reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-2 - [Puffing; illegal fees; penalty; civil liability.]

Any person whether as auctioneer or as a puffer of any auctioneer who shall violate the provisions of this chapter, shall be deemed guilty of a misdemeanor, and on conviction before any justice of the peace [magistrate] of the precinct where the offense shall have been committed, shall be fined in a sum not less than twenty-five [$25.00] nor more than fifty dollars [$50.00] and costs of prosecution, or by imprisonment in the county jail for no less than thirty days, and besides such person shall be bound to the person bidding at any such public auction and injured by the unlawful bidding of the auctioneer or his puffers in double the amount of the price of the articles such person bade on, to be recovered by civil action.
History:
Laws 1889, ch. 95, § 2; C.L. 1897, § 1291; Code 1915, § 378; C.S. 1929, § 10-102; 1941 Comp., § 51-1502; 1953 Comp., § 67-13-2.
ANNOTATIONS
Cross references.
— For the establishment and organization of magistrate courts, see 35-1-1 NMSA 1978 et seq.
Meaning of "this chapter".
— The term "this chapter" apparently refers to Laws 1889, ch. 95, §§ 1 and 2, which are compiled as 61-16-1 and 61-16-2 NMSA 1978.
Abolishment of office of justice of the peace.
— The office of justice of the peace has been abolished by 35-1-38 NMSA 1978, and the jurisdiction, powers and duties conferred by law upon justices of the peace transferred to the magistrate courts. See N.M. Const., art. VI, § 31.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 29, 30, 77, 81, 82, 86.
7A C.J.S. Auctions and Auctioneers §§ 23, 25, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-3 - Purpose.

The purpose of the present act [61-16-3 to 61-16-17 NMSA 1978] is to regulate auction sales of jewelry in order to prevent fraud, deception and misrepresentation upon the buying public at such sales. It is to be construed liberally to effectuate this purpose.
History:
Laws 1941, ch. 45, § 1; 1941 Comp., § 51-1503; 1953 Comp., § 67-13-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 8, 46.
Jewelry auctions, regulation and licensing of, 53 A.L.R.2d 1433.
7A C.J.S. Auctions and Auctioneers §§ 3, 8, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-4 - Scope; auction sales exceptions.

A. Chapter 61, Article 16 NMSA 1978 shall apply to all sales by auction, other than those specifically excepted in this section, of gold, silver, plated ware, precious or semiprecious stones, watches, clocks and goods, wares and merchandise commonly classified as jewelry of any kind and nature. It shall not apply to:
(1) bona fide judicial sales; or
(2) bona fide sales upon foreclosure of a chattel mortgage landlord's lien or other lien or like interests.
B. Auction sales of jewelry by transferees upon judicial or bankruptcy sales shall be subject to all the provisions of Chapter 61, Article 16 NMSA 1978.
History:
Laws 1941, ch. 45, § 2; 1941 Comp., § 51-1504; 1953 Comp., § 67-13-4; Laws 1993, ch. 59, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "auction sales exceptions" in the catchline; substituted "Chapter 61, Article 16 NMSA 1978" for "This act" at the beginning of Subsection A and for "hereof" at the end of Subsection B; inserted "in this section" in the first sentence of Subsection A; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 8, 46.
7A C.J.S. Auctions and Auctioneers §§ 3, 8.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-5 - Sales prohibited without license.

All sales of jewelry by auction within the scope of Chapter 61, Article 16 NMSA 1978 are forbidden unless a license issued pursuant to that article has been obtained and is in effect. No such sales whether licensed or not shall be held or be or remain open for business for a period of more than fifteen consecutive days exclusive of Sundays and legal holidays nor shall any license be granted for a sale of greater duration.
History:
Laws 1941, ch. 45, § 3; 1941 Comp., § 51-1505; 1953 Comp., § 67-13-5; Laws 1993, ch. 59, § 2.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "Sales prohibited without license" for "Prohibition" in the catchline; deleted former subsection designations, so that former Subsections A and C become the first and second sentences of this section; substituted "Chapter 61, Article 16 NMSA 1978" and "that article" for "this Act" in the first sentence; and deleted former Subsection B, pertaining to limitations on the hours for sales.
Law reviews.
— For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 3, 4, 8, 9.
Unlicensed auctioneer's right to recover compensation, 30 A.L.R. 851, 42 A.L.R. 1226, 118 A.L.R. 646.
License restrictions and regulations, validity, 31 A.L.R. 304, 39 A.L.R. 773, 111 A.L.R. 473.
Discrimination against nonresident by license, 61 A.L.R. 346, 112 A.L.R. 63.
Validity, construction and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.
7A C.J.S. Auctions and Auctioneers §§ 3, 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-6 - Licenses.

