A. Notwithstanding any other provision of the Crane Operators Safety Act, the department upon reasonable cause that a violation of the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act has occurred that creates a health or safety risk for the community, which requires immediate action, may issue a stop work order. At any time after service of the order to stop work, the person may request a prompt hearing to determine whether a violation occurred. If a person fails to comply with a stop work order within twenty-four hours, the department may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations.

B. Whenever the department possesses evidence that indicates a person has engaged in or intends to engage in an act or practice constituting a violation of the Crane Operators Safety Act or a rule adopted pursuant to that act, the department may seek temporarily or permanently to restrain or to enjoin the act or practice. The department shall not be required to post a bond when seeking a temporary or permanent injunction.

C. Unless otherwise provided in the Crane Operators Safety Act, it is a violation of that act for a person to:

(1) operate, or employ a person to operate, a crane in construction, demolition or excavation work without a valid license issued pursuant to the Crane Operators Safety Act;

(2) refuse to comply with a stop work order issued by the department;

(3) refuse or fail to comply with the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act;

(4) make a material misstatement in an application for licensure;

(5) intentionally make a material misstatement to the department during an official investigation;

(6) aid or abet another in violating provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act;

(7) alter or falsify a license issued by the department; or

(8) fail to furnish to the department, its investigators or its representatives information requested by the department in the course of an official investigation.

D. The department may deny, suspend or revoke a license for a violation of the rules adopted by the department pursuant to the Crane Operators Safety Act or for a violation of the provisions of that act.

E. Disciplinary proceedings may be instituted by sworn complaint by any person, including department staff or a member of the council, and shall conform with the provisions of the Uniform Licensing Act.

F. The department may issue a citation and fine to an individual or business for violation of the provisions of the Crane Operators Safety Act. The amount of such fines and terms of such orders shall be established by the department by rule subject to the limitations of Section 60-15-13 NMSA 1978.

History: Laws 1993, ch. 183, § 11; 1995, ch. 138, § 7; 2013, ch. 76, § 4; 2017, ch. 31, § 8.

The 2017 amendment, effective June 16, 2017, replaced "hoisting" or "hoisting equipment" with "crane" throughout the section.

The 2013 amendment, effective July 1, 2013, provided for stop work orders, injunctive proceedings, and disciplinary action; in the title, deleted "reprimand", after "fines", added "denial", and after "license", added "injunctive proceedngs; violations"; deleted the former language of the section, which provided for reprimands, fines, suspension and revocation of a license for negligent or reckless operation of hoisting equipment; and added Subsections A through F.

The 1995 amendment, effective July 1, 1995, added "Reprimand; fines; suspension or" in the Section heading, inserted "reprimand or fine a licensee or suspend or" and substituted "violation of the rules and regulations adopted by the department or for any violation of the provisions of the Hoisting Operators Safety Act" for "that causes damage to property or injury to an individual".