reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-20 - Temporary license.

For the purpose of winding up the affairs and discontinuance or sale of the business of a licensee, in the event of death of the licensed manager or dissolution of a partnership, the director shall, upon proper application, issue a temporary license to the personal representative or, to the nominee of the personal representative of the deceased or to a surviving partner in the case of the dissolution of a partnership. The application shall be in writing, subscribed and sworn to by the person to whom the temporary license is to be issued. The application shall be accompanied by the temporary license fee specified in the Collection Agency Regulatory Act. A temporary license shall be effective for a period of one year and shall not thereafter be renewed or continued.
History:
Laws 1987, ch. 252, § 20.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-21 - Branch office.

Application for a license for a branch office or offices may be made by any licensee. The application shall state the location and address of the branch office and the name and address of the person to be actively in charge. The application shall be accompanied by a rider or endorsement to the licensee's surety bond increasing the penal sum of the bond by five thousand dollars ($5,000) and a license fee in the same amount as required for the principal office.
History:
Laws 1987, ch. 252, § 21.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-22 - Office management; license.

A. Every licensed office of a collection agency, whether a principal or branch office, shall be under the active charge of a licensed manager. Each manager's license shall be issued by the director upon qualification by the applicant and shall be renewed annually upon application accompanied by the manager's renewal license fee, which application is to be filed with the division on or before November 30 of each year. Unless so renewed, each manager's license shall expire on January 1 unless previously revoked or canceled.
B. As used in this section, "under the active charge of a licensed manager" means that a licensed manager shall be physically present at the licensee's office at least seventy-five percent of the time during which the office is open for business.
History:
Laws 1987, ch. 252, § 22; 2019, ch. 144, § 29.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the deadline for renewing an office management license, and changed the expiration month for an office management license that is not renewed by the deadline; in Subsection A, after "on or before", deleted "May 31" and added "November 30", and after "shall expire", deleted "June 30" and added "January 1"; and in Subsection B, after "licensed manager", deleted "must" and added "shall".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-23 - Loss of qualified person.

Whenever a licensed manager ceases to be in charge of an office, the licensee shall notify the director in writing within ten days from such cessation.
If the notice is given, the collection agency license shall remain in force for a reasonable period to be determined by the rules and regulations. If the licensee fails to give the notice as required at the end of the ten-day period the collection agency license shall be ipso facto suspended, but the license shall be reinstated upon the filing of an affidavit by the licensee to the effect that the person formerly in charge of the office has been replaced by a licensed manager.
History:
Laws 1987, ch. 252, § 23.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-18A-24 NMSA 1978 as enacted by Laws 1987, ch. 252, § 24, relating to proceedings in connection with issuance, renewal, suspension, denial or revocation, effective September 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-25 - Unauthorized practice as collection agency.

No person, who is not a duly licensed and qualified collection agency, shall print, publish or otherwise prepare for distribution any system of collection letters, demand forms or other printed matter upon his stationery or upon stationery upon which the said person's name appears in such a manner as to indicate that a demand is being made by such person for the payment of any sums due or asserted to be due, where such forms containing such message are to be sold or furnished to anyone by such other person at any address different from the address of the person issuing such system of collection letters, demand forms or other printed material.
History:
Laws 1987, ch. 252, § 25.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-26 - Assignments; right to sue.

Nothing in the Collection Agency Regulatory Act shall be construed to prevent collection agencies from taking assignments of claims in their own name as real parties in interest for the purpose of billing and collection and bringing suit in their own names; provided that no suit allowed by this section may be instituted on behalf of a collection agency in a court unless the collection agency appears by a duly authorized and licensed attorney-at-law.
History:
Laws 1987, ch. 252, § 26; 2021, ch. 31, § 13.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, removed a provision authorizing a court, in its discretion, to order payment of attorney fees and costs to the prevailing party in certain debt collection lawsuits; and deleted "In such a suit, the court may, in its discretion, authorize payment of reasonable attorney fees and costs to the prevailing party.".
Pro forma assignments.
— This section does not authorize the practice of taking the assignment of debts from an underlying creditor on a contingency fee basis and the filing of a suit by the collection agency's own attorneys in the collection agency's own name.
Kolker v. Duke City Collection Agency
, 750 F. Supp. 468 (D.N.M. 1990).
Practice of law not authorized.
— This section cannot authorize collection agencies to practice law by bringing suits on nominally assigned claims in state court, since the regulation of the practice of law is an exclusive prerogative of the New Mexico Supreme Court.
Martinez v. Albuquerque Collection Servs., Inc.
, 867 F. Supp. 1495 (D.N.M. 1994).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-27 - Renewal of license; fee.

