Knowingly And Willfully

“Knowingly and willfully”, for the purpose of assessing civil penalties, means the voluntary or conscious performance of an act that is prohibited or the voluntary or conscious failure to perform an act or duty that is required.  It does not include performances or failures to perform that are honest mistakes or merely inadvertent.  It includes, but does not require, performances or failures to perform that result from a criminal or evil intent or from a specific intent to violate the law.  The conduct’s knowing and willful nature may be established by plain indifference to or reckless disregard of the requirements of statutes, rules, orders or permits.  A consistent pattern or performance or failure to perform also may be sufficient to establish the conduct’s knowing and willful nature, where such consistent pattern is neither the result of honest mistakes nor mere inadvertency.  Conduct that is otherwise regarded as being knowing and willful is rendered neither accidental nor mitigated in character by the belief that the conduct is reasonable or legal.

Source: Oil and Gas, New Mexico Administrative Code Title 19, Chapter 15, January 2013. Regulations


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