Section 60-15-13 - Violations; criminal, civil and administrative penalties.
60-15-13. Violations; criminal, civil and administrative penalties.
A. A person who operates a crane without a hoisting operator's license is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than three hundred dollars ($300) or by imprisonment of not more than six months or both.
B. An employer or his representative who knowingly, willingly or intentionally allows a person not licensed under the Hoisting Operators Safety Act to operate hoisting equipment is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment of not more than six months or both.
C. Any licensed hoisting operator who violates any provision of the Hoisting Operators Safety Act may be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each day during any portion of which a violation occurs.
D. The department may bring an action in a court of competent jurisdiction to enjoin any person from violating any provisions of the Hoisting Operators Safety Act. If the court finds that a violation has occurred, the person who committed the violation shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act plus reasonable attorneys' fees and costs associated with court action.
E. Notwithstanding any other provision of the Uniform Licensing Act [61-1-1 NMSA 1978] or the Hoisting Operators Safety Act, the department may assess an administrative penalty not to exceed one thousand dollars ($1,000) for any violation specified in the Hoisting Operators Safety Act in addition to or instead of revocation or suspension of a license.