A. A licensee desiring renewal of the licensee's license shall, on or before November 30 of each year, file with the director an application for renewal on forms as may be designated by the director. The application shall be accompanied by the renewal fee.
B. The director shall issue a renewal license that shall be dated January 1 next ensuing and shall bear the date to and including which the license is renewed.
History:
Laws 1987, ch. 252, § 27; 2019, ch. 144, § 30.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the deadline for renewing a license required by the Collection Agency Regulatory Act, and provided that renewed licenses shall be dated "January 1"; added new subsection designations "A" and "B"; in Subsection A, after "on or before", deleted "May 31" and added "November 30"; and in Subsection B, after "dated", deleted "July 1" and added "January 1".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-28 - Remittance of collections to clients.

All collection agencies shall remit to their clients the proceeds of all collections, after deducting their commission, other lawful expenses and any amounts collected pursuant to Section 61-18A-28.1 NMSA 1978, within forty days of such collection unless otherwise provided by regulation.
History:
Laws 1987, ch. 252, § 28; 1992, ch. 36, § 1.
ANNOTATIONS
The 1992 amendment,
effective May 20, 1992, substituted "shall remit" for "must remit", inserted "and any amounts collected pursuant to Section 61-18A-28.1 NMSA 1978", and made a stylistic change.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-28.1 - Additional collection from debtors.

A. Unless the agreement between the debtor and the creditor or the agreement between the collection agency and the creditor otherwise expressly prohibits, a collection agency may collect from the debtor an amount equal to the gross receipts tax and the local option gross receipts taxes, as those terms are defined in the Gross Receipts and Compensating Tax Act [7-9-1 NMSA 1978], imposed on the receipts of the collection agency that result from the collection of a debt from the debtor.
B. For purposes of this section, a collection agency does not mean a person who collects his own debts using a name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
History:
1978 Comp., § 61-18A-28.1, enacted by Laws 1992, ch. 36, § 2.
ANNOTATIONS
Levy of additional tax not authorized.
— This section does not authorize collection agencies to levy an additional gross receipts tax on the commission portion of the referred debt if the creditor has already assessed a gross receipts tax on the entire balance.
Martinez v. Albuquerque Collection Servs.
, Inc., 867 F. Supp. 1495 (D.N.M. 1994).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 213, § 4 repeals former 61-18A-29 NMSA 1978, as enacted by Laws 1987, ch. 252, § 29, concerning the issuance of a solicitor's license, effective June 18, 1993. For provisions of former section, see 1992 Cumulative Supplement.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-30 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the director shall charge and collect the following fees:
A. an original license fee for a collection agency or branch thereof, of five hundred dollars ($500);
B. a renewal fee for a collection agency or branch thereof, of three hundred dollars ($300);
C. a duplicate license fee of fifteen dollars ($15.00);
D. a temporary license fee of thirty-five dollars ($35.00);
E. a delinquency fee of ten dollars ($10.00) per day for each day of delinquency in filing applications for renewals;
F. a manager's license examination fee of one hundred dollars ($100);
G. a manager's license renewal fee of fifty dollars ($50.00);
H. a fee of five dollars ($5.00) for each copy of any issue or edition of the Collection Agency Regulatory Act and rules and regulations;
I. a fee of five dollars ($5.00) for each list of licensees in good standing;
J. a fee of two hundred dollars ($200) per day or fraction thereof for each examiner of the division engaged in an examination or investigation of a licensee, not to exceed five examiner-days per calendar year. If the examination or investigation is an out-of-state examination or investigation, the licensee shall reimburse the division the actual travel costs incurred to perform the examination or investigation; and
K. an original license fee or renewal license fee for a repossessor of two hundred fifty dollars ($250).
History:
Laws 1987, ch. 252, § 30; 1993, ch. 213, § 3; 2020, ch. 6, § 47.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
The 1993 amendment,
effective June 18, 1993, substituted "five hundred dollars ($500)" for "two hundred dollars ($200)" in Subsection A, "three hundred dollars ($300)" for "two hundred dollars ($200)" in Subsection B, "one hundred dollars ($100)" for "fifty dollars ($50.00)" in Subsection F, and "fifty dollars ($50.00)" for "thirty-five dollars ($35.00)" in Subsection G; deleted former Subsections J and K, providing for a solicitor's certificate fee of $7.50, and a fee of $100 for examination of a licensee's books, accounts, files and records; inserted present Subsection J; redesignated former Subsection L as present Subsection K; and substituted "two hundred fifty dollars ($250)" for "one hundred fifty dollars ($150)" in Subsection K.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-31 - Deposit of money.

