Page 187 - An Indispensible Resource for Being a Credible Activist

should the court determine that the action against the principal is frivolous, the sales repre-
sentative shall be liable to the principal for all attorneys’ fees and assorted costs incurred.
Workplace security. Under an amendment to the State Public Law, no employee of a
public utility who is in possession of any identification badge, as provided for by the State
Public Law, shall loan, allow, or permit any other person to use or display such identifica-
tion badge; in case of the loss of any such badge, the employee shall notify the public util-
ity forthwith of such loss and the circumstances surrounding the same. Any employee who
shall display or use the identification badge of a public-utility employee for the purpose of
deceiving any person as to his or her identity shall be guilty of a crime of the fourth degree,
punishable by imprisonment for up to 18 months, a fine of $10,000, or both. Persons who
knowingly sell, offer or expose for sale, or otherwise transfer, or who possess with the intent
to sell, offer or expose for sale, or otherwise transfer, a document, printed form, or other
writing that falsely purports to be a public-utility employee identification badge required
under provisions of the State Public Law and that could be used as a means of verifying a
person’s identity as a public-utility employee is guilty of a crime in the second degree. The
State Waterfront Commission Act was amended in order to clarify the grounds for denial of
license applications and revocation of licenses, as well as to provide for the postponement
of certain hearings. The commission has the authority to deny an application for a license
or registration for a variety of reasons, including association with a person who has been
identified by a Federal, State, or local law enforcement agency as a member or an associate
of an organized crime group, a terrorist group, or a career offender cartel. The amended act
defines a terrorist group as either (1) a group associated or affiliated with, or funded in
whole or in part by, an organization designated as a terrorist company by the U.S. Secretary
of State in accordance with Section 219 of the Immigration and Nationality Act, as amended
from time to time, or (2) any other company that assists, funds, or engages in crimes or acts
of terrorism as defined in the laws of the United States, of the State of New Jersey, or of the
State of New York. A person whose permit, license, or registration has been temporarily sus-
pended may, at any time, demand that the commission conduct a hearing as provided for in
the act. Upon failure of the commission to commence a hearing or render a determination
within the time limits prescribed by the act, the temporary suspension of the permittee,
licensee, or registrant shall immediately terminate. Notwithstanding other provisions of the
act, if a Federal, State, or local law enforcement agency or prosecutor’s office shall request
the suspension or deferment of any hearing on the ground that such a hearing would
obstruct or prejudice an investigation or prosecution, the commission may, in its discretion,
postpone or defer such hearing for a certain length of time or indefinitely. Any action by the
commission to postpone a hearing shall be subject to immediate judicial review as provided
within the contents of this act.

NEW MEXICO

Inmate labor. Research has shown that obtaining gainful employment for a person released
from prison is a key factor in rehabilitation, reducing recidivism, and ensuring the safety
and security of the State’s citizens. Further, these individuals encounter many barriers when

170 The H R Toolkit