reglab/housing_qa huggingface dataset:
NM Stat § 61-1-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-5 - Method of service.

Any notice required to be served by Section 61-1-4 or 61-1-21 NMSA 1978 and any decision required to be served by Section 61-1-14 or 61-1-21 NMSA 1978, may be served either personally or by certified mail, return receipt requested, directed to the licensee or applicant at his last know [known] address as shown by the records of the board. If the notice or decision is served personally, service shall be made in the same manner as is provided for service by the Rules of Civil Procedure for the District Courts. Where the notice or decision is served by certified mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery or the last attempted delivery of the notice or decision to the addressee or refusal of the addressee to accept delivery of the notice or decision. History: 1953 Comp., § 67-26-5, enacted by Laws 1957, ch. 247, § 5; 1981, ch. 349, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service of process, see Rule 1-004 NMRA. Requirement of actual notice to licensee. — The Uniform Licensing Act requires actual notice to be given to an individual who may lose a license, pursuant to the hearing requirements contained in the law. In that case, a public policy-making body which convenes a hearing on a licensing matter and which is subject to the provisions of the act must follow the act's specific notice tenets. In these cases, mere posting of such notice is insufficient as it affects the individual licensee. 1990 Op. Att'y Gen. No. 90-29. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 60, 61. 53 C.J.S. Licenses §§ 37, 54.
NM Stat § 61-1-6 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-6 - Venue of hearing.

Board hearings held under the Uniform Licensing Act shall be conducted in the county in which the person whose license is involved maintains his residence, or at the election of the board, in any county in which the act or acts complained of occurred; except that, in cases involving initial licensing, hearings shall be held in the county where the board maintains its office. In any case, however, the person whose license is involved and the board may agree that the hearing is to be held in some other county. History: 1953 Comp., § 67-26-6, enacted by Laws 1957, ch. 247, § 6.
NM Stat § 61-1-8 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-8 - Rights of person entitled to hearing.

A. A person entitled to be heard under the Uniform Licensing Act shall have the right to be represented by counsel or by a licensed member of his own profession or occupation, or both; to present all relevant evidence by means of witnesses and books, papers, documents and other evidence; to examine all opposing witnesses who appear on any matter relevant to the issues; and to have subpoenas and subpoenas duces tecum issued as of right prior to the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents and other evidence upon making written request therefor to the board or hearing officer. The issuance of such subpoenas after the commencement of the hearing rests in the discretion of the board or the hearing officer. All notices issued pursuant to Section 61-1-4 NMSA 1978 shall contain a statement of these rights. B. Upon written request to another party, any party is entitled to: (1) obtain the names and addresses of witnesses who will or may be called by the other party to testify at the hearing; and (2) inspect and copy any documents or items which the other party will or may introduce in evidence at the hearing. The party to whom such a request is made shall comply with it within ten days after the mailing or delivery of the request. No such request shall be made less than fifteen days before the hearing. C. Any party may take depositions after service of notice in accordance with the Rules of Civil Procedure for the District Courts. Depositions may be used as in proceedings governed by those rules. History: 1953 Comp., § 67-26-8, enacted by Laws 1957, ch. 247, § 8; 1981, ch. 349, § 7. ANNOTATIONSSection provides right to examine all opposing witnesses. McCaughtry v. N.M. Real Estate Comm'n, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292. Law reviews. — For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 60, 61. 53 C.J.S. Licenses §§ 43, 54, 58, 59.
NM Stat § 61-1-9 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-9 - Powers of board or hearing officer in connection with hearings.

