thereof or any other corporation or person.

History: Laws 1941, ch. 84, § 78; 1941 Comp., § 72-1006; 1953 Comp., § 68-10-6.

ANNOTATIONS

Compiler's notes. — For the meaning of "this act", see 62-13-1 NMSA 1978 and notes thereto.

Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.

Law reviews. — For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73B C.J.S. Public Utilities § 59.


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