reglab/housing_qa huggingface dataset:
NM Stat § 61-28B-25 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 28B - 1999 Public Accountancy Act|Section 61-28B-25 - Working papers; client records. (Repealed effective July 1, 2024.)

A. A statement, record, schedule, working paper or memorandum made by a certificate or permit holder incident to rendering a service to a client shall be the property of the certificate or permit holder in the absence of an express agreement between him and the client to the contrary, except the report submitted by him to the client and except for a record that is part of the client's records. No such item shall be sold, transferred or bequeathed without the consent of the client or the client's personal representative, except to a partner, stockholder or member of the firm or any combined or merged firm or successor in interest to the certificate or permit holder. Nothing in this section shall prohibit any temporary transfer of a work paper or other material necessary in the course of carrying out a peer review or as otherwise interfering with the disclosure of information pursuant to the 1999 Public Accountancy Act. B. A certificate or permit holder shall furnish to a client or former client, upon request and reasonable notice: (1) a copy of his working paper, to the extent that such working paper includes a record that would ordinarily constitute part of the client's record and is not otherwise available to the client; and (2) an accounting or other record belonging to, or obtained from or on behalf of, the client that he removed from the client's premises or received for the client's account; he may make and retain a copy of a document of the client when they form the basis for work done by him. History: Laws 1999, ch. 179, § 25. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
NM Stat § 61-28B-27 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 28B - 1999 Public Accountancy Act|Section 61-28B-27 - Fees. (Repealed effective July 1, 2024.)

Except as provided in Section 61-1-34 NMSA 1978, the board may collect from certificate holders, permit holders, applicants and others the following fees:A. for examination, a fee not to exceed four hundred dollars ($400) per examination section;B. for certificate issuance or renewal, a fee not to exceed one hundred seventy-five dollars ($175) per year; provided, however, that the board may charge a biennial fee of not more than twice the annual fee;C. for firm permits, a fee not to exceed one hundred dollars ($100) per year; provided, however, that the board may charge a biennial fee of not more than twice the annual fee;D. for incomplete or delinquent continuing education reports, certificate or permit renewals, a fee not to exceed one hundred dollars ($100) each;E. for preparing and providing licensure and examination information to others, a fee not to exceed seventy-five dollars ($75.00) per report;F. reasonable administrative fees for such services as research, record copies, duplicate or replacement certificates or permits;G. a fee for fingerprinting and background check for an applicant for certification not to exceed one hundred dollars ($100);H. for certificate reinstatement, a fee not to exceed one hundred seventy-five dollars ($175), plus past due fees and penalties;I. for waiver to comply with continuing professional education requirements, a fee not to exceed seventy-five dollars ($75.00) per application; andJ. for reentry into active certificate status and to comply with continuing education, a fee not to exceed seventy-five dollars ($75.00) per application. History: Laws 1999, ch. 179, § 27; 2002, ch. 85, § 1; 2004, ch. 34, § 3; 2007, ch. 219, § 4 2021, ch. 92, § 15. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, added "Except as provided in Section 61-1-34 NMSA 1978".The 2007 amendment, effective June 15, 2007, adds Subsection G. The 2004 amendment, effective March 2, 2004, amended Subsection A to increase the examination fee from two hundred twenty-five dollars ($225) to four hundred dollars ($400). The 2002 amendment, effective July 1, 2002, substituted "two hundred twenty-five dollars ($225) per examination section" for "one hundred seventy-five dollars ($175) per examination application". Delayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
NM Stat § 61-28B-28 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 28B - 1999 Public Accountancy Act|Section 61-28B-28 - Criminal offender eligibility. (Repealed effective July 1, 2024.)

Except as otherwise provided in the 1999 Public Accountancy Act, the provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration or criminal records required or permitted by the 1999 Public Accountancy Act. History: Laws 1999, ch. 179, § 28. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
NM Stat § 61-28B-29 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 28B - 1999 Public Accountancy Act|Section 61-28B-29 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)

The New Mexico public accountancy board is terminated on July 1, 2023 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the 1999 Public Accountancy Act until July 1, 2024. Effective July 1, 2024, the 1999 Public Accountancy Act is repealed. History: Laws 1999, ch. 179, § 29; 2005, ch. 208, § 20; 2011, ch. 30, § 7; 2017, ch. 52, § 13. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, changed "July 1, 2018" to "July 1, 2024", and changed "July 1, 2018" to "July 1, 2024" in two places. The 2011 amendment, effective June 17, 2011, changed the termination, operation and repeal dates. The 2005 amendment, effective June 17, 2005, changes the termination, operation and repeal dates.
NM Stat § 61-29-1.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-1.1 - Recompiled.

