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§ 2-9-1-15  APPEAL/ADMINISTRATIVE HEARING PROCEDURE.
   (A)   General.
      (1)   Any person seeking an appeal under the anti-price gouging ordinance shall do so by adhering to the procedures established for the Independent Office of Hearings at Chapter 2, Article 7, Part 8 ROA 1994 et seq.
   (B)   Enforcement of the Order of the City Attorney or the Hearing Officer.
      (1)   Compliance.
         (a)   General. After any order of the City Attorney or Hearing Officer made pursuant to the anti-price gouging ordinance shall have become final, no person to whom an order is directed shall fail, neglect, or refuse to obey such order.
         (b)   Any person who fails to comply with any such order is subject to a civil penalty of $500.
         (c)   Failure to obey order. If, after any order of the City Attorney or Hearing Officer made pursuant to the anti-price gouging ordinance has become final, the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the City Attorney may:
            1.   File a motion to show cause before the Independent Office of Hearings within 60 calendar days. If the Hearing Officer determines that there is good cause, the Hearing Officer shall notice a show cause hearing and convene all parties. The show cause hearing will be conducted in substantially the same manner as an appeal hearing. If the Hearing Officer determines that there is substantial evidence that the person(s) to whom the order is directed has failed, neglected, or refused to obey such order, then the Hearing Officer shall order that such person must pay a civil penalty not to exceed $500 plus an additional $100 for each month after the date of the original order that such person failed, neglected, or refused to obey. The total civil penalty shall be paid to the City of Albuquerque in the manner required by the Hearing Officer.
            2.   Remedies in Court. The city, acting through the City Attorney, may file an action in a court of competent jurisdiction to enforce an order of the City Attorney or Hearing Officer. Remedies may include, but are not limited to:
               A.    Enjoinment of any person violating the provisions of the anti-price gouging ordinance;
               B.    Other temporary or permanent injunctive relief;
               C.    Recovery of civil fines and civil penalties; and
               D.    Restitution on behalf of persons who have been harmed by the price gouging method, act, or practice.
(Ord. 2020-020)