New Mexico Statutes 58-13A-12. Enforcement
A. If the director believes, whether or not based upon an investigation conducted under Section 11 [58-13A-11 N.M. Stat. Ann.] of the Model State Commodity Code, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of that code or any rule or order under that code, the director may:
Terms Used In New Mexico Statutes 58-13A-12
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) issue a cease and desist order;
(2) take disciplinary action against a licensed person as specified in that code;
(3) issue an order imposing a civil penalty in amount which may not exceed ten thousand dollars ($10,000) for any single violation or one hundred thousand dollars ($100,000) for multiple violations in a single proceeding or a series of related proceedings; or
(4) initiate any of the actions specified in Subsection B of this section.
B. The director may institute any of the following actions in the appropriate courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
(1) a declaratory judgment;
(2) an action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with the Model State Commodity Code or any rule or order of the director;
(3) an action for disgorgement; (4) an action for restitution; or
(5) an action for appointment of a receiver or conservator for the defendant or the defendant’s assets.