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New Mexico Statutes Chapter 57. Trade Practices and Regulations § 57-25-4. Penalty

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A. The department or its authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined that the owner or operator has not acquired a policy of insurance or has not maintained inspections of his carnival rides.  The operation of the ride shall not resume until the requisite insurance is in effect, inspections have been made and the requisite certificates have been filed with the department and the local government entity.

B. The department may appear in its own name in the district court of Santa Fe county or any other county having jurisdiction to prevent violations or to enforce the provisions of the Carnival Ride Insurance Act, the orders, rules and regulations, codes and minimum standards made pursuant to this act by injunction, mandamus or any other proper legal proceeding without bond, including an order not to move the carnival ride.

C. The local law enforcement agency shall have the authority to enforce the provisions of the Carnival Ride Insurance Act.  Any person who does not maintain liability insurance on a carnival ride, operates a carnival ride or authorizes the operation of a carnival ride that does not have insurance, does not annually have his carnival rides inspected or does not file the proper certificates as set forth in the Carnival Ride Insurance Act is guilty of a misdemeanor and upon conviction the court shall impose a fine of up to one thousand dollars ($1,000) a day for the operation of each ride.

(a) In this section, “accountant's document”:

(1) means any of the following documents, if the document is prepared by an accountant in the course of professional service provided to a client:

(i) a memorandum;

(ii) a record;

(iii) a schedule;

(iv) a statement;  or

(v) a working paper;  and

(2) does not include any document provided by the client to the accountant.

(b) Unless the client to whom an accountant's document relates and the accountant expressly agree to the contrary, the accountant's document is:

(1) the property of the accountant who prepared it;  or

(2) if the accountant is a partner or employee of an accounting firm, the property of the firm.

(c) Unless the client or a personal representative or assignee of the client consents, an accountant who holds an accountant's document that relates to a client may not give, sell, or otherwise transfer the accountant's document to anyone other than a partner of the accountant.

Cite this article: - New Mexico Statutes Chapter 57. Trade Practices and Regulations § 57-25-4. Penalty - last updated May 06, 2021 |

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