All money received under the Collection Agency Regulatory Act by the director shall be deposited in the general fund.
History:
Laws 1987, ch. 252, § 31; 2022, ch. 39, § 85.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, required that all money received under the Collection Agency Regulatory Act by the director be deposited in the general fund; in the section heading, deleted "in general fund"; and after "shall be deposited in the", deleted "office of the state treasurer" and added "general fund".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-32 - Judicial review.

A person aggrieved by the decision of the director in the enforcement of the Collection Agency Regulatory Act [61-18A-1 NMSA 1978] may obtain judicial review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1987, ch. 252, § 32; 1998, ch. 55, § 76; 1999, ch. 265, § 77.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-33 - Grandfather clause.

Any person properly licensed pursuant to the Collection Agency Act [61-18A-1 NMSA 1978] on the effective date of the enactment of the Collection Agency Regulatory Act is eligible to be granted a license under the provisions of the Collection Agency Regulatory Act.
History:
Laws 1987, ch. 252, § 33.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of the enactment of the Collection Agency Regulatory Act" means July 1, 1987, the effective date of Laws 1987, ch. 252.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 19 - Cosmetology (Repealed.) › Section 61-19-1 to 61-19-47 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 382, § 35 repealed former 61-19-1 to 61-19-47 NMSA 1978, relating to the regulation of cosmetology, effective April 6, 1979. For present comparable provisions,
see
Chapter 61, Article 17A NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 19A - Cosmetology (Repealed.) › Section 61-19A-1 to 61-19A-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 171, § 28 repealed former 61-19A-1 to 61-19A-25 NMSA 1978, as enacted by Laws 1979, ch. 382, §§ 1 to 25 and amended by Laws 1982, ch. 106, §§ 1 to 4, Laws 1984, ch. 44, § 1, and Laws 1989, ch. 110, §§ 1 to 4, regulating cosmetology, effective June 18, 1993. For present comparable provisions,
see
Chapter 61, Article 17A NMSA 1978.
Laws 1989, ch. 110, § 7 repeals former 61-19A-26 NMSA 1978, as enacted by Laws 1979, ch. 382, § 26, relating to reissue of authority after revocation, effective June 26, 1989.
Laws 1993, ch. 171, § 28 repealed former 61-19A-27 to 61-19A-34 NMSA 1978, as enacted by Laws 1979, ch. 382, §§ 27 to 34, and amended by Laws 1989, ch. 110, §§ 5 and 6, concerning exemptions; prohibited acts; sanitary rules; investigations; entry and inspection; remedies; confidentiality; and repeal of the article, effective June 18, 1993. For present comparable provisions,
see
Chapter 61, Article 17A NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 20 - Dry Cleaning Industry (Repealed.) › Section 61-20-1 to 61-20-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 241, § 35, repealed former 61-20-1 to 61-20-14 NMSA 1978, relating to the regulation of the dry cleaning industry, effective April 8, 1981.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 21 - Embalmers and Funeral Directors (Repealed.) › Section 61-21-1 to 61-21-37 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 185, § 26, repealed former 67-20-1 to 67-20-33, 1953 Comp. (61-21-1 to 61-21-37 NMSA 1978), relating to embalmers and funeral directors, effective July 1, 1978. For provisions of the Thanatopractice Act,
see
61-32-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 22 - Employment Agencies (Repealed.) › Section 61-22-1 to 61-22-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 241, § 35, repealed former 61-22-1 to 61-22-16 NMSA 1978, relating to the regulation of employment agencies, effective April 8, 1981.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 23 NMSA 1978 may be cited as the "Engineering and Surveying Practice Act".
History:
Laws 1987, ch. 336, § 1; 1993, ch. 218, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336, repealed former 61-23-1 NMSA 1978, as amended by Laws 1947, ch. 110, § 2, relating to replacement of reference marks which have been removed or obliterated, effective June 19, 1987, and enacted a new section.
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 61, Article 23 NMSA 1978" for "Sections 1 through 32 of this act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 69 to 75.
53 C.J.S. Licenses §§ 5, 7, 34 to 40, 50 to 63.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-1.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 336, § 34 repealed former 61-23-1.1 NMSA 1978, as enacted by Laws 1979, ch. 156, § 1, relating to standards and procedures for restoration or reestablishment of monuments, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-4 - Criminal offender's character evaluation. (Repealed effective July 1, 2030.)