A. In connection with any hearing held under the Uniform Licensing Act, the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for purposes of discovery and of the hearing, witnesses and relevant books, papers, documents and other evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine witnesses; and to direct a continuance of any case. Boards or hearing officers may also hold conferences before or during the hearing for the settlement or simplification of the issues but such settlement or simplification shall only be with the consent of the applicant or licensee. B. Geographical limits upon the subpoena power shall be the same as if the board or hearing officer were a district court sitting at the location at which the hearing or discovery proceeding is to take place. The method of service, including tendering of witness and mileage fees, shall be the same as that under the Rules of Civil Procedure for the District Courts, except that those rules requiring the tender of fees in advance shall not apply to the state. C. The board or hearing officer may impose any appropriate evidentiary sanction against a party who fails to provide discovery or to comply with a subpoena. History: 1953 Comp., § 67-26-9, enacted by Laws 1957, ch. 247, § 9; 1981, ch. 349, § 8. ANNOTATIONSAdministrative body has only the authority given it by law. In re Willoughby, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498. Granting continuance to allow discovery. — This section allows the board to grant a prehearing continuance to assure that the licensee obtains full and complete discovery. Molina v. McQuinn, 1988-NMSC-060, 107 N.M. 384, 758 P.2d 798. Law reviews. — For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51. 53 C.J.S. Licenses §§ 43, 58, 59.
NM Stat § 61-1-10 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-10 - Enforcement of board orders and contempt procedure.

In proceedings before a board or hearing officer under the Uniform Licensing Act, if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of a board contained in its decision rendered after hearing, the secretary of the board may apply to the district court of the county where the proceedings are being held for an order directing that person to take the requisite action. The court may issue such order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him as for contempt. History: 1953 Comp., § 67-26-10, enacted by Laws 1957, ch. 247, § 10; 1981, ch. 349, § 9.
NM Stat § 61-1-12 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-12 - Record.

In all hearings conducted under the Uniform Licensing Act, a complete record shall be made of all evidence received during the course of the hearing. The record shall be preserved by any stenographic method in use in the district courts of this state, or in the discretion of the board, by tape recording. The board shall observe any standards pertaining to tape recordings established for the district courts of this state. History: 1953 Comp., § 67-26-12, enacted by Laws 1957, ch. 247, § 12; 1981, ch. 349, § 11. ANNOTATIONSSection provides for complete transcript. McCaughtry v. N.M. Real Estate Comm'n, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292.
NM Stat § 61-1-14 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-14 - Service of decision.

Within fifteen days after the decision is rendered and signed, the board shall serve upon the applicant or licensee a copy of the written decision. History: 1953 Comp., § 67-26-14, enacted by Laws 1957, ch. 247, § 14; 1981, ch. 349, § 13.
NM Stat § 61-1-15 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-15 - Procedure where person fails to request or appear for hearing.

If a person who has requested a hearing does not appear, and no continuance has been granted, the board or hearing officer may hear the evidence of such witnesses as may have appeared, and the board may proceed to consider the matter and dispose of it on the basis of the evidence before it in the manner required by Section 61-1-13 NMSA 1978. Where because of accident, sickness or other cause a person fails to request a hearing or fails to appear for a hearing which he has requested, the person may within a reasonable time apply to the board to reopen the proceeding, and the board upon finding such cause sufficient shall immediately fix a time and place for hearing and give the person notice as required by Sections 61-1-4 and 61-1-5 NMSA 1978. At the time and place fixed, a hearing shall be held in the same manner as would have been employed if the person had appeared in response to the original notice of hearing. History: 1953 Comp., § 67-26-15, enacted by Laws 1957, ch. 247, § 15; 1981, ch. 349, § 14. 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 §§ 43, 61.
NM Stat § 61-1-16 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-16 - Contents of decision.

The decision of the board shall contain findings of fact made by the board; conclusions of law reached by the board; the order of the board based upon these findings of fact and conclusions of law; and a statement informing the applicant or licensee of his right to judicial review and the time within which such review must be sought. History: 1953 Comp., § 67-26-16, enacted by Laws 1957, ch. 247, § 16; 1981, ch. 349, § 15.
NM Stat § 61-1-17 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-17 - Petition for review.