ANNOTATIONSRecompilations. — Former 61-29-1.1 NMSA 1978, relating to registration of time share projects and licensing of salespersons, enacted by Laws 1986, ch. 97, § 2, has been recompiled as 47-11-2.1 NMSA 1978.
NM Stat § 61-29-3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-3 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by Sections 61-29-1 through 61-29-18 NMSA 1978. History: 1953 Comp., § 67-24-20.1, enacted by Laws 1974, ch. 78, § 29. ANNOTATIONSCriminal Offender Employment Act to be followed in suspension or revocation action. — The provisions of the Criminal Offender Employment Act must be followed by the real estate commission in any action by the commission to suspend or revoke a broker's or salesperson's license because of a conviction of a felony or misdemeanor involving moral turpitude. 1982 Op. Att'y Gen. No. 82-02. Convicted felon, while on parole, is under no disqualification that would prevent him from applying for a license to practice barbering or to practice as a real estate broker or any other trade, profession or occupation in this state. 1958 Op. Att'y Gen. No. 58-214 (rendered under former law).
NM Stat § 61-29-4.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-4.1 - Additional powers of commission; continuing education programs; minimum requirements.

The commission shall adopt rules providing for continuing education courses in selling, leasing or managing residential, commercial and industrial property as well as courses in basic real estate law and practice and other courses prescribed by the commission. The regulations shall require that every licensee except licensees who were already exempted from continuing education requirements prior to July 1, 2011, as a condition of license renewal, successfully complete a minimum of thirty classroom hours of instruction every three years in courses approved by the commission. The rules may prescribe areas of specialty or expertise and may require that part of the classroom instruction be devoted to courses in the area of a licensee's specialty or expertise. History: 1978 Comp., § 61-29-4.1, enacted by Laws 1985, ch. 89, § 1; 1993, ch. 253, § 1; 2005, ch. 35, § 4; 2011, ch. 85, § 2; 2013, ch. 167, § 3. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, clarified the continuing education requirements; and in the second sentence, after "requirements prior to", deleted "the effective date of this 2011 act" and added "July 1, 2011" and after "successfully complete", added "a minimum". The 2011 amendment, effective July 1 2011, required licensees over the age of sixty-five who were not exempt from the requirement prior to the enactment of Laws 2011, ch. 85 to comply with continuing education requirements. The 2005 amendment, effective January 1, 2006, requires the real estate commission to adopt rules to provide for continuing education courses and for areas of specialty or expertise, but did not change the second sentence that requires the real estate commission to promulgate regulations to require the completion of thirty six hours of instruction every three years. The 1993 amendment, effective June 18, 1993, deleted the A designation from the beginning of the section.
NM Stat § 61-29-4.2 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-4.2 - Additional powers of the commission; professional liability insurance; minimum coverage.