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 the Engineering and Surveying Practice Act.
History:
Laws 1987, ch. 336, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-4 NMSA 1978, as amended by Laws 1979, ch. 363, § 1, relating to short title, effective June 19, 1987, and enacted a new section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-5 - State board of licensure for professional engineers and professional surveyors; members; terms. (Repealed effective July 1, 2030.)

A. There is created the "state board of licensure for professional engineers and professional surveyors" that shall consist of five licensed professional engineers, at least one of whom shall be in engineering education, three licensed professional surveyors and two public members.
B. The members of the board shall be appointed by the governor for staggered terms of five years. The appointees shall have the qualifications required by Section 61-23-6 NMSA 1978. The appointments shall be made in such a manner that the terms of not more than two members expire in each year. Each member of the board shall receive a certificate of appointment from the governor. Before the beginning of the term of office, the appointee shall file with the secretary of state a written oath or affirmation for the faithful discharge of official duty. A member of the board may be reappointed but may not serve more than two consecutive full terms. A member shall not be reappointed to the board for at least two years after serving two consecutive full terms. The board may designate any former board member to assist it in an advisory capacity.
C. Each member may hold office until the expiration of the term for which appointed or until a successor has been duly qualified and appointed. In the event of a vacancy for any cause that results in an unexpired term, if not filled within three months by official action, the board may appoint a provisional member to serve until the governor acts. Vacancies on the board shall be filled by appointment by the governor for the balance of the unexpired term.
History:
Laws 1987, ch. 336, § 5; 1993, ch. 218, § 4; 1999, ch. 259, § 3; 2005, ch. 69, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-5 NMSA 1978, as amended by Laws 1979, ch. 363, § 2, relating to declaration of policy, effective June 19, 1987, and enacted a new section.
The 2005 amendment,
effective June 17, 2005, changes "surveyors" to "professional surveyors".
The 1999 amendment,
effective June 18, 1999, in Subsection A, substituted "licensure" for "registration" and twice substituted "licensed" for "registered".
The 1993 amendment,
effective July 1, 1993, in Subsection A, deleted "or surveying" following "engineering" and substituted "two public members" for "one public member"; in Subsection B, substituted "Section 61-23-6 NMSA 1978" for "Section 6 of the Engineering and Surveying Practice Act" in the second sentence, divided the former fourth sentence into the present fourth and fifth sentences by deleting "and", inserted "the appointee" in the fifth sentence, inserted "full" near the end of the sixth sentence, and added the final two sentences; and made minor stylistic changes in Subsections A and C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-6 - Board members; qualifications. (Repealed effective July 1, 2030.)

A. Each engineer member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of engineering as a professional engineer for at least ten years, including responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico, or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years, and shall be a professional engineer licensed in New Mexico.
B. Each surveyor member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of surveying as a professional surveyor for at least ten years, including responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.
C. Each public member shall be a citizen of the United States, a resident of New Mexico, shall not have been licensed nor be qualified for licensure as an engineer, surveyor, architect or landscape architect and shall not have any significant financial interest, direct or indirect, in the professions regulated.
History:
Laws 1987, ch. 336, § 6; 1993, ch. 218, § 5; 1999, ch. 259, § 4; 2005, ch. 69, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-6 NMSA 1978, as amended by Laws 1979, ch. 363, § 3, relating to definitions, effective June 19, 1987, and enacted a new section.
The 2005 amendment,
effective June 17, 2005, requires that engineer members of the board have had responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico and that surveyor members have had responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.
The 1999 amendment,
effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section, and deleted "and at least thirty-five years of age" following "resident of New Mexico" in Subsection C.
The 1993 amendment,
effective July 1, 1993, substituted "engineer" for "engineering" in the first sentence and inserted "or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years" in the second sentence of Subsection A; inserted "architect or landscape architect" and substituted "professions" for "occupation" in Subsection C; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-7 - Reimbursement of board members. (Repealed effective July 1, 2030.)