Licenses to conduct auction sales of jewelry within this act [61-16-3 to 61-16-17 NMSA 1978] in any municipality shall be secured upon application filed at least thirty days prior to the proposed auction sale in conformity with this act to the governing body of such municipality. Licenses to conduct such sales outside the boundaries of any incorporated municipality shall be secured upon application filed at least thirty (30) days prior to the proposed auction sale in conformity with this act to the board of county commissioners of the county wherein the sale is to be held. The municipal or county board, as the case may be, is hereinafter referred to as "the licensing authority."
History:
Laws 1941, ch. 45, § 4; 1941 Comp., § 51-1506; 1953 Comp., § 67-13-6.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 3 to 11.
Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.
7A C.J.S. Auctions and Auctioneers § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-7 - Application for license.

Every application for a license hereunder shall be under oath and shall include at least the following:
A. the name, residence and business address and age of the applicant together with an account of the applicant's occupation for the five years preceding the application;
B. the name, residence and business address and age of any person who will participate in conducting the proposed auction sale together with an account of the occupation of such person or persons for the five years preceding the application;
C. a complete inventory of the merchandise to be sold at the proposed auction, assigning a number to each item describing it specifically and giving as to each at least the following information:
(1) in the case of watches and clocks: the movement number, case number and model number, if any; a statement as to whether the article is new or rebuilt; the correct number of jewels; the kind of case, and the quality of the case; whether solid, gold or silver, gold-filled and the quality of any plating; the approximate year of manufacture;
(2) in the case of diamonds, whether sold separately or as a part of other jewelry: the exact weight; the color and quality; the degree of fineness; and the degree of perfection;
(3) in the case of precious and semiprecious stones other than diamonds, whether sold separately or as a part of other jewelry: the exact weight, the degree of fineness; and whether the stone is mined, reconstructed, synthetic or imitation;
(4) in the case of metallic wares, except watches, and other jewelry: the fineness of the metal, whether solid, filled or plated; and the quality of the plating, if there be plating;
D. an oath to observe the laws of this state and of any subdivision thereof wherein the sale is to be held;
E. the address, hours and dates of the proposed sale, only one place of auction being permitted;
F. the proposed terms of all sales;
G. a statement whether or not any auction license issued to the applicant has been denied or revoked.
All applications together with accompanying documents shall be kept by the municipal or county clerk as the case may be and shall be open to public inspection at all reasonable hours.
History:
Laws 1941, ch. 45, § 5; 1941 Comp., § 51-1507; 1953 Comp., § 67-13-7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers § 9.
Persons eligible for license, 31 A.L.R. 304, 39 A.L.R. 773, 111 A.L.R. 473.
7A C.J.S. Auctions and Auctioneers § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-8 - Bond.

In addition, all such applications for license shall be accompanied by the bond of the applicant in the penal sum of five thousand dollars ($5,000) running to the state of New Mexico, and conditioned to secure the faithful observance of this act [61-16-3 to 61-16-17 NMSA 1978] by all persons taking part in the conduct of any auction hereunder. Such bonds shall be secured by two or more individual sureties each of whom must be qualified by ownership of property subject to execution within this state over and above all just debts and liabilities of a value equal to the penal sum of the bond; or by one corporate surety qualified to do business in this state.
History:
Laws 1941, ch. 45, § 6; 1941 Comp., § 51-1508; 1953 Comp., § 67-13-8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 6, 7, 10.
7A C.J.S. Auctions and Auctioneers § 26.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-9 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, all applications shall be accompanied by the payment in cash to the municipality or county of an amount equal to twenty-five dollars ($25.00) for each day of the proposed sale as its duration is shown by the application. Such fees are to be returned to the applicant in the event the application is denied, or a pro rata share of the fees shall be returned if the sale is voluntarily discontinued before its proposed duration has expired. No return of any sums shall be made in the event the sale is terminated for any violation of Chapter 61, Article 16 NMSA 1978.
History:
Laws 1941, ch. 45, § 7; 1941 Comp., § 51-1509; 1953 Comp., § 67-13-9; 1978 Comp., § 61-16-9; 2020, ch. 6, § 44.
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 added "Except as provided in Section 61-1-34 NMSA 1978", and after "terminated for any violation", deleted "hereof" and added "of Chapter 61, Article 16 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-10 - Inspectors.

Said fees shall be used to defray the expense of employing a special inspector or inspectors who shall remain on the premises upon which the auction sale is conducted during all times when the same is open for business. The special inspectors shall be appointed specially for each auction by the licensing authority and so far as possible regularly employed police officers or deputy sheriffs shall be used for this purpose. He shall have power and be under duty to supervise the auction to ensure observance of the laws of this state and to make arrests in the same manner and to the same extent as other peace officers. Any surplus of fees over and above the cost of employing such special inspector or inspectors shall be retained by the municipality or county.
History:
Laws 1941, ch. 45, § 8; 1941 Comp., § 51-1510; 1953 Comp., § 67-13-10.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-11 - Hearing.

