Section 24-17-18 - Report to attorney general; civil action; civil penalties.
24-17-18. Report to attorney general; civil action; civil penalties.
Any time after the state agency on aging issues a notice of violation, the state agency on aging may send the attorney general a written report alleging a possible violation of the Continuing Care Act [24-17-1 NMSA 1978] or any rule adopted pursuant to that act. Upon receipt of that report, the attorney general shall promptly conduct an investigation to determine whether grounds exist for formally finding a violation. If the attorney general makes that finding, he shall file an appropriate action against the alleged violator in a court of competent jurisdiction. Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the violation remains uncorrected after the compliance date stipulated in a notice of violation issued pursuant to the Continuing Care Act.