Each member of the board 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:
Law 1987, ch. 336, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-7 NMSA 1978, as enacted by Laws 1974, ch. 78, § 27, relating to criminal offender's character evaluation, effective June 19, 1987, and enacted a new section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-8 - Removal of members of board. (Repealed effective July 1, 2030.)

The governor may remove, after notice and hearing, any member of the board for misconduct, incompetency, neglect of duty, malfeasance in office or for any reason prescribed by law for removal of state officials.
History:
Laws 1987, ch. 336, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-8 NMSA 1978, as amended by Laws 1979, ch. 363, § 4, relating to state board of registration for professional engineers and land surveyors, effective June 19, 1987, and enacted a new section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-11 - Receipts and disbursement; fund created. (Repealed effective July 1, 2030.)

A. The "professional engineers' and surveyors' fund" is created in the state treasury. The executive director of the board shall receive and account for all money received under the provisions of the Engineering and Surveying Practice Act and shall pay that money to the state treasurer for deposit in the fund. Money in this fund shall be paid out only by warrant of the secretary of finance and administration upon the state treasurer, upon itemized vouchers approved by the chair and attested by the executive director of the board. All money in the fund is appropriated for the use of the board. Earnings from investment of the fund shall accrue to the credit of the fund.
B. The executive director of the board shall give a surety bond to the state in such sum as the board may determine. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund.
C. The board may make expenditures of the fund for any purpose that in the opinion of the board is reasonably necessary for the proper performance of its duties pursuant to the Engineering and Surveying Practice Act, including the expenses of the board's delegates to the conventions of, and for membership dues to, the national council of examiners for engineering and surveying and any of its subdivisions or any other body of similar purpose.
History:
Laws 1987, ch. 336, § 11; 1993, ch. 218, § 8; 1999, ch. 259, § 7; 2017, ch. 42, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-11 NMSA 1978, as enacted by Laws 1957, ch. 211, § 7, relating to removal of board members, effective June 19, 1987, and enacted a new section.
The 2017 amendment,
effective July 1, 2017, in Subsection A, after "approved by the", changed "chairman" to "chair".
The 1999 amendment,
effective June 18, 1999, added "fund created" to the section heading; substituted references to "fund" for references to "professional engineers' and surveyors' fund" throughout the section; and in Subsection A, added the first and last sentences, and substituted "the fund" for "a separate fund" in the second sentence.
The 1993 amendment,
effective July 1, 1993, substituted "executive director" for "secretary" in the first and second sentences of Subsection A and in the first sentence of Subsection B; and substituted "examiners for engineering and surveying" for "engineering examiners" near the end of Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-12 - Records and reports. (Repealed effective July 1, 2030.)

A. The board shall keep a record of its proceedings and a register of all applications for licensure, indicating the name, age and residence of each applicant, the applicant's educational and other qualifications, whether an examination was required, whether the applicant was rejected, whether a certificate of licensure was granted, the date of the action of the board and such other information as may be deemed necessary by the board. The record and register shall be open to public inspection.
B. The following board records and papers are of a confidential nature and are not public records:
(1) examination material for examinations not yet given;
(2) file records of examination problem solutions;
(3) letters of inquiry and reference concerning applicants;
(4) board inquiry forms concerning applicants;
(5) investigation files where any investigation is ongoing or is still pending; and
(6) all other materials of like confidential nature.
C. The records of the board shall be prima facie evidence of the proceedings of the board set forth in those records, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same effect as if the original were produced.
D. Annually, on or before August 30, the board shall submit to the governor a report of its transactions of the preceding year, accompanied by a complete statement of the receipts and expenditures of the board attested by affidavits of the board's chair, secretary and executive director.
History:
Laws 1987, ch. 336, § 12; 1993, ch. 218, § 9; 1999, ch. 259, § 8; 2017, ch. 42, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-12 NMSA 1978, as amended by Laws 1979, ch. 363, § 6, relating to organization and meetings of the board, effective June 19, 1987, and enacted a new section.
The 2017 amendment,
effective July 1, 2017, in Subsection D, after "affidavits of the board's", changed "chairman" to "chair".
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" twice in Subsection A, and substituted "same effect" for "same force and effect" in Subsection C.
The 1993 amendment,
effective July 1, 1993, deleted "the date of the application, the place of business of such applicant" following "residence of each applicant" in the first sentence of Subsection A; inserted "ongoing or is" in Subsection B(5); added "and executive director" at the end of Subsection D; and made minor stylistic changes in Subsections A and D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-13 - Roster of licensed professional engineers and professional surveyors. (Repealed effective July 1, 2030.)