Upon the presentation of an application for a license hereunder the municipal or county clerk as the case may be shall set a date for hearing thereon not less than one week nor more than three weeks thereafter, said hearing to be held at either a regular or special meeting of the licensing authority. Notice of said hearing shall be given forthwith by registered mail to each person or company engaged in the business of selling jewelry within the particular municipality or county.
At the hearing upon said application the applicant shall attend and shall submit to an examination touching his application under oath to be conducted by the municipal or district attorney as the case may be, and by any citizen of said municipality or county, and by the attorney for any jeweler or any association of jewelers doing business within this state. The applicant or any person, persons, corporations or associations opposing the granting of a license may introduce evidence either [by] written or oral testimony or by affidavit.
If the governing board of the county or municipality as the case may be shall determine that the applicant is not disqualified, and that the application conforms with the law a license shall be granted; otherwise a license shall not be granted. As a condition of granting the license the licensing board may require more complete descriptions of the items in the inventory if they deem the tendered descriptions to be incomplete.
History:
Laws 1941, ch. 45; § 9; 1941 Comp., § 51-1511; 1953 Comp., § 67-13-11.
ANNOTATIONS
Bracketed material.
— The bracketed word in the second paragraph was added by the compiler. It was not enacted by the legislature and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers § 9.
53 C.J.S. Licenses § 43.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-12 - Licenses limited.

Licenses issued hereunder shall be expressly limited to the particular times and premises described in the application as required in Section 5(e) [61-16-7(E) NMSA 1978] hereof. A license issued hereunder shall not be held to sanction any auction sale of jewelry at any time or place other than that described in the application thereof.
History:
Laws 1941, ch. 45, § 10; 1941 Comp., § 51-1512; 1953 Comp., § 67-13-12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 3 to 11.
7A C.J.S. Auctions and Auctioneers § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-13 - Persons disqualified.

No person shall be granted a license, if he or any of his agents, principals or employees:
A. has been convicted of a violation of this act [61-16-3 to 61-16-17 NMSA 1978] or of Sections 61-16-1 and 61-16-2 NMSA 1978;
B. has had a license issued under this act revoked;
C. has held a jewelry auction sale within thirty (30) days prior to the date given in the application for the beginning of the sale sought to be licensed.
History:
Laws 1941, ch. 45, § 11; 1941 Comp., § 51-1513; 1953 Comp., § 67-13-13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers § 9.
7A C.J.S. Auctions and Auctioneers § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-14 - Offenses.

It shall be unlawful:
A. to employ shills or puffers at any such auction sale or to offer or to make or to procure to be offered or made any false bid or offer any false bid to buy or pretend to buy any article sold or offered for sale;
B. to make or attempt to make any sale to any but a bona fide bidder for cash at the highest bid above the reserve price, if any, named in the inventory required by Sec. [Section] 5(c) [61-16-7C NMSA 1978] hereof;
C. to misrepresent the cost price, or trade name or quality of any article offered for sale;
D. to fail to announce in a clear audible tone as to each article offered for sale its true description as found in the inventory required by Section 5(c) hereof;
E. to fail to attach to each article sold upon its delivery a card upon which shall be legibly written its inventory description and number;
F. to make any false statement in the application for license hereunder or the inventory filed therewith;
G. to sell or attempt to sell any article or merchandise falling within the class described in Section 2 [61-16-4 NMSA 1978] hereof that has not been included in the inventory required by Section 5(c) hereof;
H. for a licensee to conduct or attempt to conduct an auction within this act [61-16-3 to 61-16-17 NMSA 1978] other than on the premises described in the application as required by Section 5(e) [61-16-7(E) NMSA 1978].
History:
Laws 1941, ch. 45, § 12; 1941 Comp., § 51-1514; 1953 Comp., § 67-13-14.
ANNOTATIONS
Cross references.
— For the penalty for employing puffers, see 61-16-1 and 61-16-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 13 to 36, 77, 86.
Title to goods, as between purchaser from, and one who entrusted them to, auctioneer, 36 A.L.R.2d 1362.
Implied or apparent authority of agent selling personal property to make warranties, 40 A.L.R.2d 285.
Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.
7A C.J.S. Auctions and Auctioneers §§ 8 to 17, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-15 - Penalties.