A. In addition to the powers and duties granted to the commission pursuant to the provisions of Sections 61-29-4 and 61-29-4.1 NMSA 1978, the commission may adopt rules that require professional liability insurance coverage and may establish the minimum terms and conditions of coverage, including limits of coverage and permitted exceptions. If adopted by the commission, the rules shall require every applicant for an active license and licensee who applies for renewal of an active license to provide the commission with satisfactory evidence that the applicant or licensee has professional liability insurance coverage that meets the minimum terms and conditions required by commission rule. B. The commission is authorized to solicit sealed, competitive proposals from insurance carriers to provide a group professional liability insurance policy that complies with the terms and conditions established by commission rule. The commission may approve one or more policies that comply with the commission rules; provided that the maximum annual premium shall not exceed five hundred dollars ($500) for a licensee, that the minimum coverage shall not be less than one hundred thousand dollars ($100,000) for an individual claim and not less than a five-hundred-thousand-dollar ($500,000) aggregate limit per policy and that the deductible shall not be greater than one thousand dollars ($1,000). C. Rules adopted by the commission shall permit an active licensee to satisfy any requirement for professional liability insurance coverage by purchasing an individual policy. D. Rules adopted by the commission shall provide that there shall not be a requirement for a licensee to have professional liability insurance coverage during a period when a group policy, as provided in Subsection B of this section, is not in effect. History: 1978 Comp., § 61-29-4.2, enacted by Laws 2001, ch. 216, § 1; 2005, ch. 35, § 5; 2008, ch. 18, § 1; 2013, ch. 167, § 4. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, increased the limit on liability insurance premiums; and in Subsection B, in the second sentence, after "shall not exceed", deleted "three hundred dollars ($300)" and added "five hundred dollars ($500)". The 2008 amendment, effective July 1, 2008, increased the maximum annual premium from $200 to $300. The 2005 amendment, effective January 1, 2006, increases the amount for the maximum annual premium that may be charged each licensee for coverage under a group professional liability insurance policy obtained by the real estate commission.
NM Stat § 61-29-4.3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-4.3 - Regulation and licensing department; administratively attached.

The commission is administratively attached to the regulation and licensing department. History: Laws 2001, ch. 163, § 12.
NM Stat § 61-29-4.4 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-4.4 - Additional powers of commission; fingerprinting and criminal history background checks.

A. All applicants for licensure as provided for in Chapter 61, Article 29 NMSA 1978 shall:(1) be required to provide fingerprints only upon initial licensure on two fingerprint cards for submission to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history background check;(2) pay the cost of obtaining the fingerprints and criminal history background checks; and(3) have the right to inspect or challenge the validity of the records resulting from the background check if the applicant is denied licensure as established by commission rule.B. Electronic live scans may be used for conducting criminal history background checks.C. Criminal history records obtained by the commission pursuant to the provisions of this section are confidential. The commission is authorized to use criminal history records obtained from the federal bureau of investigation and the department of public safety to conduct background checks on applicants for certification as provided for in Chapter 61, Article 29 NMSA 1978.D. Criminal history records obtained by the commission pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.E. A person who releases or discloses the criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 2005, ch. 35, § 6; 2011, ch. 85, § 3; 2019, ch. 209, § 7. ANNOTATIONSThe 2019 amendment, effective July 1, 2020, provided that applicants for licensure shall be required to provide fingerprints only upon initial licensure; in Subsection A, Paragraph A(1), after "provide fingerprints", added "only upon initial licensure", and after "criminal history", added "background".The 2011 amendment, effective July 1 2011, rewrote the section to require fingerprinting and criminal history background checks of applicants for licensure.
NM Stat § 61-29-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-5 - Organization of commission.

The commission shall organize by electing a president, vice president and secretary from its members. A majority of the commission shall constitute a quorum and may exercise all powers and duties devolving upon it and do all things necessary to carry into effect the provisions of Chapter 61, Article 29 NMSA 1978. The secretary of the commission shall keep a record of its proceedings; a register of persons licensed as associate brokers and qualifying brokers, showing the name and place of business of each and the date and number of each person's license; and a record of all licenses issued, denied, suspended or revoked. This record shall be open to public inspection at all reasonable times. History: 1953 Comp., § 67-24-22, enacted by Laws 1959, ch. 226, § 4; 2001, ch. 163, § 2; 2005, ch. 35, § 7. ANNOTATIONSThe 2005 amendment, effective January 1, 2006, requires the secretary of the real estate commission to keep a register of persons licensed as associate brokers and qualifying brokers. The 2001 amendment, effective July 1, 2001, substituted "Chapter 61, Article 29 NMSA 1978" for "this act" and "salespersons" for "salesmen".
NM Stat § 61-29-5.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-5.1 - Recompiled.

ANNOTATIONSRecompilations. — Former 61-29-5.1 NMSA 1978, relating to a register of time share projects and applicants for certificates of registration, enacted by Laws 1986, ch. 97, § 13, has been recompiled as 47-11-11.1 NMSA 1978.
NM Stat § 61-29-6 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-6 - Meeting of the commission.