A roster showing the names and addresses of all licensed professional engineers and licensed professional surveyors shall be maintained by the board and shall be placed on file with the state commission of public records and made available to the public.
History:
Laws 1987, ch. 336, § 13; 1993, ch. 218, § 10; 1999, ch. 259, § 9; 2012, ch. 46, § 2; 2017, ch. 42, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-13 NMSA 1978, as amended by Laws 1979, ch. 363, § 7, effective June 19, 1987, and enacted a new section.
The 2017 amendment,
effective July 1, 2017, removed the provision requiring the board to maintain and place a list of all licensed professional engineers and licensed professional surveyors with the secretary of state's office; in the catchline, after "engineers and", added "professional"; and after "licensed professional engineers and", added "licensed", and after "placed on file with", deleted "the secretary of state and".
The 2012 amendment,
effective July 1, 2012, required the board to provide a roster of engineers and surveyors to the public; deleted former language which required the board to prepare a roster in even-numbered years and a supplement to the roster in odd numbered years; to make the roster and supplement available to licensees, and permitted the board to distribute or sell the roster to the public; and after "professional surveyors shall be", added "maintained by the board and shall be placed on file with the secretary of state and the state commission of public records and made available to the public".
The 1999 amendment,
effective June 18, 1999, substituted "licensed" for "registered" in the section heading and first sentence, and substituted "made available to each licensee" for "mailed to each registrant" in the last sentence.
The 1993 amendment,
effective July 1, 1993, substituted "executive director" for "secretary" in the first and second sentences; and, in the third sentence, substituted "registrant no later than November 30 of each year" for "person so registered" and inserted "and the state commission of public records".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-13.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 336, § 34 repeals former 61-23-13.1 NMSA 1978, as enacted by Laws 1981, ch. 336, § 1, relating to surveying rules and regulations, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 218, § 41 repealed former 61-23-15 and 61-23-16 NMSA 1978, as enacted by Laws 1987, ch. 336, §§ 15 and 16, concerning registration as a professional surveyor and certification as a surveying intern, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-17 - Application and examination fees. (Repealed effective July 1, 2030.)

A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references.
B. All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act. No fees shall be refundable.
C. Any application may be denied for fraud, deceit, conviction of a felony or any crime that may impede the ability of the applicant to perform professionally as determined by board rules.
History:
1987, ch. 336, § 17; 2005, ch. 69, § 8; 2012, ch. 46, § 4; 2020, ch. 6, § 48; 2023, ch. 79, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-17 NMSA 1978, as enacted Laws 1979, ch. 363, § 11, relating to general requirements for registration or certification as an engineer, effective June 19, 1987, and enacted a new section.
The 2023 amendment,
effective June 16, 2023, revised the conditions for which an application for licensure under the Engineering and Surveying Practice Act may be denied; and in Subsection C, after "or any crime", deleted "involving moral turpitude" and added "that may impede the ability of the applicant to perform professionally as determined by board rules".
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2012 amendment,
effective July 1, 2012, eliminated the concept of registration as a professional engineer and in Subsection A, in the first sentence, after "examination", deleted "registration" and added "licensure".
The 2005 amendment,
effective June 17, 2005, changes "his" to "the applicant's" in Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-17.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 336 repealed former 61-23-17.1 NMSA 1978, as enacted by Laws 1979, ch. 363, § 12, concerning general requirements for registration or certification of professional land surveyors, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-18 - Engineering; examinations. (Repealed effective July 1, 2030.)

The examinations for engineering certification and licensure shall be held at least once a year at a time and place the board directs. The engineering committee shall determine the passing grade on examinations.
History:
Laws 1987, ch. 336, § 18; 1993, ch. 218, § 13; 1999, ch. 259, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-18 NMSA 1978, as amended by Laws 1979, ch. 363, § 13, relating to application and examination fees, effective June 19, 1987, and enacted a new section.
The 1999 amendment,
effective June 18, 1999, substituted "certification and licensure" for "certification and registration" in the first sentence.
The 1993 amendment,
effective July 1, 1993, rewrote the section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-19 - Engineering; licenses; seals; incidental architectural work; supplemental surveying work. (Repealed effective July 1, 2030.)