A person entitled to a hearing provided for in the Uniform Licensing Act, who is aggrieved by an adverse decision of a board issued after hearing, may obtain a review of the decision in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 67-26-17, enacted by Laws 1957, ch. 247, § 17; 1993, ch. 295, § 7; 1998, ch. 55, § 73; 1999, ch. 265, § 76. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable. The 1993 amendment, effective June 18, 1993, inserted "office of the attorney general and on the" in the second sentence and made stylistic changes in the second and fourth sentences. Section applies only to licensing decisions. — This section sets forth venue provisions governing the judicial review only of orders of the board which relate to the denial, suspension or revocation of licenses. It is inapplicable to judicial review of price agreement order of state board of barber examiners. Tudesque v. N.M. State Bd. of Barber Exam'rs, 1958-NMSC-128, 65 N.M. 42, 331 P.2d 1104. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51. Stay pending review of judgment or order revoking or suspending a professional, trade or occupational license, 166 A.L.R. 575. 53 C.J.S. Licenses §§ 43, 62.
NM Stat § 61-1-18 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 61-1-18 NMSA 1978, as enacted by Laws 1957, ch. 247, § 18, relating to records filed by the board and contents of the records, effective September 1, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 61-1-19 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-19 - Stay.

At any time before or during the review proceeding pursuant to Section 61-1-17 NMSA 1978, the aggrieved person may apply to the board or file a motion in accordance with the Rules of Civil Procedure for the District Courts in the reviewing court for an order staying the operation of the board decision pending the outcome of the review. The board or court may grant or deny the stay in its discretion. No order granting or denying a stay shall be reviewable. History: 1953 Comp., § 67-26-19, enacted by Laws 1957, ch. 247, § 19; 1976, ch. 4, § 1; 1981, ch. 349, § 16; 1998, ch. 55, § 74. ANNOTATIONSCross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978. For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1998 amendment, effective September 1, 1998, inserted "pursuant to Section 61-1-17 NMSA 1978" and deleted "such" following "No". Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 84. Validity and construction of state statutory provision forbidding court to stay, pending review, judgment or order revoking or suspending professional, trade or occupational license, 42 A.L.R.4th 516.
NM Stat § 61-1-20 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-20 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 61-1-20 NMSA 1978, as enacted by Laws 1957, ch. 247, § 20, relating to scope of review, effective September 1, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 61-1-21 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-21 - Power of board to reopen the case.

A. At any time after the hearing and prior to the filing of a petition for review, the person aggrieved may request the board to reopen the case to receive additional evidence or for other cause. B. The board need not reconvene and may be polled about whether to grant or refuse a request to reopen the case. The board shall grant or refuse the request in writing, and that decision and the request shall be made a part of the record. The decision to grant or refuse a request to reopen the case shall be made, signed by the person designated by the board, and served upon the applicant or licensee within fifteen days after the board receives the request. C. The granting or refusing of a request to reopen the case shall be within the board's discretion. The board may reopen the case on its own motion at any time before petition for review is filed; thereafter, it may do so only with the permission of the reviewing court. If the board reopens the case, it shall provide notice and a hearing to the applicant or licensee. The notice of the hearing shall be served upon the applicant or licensee within fifteen days after service of the decision to reopen the case. The hearing shall be held within forty-five days after service of the notice, and a decision shall be rendered, signed and served upon the applicant or licensee within thirty days after the hearing. D. The board's decision to refuse a request to reopen the case shall not be reviewable except for an abuse of discretion. History: 1953 Comp., § 67-26-21, enacted by Laws 1957, ch. 247, § 21; 1981, ch. 349, § 17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51. 53 C.J.S. Licenses §§ 43, 61.
NM Stat § 61-1-23 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-23 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 61-1-22 and 61-1-23 NMSA 1978, as enacted by Laws 1957, ch. 247, §§ 22 and 23, relating to remand for hearing newly discovered evidence; procedure before the board; appeal to supreme court, effective September 1, 1998. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 61-1-24 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-24 - Power of board to seek injunctive relief.