The commission shall meet at least once each quarter-year at such time and place as may be designated by the commission president, and special meetings may be held upon five days' written notice to each of the commission members by the commission president. History: 1953 Comp., § 67-24-23, enacted by Laws 1959, ch. 226, § 5; 2005, ch. 35, § 8. ANNOTATIONSThe 2005 amendment, effective January 1, 2006, made style changes.
NM Stat § 61-29-7 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-7 - Reimbursement and expenses.

Each member of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: 1953 Comp., § 67-24-24, enacted by Laws 1959, ch. 226, § 6; 1963, ch. 43, § 28; 1965, ch. 304, § 3; 2003, ch. 22, § 2; 2003, ch. 408, § 31. ANNOTATIONS2003 amendments. — Identical amendments to this section were enacted by Laws 2003, ch. 22, § 2, effective June 20, 2003, and Laws 2003, ch. 408, § 31, effective July 1, 2003, deleting the former second and third sentences concerning the appointment of an administrator, employment of staff and purchase of supplies. The section is set out as amended by Laws 2003, ch. 408, § 31. See NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 C.J.S. Licenses § 37.
NM Stat § 61-29-10.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-10.1 - Brokerage relationships; creation.

A. For all regulated real estate transactions first executed on or after January 1, 2000, no agency relationship between a buyer, seller, landlord or tenant and a brokerage shall exist unless the buyer, seller, landlord or tenant and the brokerage agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant or licensee, or created orally or by implication. B. A brokerage may provide real estate services to a client pursuant to an express written agreement that does not create an agency relationship and no agency duties will be imposed on the brokerage. C. A brokerage may provide real estate services to a customer without entering into an express written agreement and without creating an agency relationship and no agency duties will be imposed on the brokerage. D. The commission shall promulgate rules governing the rights of clients or customers and the rights, responsibilities and duties of a brokerage in those brokerage relationships that are subject to the jurisdiction of the commission. History: Laws 1999, ch. 127, § 2; 2003, ch. 36, § 2. ANNOTATIONSThe 2003 amendment, effective January 1, 2004, inserted present Subsections B and C and redesignated former Subsection B as present Subsection D; in present Subsection D deleted "and responsibilities" following "governing the rights" near the beginning and substituted "a brokerage in those brokerage relationships that are subject to the jurisdiction of the commission" for "the brokerage in an agency relationship" at the end.
NM Stat § 61-29-10.2 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-10.2 - Licensee's duties; disclosure.

A. Prior to the time a licensee generates or presents any written document that has the potential to become an express written agreement, the licensee shall give to a prospective buyer, seller, landlord or tenant a list of the licensee's duties that are in accordance with requirements established by the commission. B. Licensees shall perform all duties that are established for licensees by the commission. History: Laws 1999, ch. 127, § 3; 2003, ch. 36, § 3; 2005, ch. 35, § 12. ANNOTATIONSThe 2005 amendment, effective January 1, 2006, provides that prior to the time a licensee prepares or presents a document that will be a written agreement, the licensee must provide a list of the licensee's duties. The 2003 amendment, effective January 1, 2004, substituted "Licensee's Duties - Disclosure" for "Brokerage Relationship; Disclosure" in the heading; designated the former first paragraph as Subsection A and added Subsection B; and substituted "at the time when the parties enter into an express written agreement, a list of the licensee's duties that are in accordance with requirements established by the commission" for "at the first substantive contact a brokerage relationship disclosure in accordance with requirements established by the commission" at the end of Subsection A.
NM Stat § 61-29-10.3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-10.3 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 36, § 4 repealed 61-29-10.3, as enacted by Laws 1999, ch. 127, § 4, relating to brokerage nonagency relationships, effective January 1, 2004. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 61-29-13 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-13 - Provision for hearing before suspension or revocation of license.

The commission shall, before suspending or revoking any license, set the matter down for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: 1953 Comp., § 67-24-30, enacted by Laws 1959, ch. 226, § 12; 1979, ch. 94, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 60, 61. 53 C.J.S. Licenses § 50 et seq.
NM Stat § 61-29-14 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 29 - Real Estate Brokers and Salesmen|Section 61-29-14 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 22, § 7 repealed 61-29-14 NMSA 1978, as enacted by Laws 1959, ch. 226, § 13, relating to nonresident brokers, effective June 20, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.