A. The board shall issue licenses pursuant to the provisions of the Engineering and Surveying Practice Act. The board shall provide for the proper authentication of all documents.
B. The board shall regulate the use of seals and may approve alternative authentications to physical or electronic seals.
C. An engineer shall have the right to engage in activities properly classified as architecture insofar as it is incidental to the engineer's work as an engineer; provided that the engineer shall not make any representation as being an architect or as performing architectural services unless duly registered as such.
D. The board shall recognize that there may be occasions when professional engineers need to obtain supplemental survey information for the planning and design of an engineering project. A professional engineer who has primary engineering responsibility and control of an engineering project may perform supplemental surveying work in obtaining data incidental to that project. Supplemental surveying work may be performed by a professional engineer only on a project for which the engineer is providing engineering design services.
History:
Laws 1987, ch. 336, § 19; 1993, ch. 218, § 14; 1999, ch. 259, § 13; 2012, ch. 46, § 5; 2017, ch. 42, § 7; 2019, ch. 220, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-19 NMSA 1978, as amended by Laws 1979, ch. 363, § 14, relating to examinations, effective June 19, 1987, and enacted a new section.
The 2019 amendment,
effective June 14, 2019, authorized the board of licensure for professional engineers and professional surveyors to approve alternative authentications to physical or electronic seals; and in Subsection B, after "use of seals", added "and may approve alternative authentications to physical or electronic seals".
The 2017 amendment,
effective July 1, 2017, provided rules for supplemental surveying work for the planning and design of an engineering project; in the catchline, changed "license" to "licenses", and added "incidental architectural work; supplemental surveying work"; and added Subsection D.
The 2012 amendment,
effective July 1, 2012, eliminated the issuance of certificates of licensure; in the title after "Engineering", deleted "certificate" and added "license"; in Subsection A, in the first sentence, after "board shall issue", deleted "certificates of licensure" and added "licenses"; and in Subsection C, after "engineer shall not", deleted "hold himself out to be" and added "make any representation as being".
The 1999 amendment,
effective June 18, 1999, substituted "certificates of licensure pursuant to" for "certificates of registration under" in Subsection A.
The 1993 amendment,
effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 218, § 41 repealed former 61-23-23 NMSA 1978, as enacted by Laws 1987, ch. 336, § 23, concerning registration by endorsement, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-23.1 - Authority to investigate; civil penalties for unlicensed persons; engineering. (Repealed effective July 1, 2030.)

A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a professional engineer within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional engineer or to solicit or propose to perform work involving the practice of engineering.
B. If after the hearing the board determines that based on the evidence the person committed a violation pursuant to the Engineering and Surveying Practice Act, it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to seven thousand five hundred dollars ($7,500) per violation.
C. In determining the amount of the civil penalty it imposes, the board shall consider:
(1) the seriousness of the violation;
(2) the economic benefit to the violator that was generated by the violator's commission of the violation;
(3) the violator's history of violations; and
(4) any other considerations the board deems appropriate.
D. A person aggrieved by the board's decision may appeal a decision made or an order issued pursuant to Subsection B of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.
E. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Engineering and Surveying Practice Act is a misdemeanor, and upon conviction the person shall be sentenced pursuant to Section 31-19-1 NMSA 1978. Conviction shall be grounds for further action against the person by the board and for judicial sanctions or relief, including a petition for injunction.
History:
Laws 2003, ch. 233, § 4; 2012, ch. 46, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Compiler's notes.
— This section was originally enacted by the legislature as 61-23-23 NMSA 1978, but it was redesignated by the compiler because of the existence of a former 61-23-23 NMSA 1978 that was repealed in 1993.
The 2012 amendment,
effective July 1, 2012, provided that a valid license is required to act as an engineer or to seek work involving the practice of engineering; increased the penalty; in Subsection A, added the last sentence; and in Subsection B, after "penalty up to", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-24.1 - Engineering; professional development. (Repealed effective July 1, 2030.)

The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board.
History:
1978 Comp., § 61-23-24.1, enacted by Laws 1993, ch. 218, § 19.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 218, § 41 repealed former 61-23-25 NMSA 1978, as enacted by Laws 1987, ch. 336, § 25, concerning injunctions, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.