Any board may appear in its own name in the courts of the state and may apply to courts having jurisdiction for injunctions to prevent violations of statutes administered by the board and of rules and regulations issued pursuant to those statutes, and such courts shall have power to grant such injunctions regardless of whether criminal prosecution has been or may be instituted as a result of such violations. History: 1953 Comp., § 67-26-24, enacted by Laws 1957, ch. 247, § 24. ANNOTATIONSLaw reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 85, 149. 53 C.J.S. Licenses § 85.
NM Stat § 61-1-25 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-25 - Declaratory judgment.

The validity of any rule adopted by a board may be determined upon petition for a declaratory judgment thereon addressed to the district court of Santa Fe county when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The court shall declare the rule invalid if it finds that the rule violates or conflicts with constitutional or statutory provisions or exceeds the statutory authority of the board. History: 1953 Comp., § 67-26-25, enacted by Laws 1957, ch. 247, § 25. ANNOTATIONSCross references. — For declaratory judgments, see 44-6-1 NMSA 1978 et seq. Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965). Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 73, 76. 53 C.J.S. Licenses § 37.
NM Stat § 61-1-26 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-26 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 61-1-26 NMSA 1978, as enacted by Laws 1957, ch. 247, § 26, providing a uniform method of judicial review of board actions of the kind, effective September 1, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 61-1-27 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-27 - Amending and repealing.

The provisions of the Uniform Licensing Act may be amended, repealed or superseded by another act of the legislature only by direct reference to the section or sections of this act being amended, repealed or superseded. History: 1953 Comp., § 67-26-27, enacted by Laws 1957, ch. 247, § 27; 1981, ch. 349, § 18.
NM Stat § 61-1-28 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-28 - Purpose of act; liberal interpretation.

The legislature expressly declares that its purpose in enacting the Uniform Licensing Act is to promote uniformity with respect to the conduct of board hearings and judicial review and that the Uniform Licensing Act is to be liberally construed to carry out its purpose. History: 1953 Comp., § 67-26-28, enacted by Laws 1957, ch. 247, § 28. ANNOTATIONSSeverability. — Laws 1957, ch. 247, § 29 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 61-1-31 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 1 - Uniform Licensing|Section 61-1-31 - Validity of regulation; judicial review.

A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of appeals for relief. All appeals shall be upon the record made at the hearing by the board and shall be taken to the court of appeals within thirty days after filing of the regulation under the State Rules Act [Chapter 14, Article 4 NMSA 1978]. B. An appeal to the court of appeals under this section is perfected by the timely filing of a notice of appeal with the court of appeals, with a copy attached of the regulation from which the appeal is taken. The appellant shall certify in his notice of appeal that arrangements have been made with the board for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support his appeal to the court, at the expense of the appellant, including three copies which he shall furnish to the board. C. Upon appeal, the court of appeals shall set aside the regulation only if found to be: (1) arbitrary, capricious or an abuse of discretion; (2) contrary to law; or (3) against the clear weight of substantial evidence of the record. History: 1953 Comp., § 67-26-31, enacted by Laws 1971, ch. 54, § 5; 1981, ch. 349, § 21. ANNOTATIONSInterpretations overturned only if clearly wrong. — Reviewing courts overturn the administrative interpretation of a statute by appropriate agencies only if they are clearly incorrect. Since detailmen handle controlled drugs and are part of the interstate drug shipment operation, even though they do not ship drugs themselves, the interpretation by the board of pharmacy of 54-6-41, 1953 Comp. (now Section 26-1-16 NMSA 1978) to allow licensing of detailmen is not clearly erroneous and will not be overturned by a reviewing court. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51. Right to attack validity of statute, ordinance or regulation relating to occupational or professional license as affected by applying for, or securing, license, 65 A.L.R.2d 660. 53 C.J.S. Licenses § 37.