NM Stat § 61-17A-7 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 17A - Barbers and Cosmetologists|Section 61-17A-7 - Board powers and duties. (Repealed effective July 1, 2026.)

A. The board shall: (1) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Barbers and Cosmetologists Act; (2) establish fees; (3) provide for the examination, licensure and license renewal of applicants for licensure; (4) establish standards for and provide for the examination, licensure and license renewal of manicurists-pedicurists, estheticians and electrologists; (5) adopt a seal; (6) furnish copies of rules and sanitary requirements adopted by the board to each owner or manager of an establishment, enterprise or school; (7) keep a record of its proceedings and a register of applicants for licensure; (8) provide for the licensure of barbers, hairstylists, cosmetologists, manicurists-pedicurists, estheticians, electrologists, instructors, schools, enterprises and establishments; (9) establish administrative penalties and fines; (10) create and establish standards and fees for special licenses; (11) establish guidelines for schools to calculate tuition refunds for withdrawing students; and (12) issue cease and desist orders to persons violating the provisions of the Barbers and Cosmetologists Act and rules promulgated in accordance with that act. B. The board may establish continuing education requirements as requirements for licensure. C. A member of the board, its employees or agents may enter and inspect a school, enterprise or establishment at any time during regular business hours for the purpose of determining compliance with the Barbers and Cosmetologists Act. History: Laws 1993, ch. 171, § 7; 1997, ch. 218, § 4; 2003, ch. 408, § 23; 2007, ch. 181, § 16; 2013, ch. 162, § 1; 2015, ch. 129, § 2; 2017, ch. 112, § 6. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-17A-25 NMSA 1978. The 2017 amendment, effective June 16, 2017, required the board of barbers and cosmetologists to provide for the licensure of hairstylists; in Subsection A, Paragraph A(8), after "licensure of barbers", added "hairstylists". The 2015 amendment, effective July 1, 2015, removed the board of barbers and cosmetologists' oversight authority over the Body Art Safe Practices Act; in Paragraph (1) of Subsection A, after "Cosmetologists Act", deleted "and the Body Art Safe Practices Act"; in Paragraph (4) of Subsection A, after "estheticians", added "and", and after "electrologists", deleted "and body artists and operators pursuant to the Body Art Safe Practices Act"; in Paragraph (8) of Subsection A, after "estheticians", deleted "body artists and operators pursuant to the Body Art Safe Practices Act"; in Paragraph (11) of Subsection A, after "students", added "and"; deleted Paragraph (12) of Subsection A, relating to the hiring staff to administer the provisions of the Body Art Safe Practices Act, and redesignated former Paragraph (13) of Subsection A as Paragraph (12) of Subsection A; in Paragraph (12) of Subsection A, after "Cosmetologists Act", deleted "or the Body Art Safe Practices Act", and after "in accordance with", deleted "those acts" and added "that act"; in Subsection C, after Cosmetologists Act", deleted "and the Body Art Safe Practices Act". Temporary provisions. — Laws 2015, ch. 129, § 10 provided: A. On July 1, 2015: (1) all personnel and all money, appropriations, records, furniture, equipment, supplies and other property that belonged or were allocated to the board of barbers and cosmetologists for use in connection with the implementation of the Body Art Safe Practices Act are transferred to the board of body art practitioners; (2) all money that is in the barbers and cosmetologists fund that was paid into the fund pursuant to the Body Art Safe Practices Act or regulations promulgated pursuant to that act shall be transferred to the body art practitioners fund; (3) all existing contracts, agreements and other obligations that relate to the Body Art Safe Practices Act or the board of barbers and cosmetologists work pursuant to that act shall be binding on the board of body art practitioners; (4) all pending court cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the board of barbers and cosmetologists that relate solely to the implementation of the Body Art Safe Practices Act shall be unaffected and shall continue in the name of the board of body art practitioners. Pending legal or administrative proceedings described in this paragraph that relate to the board of barbers and cosmetologists and to the implementation of the Body Art Safe Practices Act shall be unaffected, but the board of body art practitioners shall be joined as a party; (5) all rules, orders and other official acts of the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall continue in effect until amended, replaced or repealed by the board of body art practitioners; and (6) references in the law, rules and orders to the board of barbers and cosmetologists in connection with the Body Art Safe Practices Act shall be deemed references to the board of body art practitioners. B. Licenses that were issued before the effective date of this act by the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall remain in effect until the license expires or is renewed or reissued by the board of body art practitioners. The 2013 amendment, effective June 14, 2013, added the power to issue cease and desist orders; and added Paragraph (13) of Subsection A. The 2007 amendment, effective June 15, 2007, requires the board to adopt rules to carry out the Body Art Safe Practices Act and establish standards and provide examination and licensure for body artists and operators pursuant to the Body Art Safe Practices Act and adds Paragraph (12) of Subsection A. Appropriations. — Laws 2007, ch. 181, § 18, effective June 15, 2007, appropriates $300,000 from the barbers and cosmetology fund to the board of barbers and cosmetologists for expenditure in fiscal year 2008 for administration of the Body Safe Practices Act. The 2003 amendment, effective July 1, 2003, deleted "and regulations" following "State Rules Act, rules" near the middle of Paragraph A(1); deleted "and regulations" following "copies of rules" near the beginning of Paragraph A(6); and deleted former Paragraph A(11), concerning hire of director and staff, and redesignated former Paragraph A(12) as present Paragraph A(11). The 1997 amendment, in Subsection A, substituted "licensure and license renewal" for "certification and renewal of certification" in Paragraph (4), inserted "enterprise" in Paragraph (6), deleted "certification or" preceding "licensure" in Paragraph (7), rewrote Paragraph (8), inserted "and fees" in Paragraph (10), added Paragraph (12) and made minor stylistic changes at the end of Subsections (10) and (11) accordingly; and, in Subsection C, inserted "enterprise". Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table. Board deemed state officers for venue purposes. — The former board of barber examiners was clothed by the legislature with powers and duties of statewide scope, the exercise of which involved some portion of the governmental power. Hence the board itself, as well as its component members, was a state officer for venue purposes. Tudesque v. N.M. State Bd. of Barber Exam'rs, 1958-NMSC-128, 65 N.M. 42, 331 P.2d 1104. Fee not waivable. — A barber shop had to pay the establishment license fee in order to be a valid operation and the state board had no authority to waive the requirement that a shop pay the fee. 1952 Op. Att'y Gen. No. 51-5407 (rendered under former law). Inspection fee not chargeable for relocation. — Inspection fee provision applied only to barber shops which were opening for business for the first time. It did not apply where mere location of shop was changed. 1937 Op. Att'y Gen. No. 37-1709 (rendered under former law). Inspection fee chargeable for reopening. — The opening of a barber shop after it was closed for some years constituted the opening or establishment of such shop for which the inspection fee was payable under former Section 61-17-13 NMSA 1978. 1938 Op. Att'y Gen. No. 38-1974 (rendered under former law). No fee chargeable for certificate transfer. — The board could pass a rule requiring a transfer of the annual establishment license mentioned in former Section 61-17-13 NMSA 1978 in the books of the board, or by an exchange of the certificate transferred for a new certificate issued in lieu of the old one and in the name of the vendee, but it could not make any charge for this transfer or exchange of license certificates, since former Section 61-17-13 NMSA 1978 did not authorize such a charge and the board could not, by rule, require the payment of charges not authorized by this section. 1939 Op. Att'y Gen. No. 39-3233 (rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 11 Am. Jur. 2d Barbers and Cosmetologists § 9 et seq.