Section 76-15-7 - Compliance; violations; penalties.
76-15-7. Compliance; violations; penalties.
A. The director shall be responsible for the administration and enforcement of this act [76-15-1 to 76-15-9 NMSA 1978].
B. Every person who violates any provision of this act or any provision of any marketing order duly issued by the director hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each day during which any of the violations above referred to continue [continues] shall constitute a separate offense.
C. Upon the filing of a certified complaint charging violation of any provisions of this act or of any provisions of any marketing order issued by the director hereunder and prior to the institution of any court proceeding authorized hereinafter, the director may, in his discretion, refer the matter to the attorney general or any district attorney of this state for action pursuant to the provisions of this act.
D. If the director finds that no violation has occurred, he shall forthwith dismiss such complaint and notify the parties to such complaint.
E. If the director finds that a violation has occurred, he shall so enter his findings and notify the parties to such complaint. Should the respondent or respondents thereafter fail, neglect or refuse to desist from such violation, within the time specified by the director, the director may thereupon file a complaint against such respondent or respondents in a court of jurisdiction, as hereinafter set forth.
F. Each district attorney of this state may, upon his own initiative, and upon any complaint of any person, shall, if after investigation he believes a violation to have occurred, bring a criminal action in the proper court in his district, in the name of the state of New Mexico, in any court of competent jurisdiction in the state of New Mexico against any person violating any provision of this act or of any marketing order duly issued by the director hereunder.
G. The director, through the attorney general of this state, may, upon his own initiative, and upon complaint of any person, if, after investigation he believes a violation to have occurred, shall bring an action in the name of the state of New Mexico in the proper court of the state of New Mexico for an injunction against any person violating any provisions of this act or of any marketing order duly issued by the director hereunder.
H. The court may issue a temporary restraining order and preliminary injunction as in other action for injunctive relief, and upon trial of such action, and if judgment be in favor of the plaintiff, the court shall permanently enjoin the defender [defendant] from further violations.
I. The judgment, if in favor of the plaintiff, shall provide that the defendant pay to the plaintiff reasonable costs of such suit, including attorney's fees incurred by any advisory board of control in the prosecution of such action.
J. Any such action may be commenced either in the county where the defendant resides or where any act or omission or part thereof complained of occurred.