Section 61-29-17 - Penalty; injunctive relief. (Repealed effective July 1, 2012.)
61-29-17. Penalty; injunctive relief. (Repealed effective July 1, 2012.)
A. Any person who violates any provision of Chapter 61, Article 29 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months or both; any corporation or business association which violates any provision of Chapter 61, Article 29 NMSA 1978 shall be punished by a fine of not more than one thousand dollars ($1,000).
B. In the event any person, business association or corporation has engaged or proposes to engage in any act or practice violative of a provision of Chapter 61, Article 29 NMSA 1978, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur shall, upon application of the commission, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.
C. In any action brought under Subsection B of this section, if the court finds that a person is engaged or has willfully engaged in any act or practice violative of a provision of Sections 61-29-1 through 61-29-18 NMSA 1978, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or is occurring shall upon petition to the court recover on behalf of the state of New Mexico a civil penalty not exceeding five thousand dollars ($5,000) per violation and attorneys' fees and costs.