Any person or corporation violating the provisions of Section 3(a) [61-16-5(A) NMSA 1978] of this act shall upon conviction thereof be fined not less than one hundred [$100] nor more than one thousand dollars [$1,000] and may be imprisoned for not more than sixty (60) days.
Any person or corporation violating any other provisions of this act [61-16-3 to 61-16-17 NMSA 1978] shall upon conviction be fined not less than twenty-five [$25.00] nor more than one hundred dollars [$100] for each offense. Each individual illegal sale at said auction shall constitute a separate offense. Upon conviction of the licensee or his agent or principal or employee of any offense hereunder the license shall be revoked forthwith by the court in which the conviction is had.
History:
Laws 1941, ch. 45, § 13; 1941 Comp., § 51-1515; 1953 Comp., § 67-13-15.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-16 - Suspension of license.

Upon the filing of criminal proceedings for violation of this act [61-16-3 to 61-16-17 NMSA 1978] against any licensee or any person operating the auction, any citizen may apply to the county or municipal board which granted the license for an immediate suspension of said license. The board shall determine forthwith whether there is probable cause to believe that this act has been violated and upon an affirmative determination shall forthwith suspend the operation of the license effective upon delivery of written notice thereof to any person conducting the auction sale or soliciting bids. The suspension shall operate until the acquittal of the person accused of such violation or until revocation of the license following conviction.
History:
Laws 1941, ch. 45, § 14; 1941 Comp., § 51-1516; 1953 Comp., § 67-13-16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 3 to 11.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
7A C.J.S. Auctions and Auctioneers § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-17 - Recovery on bond.

The state of New Mexico for the purpose of recovery of fines and penalties hereunder, and any person purchasing at any auction hereunder for the satisfaction of any civil judgment in an action for misrepresentation or fraud, or arising out of any violation of this act [61-16-3 to 61-16-17 NMSA 1978], shall have a right of action upon the bond required by Section 6 [61-16-8 NMSA 1978] hereof. Such action shall be brought in the name of the state of New Mexico only or in the name of the state of New Mexico to the use of the party entitled to recover upon said bond, as the case may be.
History:
Laws 1941, ch. 45, § 15; 1941 Comp., § 51-1517; 1953 Comp., § 67-13-17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 6, 7, 10.
Liability of auctioneer or clerk to buyer as to title, condition or quality of goods, 80 A.L.R.2d 1237.
7A C.J.S. Auctions and Auctioneers §§ 3, 26.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17 - Barbers (Repealed.) › Section 61-17-1 to 61-17-42 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 171, § 28 repealed former 61-17-1 to 61-17-6 NMSA 1978, as enacted by Laws 1963, ch. 103, § 1, and as amended by Laws 1981, ch. 27, § 1, Laws 1987, ch. 107, §§ 1 to 3, and Laws 1988, ch. 38, § 1, concerning the licensing of barbers, the short title, definitions, regulation of barber schools, barber instructors, and barber qualifications, effective June 18, 1993. For present comparable provisions,
see
Chapter 61, Article 17A NMSA 1978.
Laws 1987, ch. 107, § 12 repealed former 61-17-7 NMSA 1978, as amended by Laws 1979, ch. 372, § 1, relating to apprentice qualifications, effective June 19, 1987.
Laws 1993, ch. 171, § 28, repealed former 61-17-8 NMSA 1978, as amended by Laws 1987, ch. 107, § 4, concerning reciprocity with other states, territories or possessions of the United States, or the District of Columbia, effective June 18, 1993.
Laws 1987, ch. 107, § 12, repealed former 61-17-9 NMSA 1978 as enacted by Laws 1937, ch. 220, § 7, relating to registered apprentices from other states, effective June 19, 1987.
Laws 1993, ch. 171, § 28 repealed former 61-17-10 to 61-17-25 NMSA 1978, as enacted by Laws 1937, ch. 220, §§ 10, 12, and 15 to 17; and Laws 1979, ch. 372, § 3; and as amended by Laws 1977, ch. 247, § 175; Laws 1983, ch. 262, §§ 2, 3; and Laws 1987, ch. 107, §§ 5 to 11; concerning the issuance, display, renewal, suspension or revocation of a certificate of registration, creating, organizing, and empowering the board of barber examiners, and providing laws concerning sanitation, effective June 18, 1993. For present comparable provisions,
see
Chapter 61, Article 17A NMSA 1978.
Laws 1979, ch. 372, § 7, repealed former 61-17-26 to 61-17-39 NMSA 1978, relating to unfair, unjust and uneconomic trading practices in the operation of barber shops in the state and the prohibition thereof.
Laws 1993, ch. 171, § 28 repealed former 61-17-40 to 61-17-42 NMSA 1978, as enacted by Laws 1974, ch. 78, § 21; and Laws 1983, ch. 262, § 5; and as amended by Laws 1987, ch. 333, § 9; concerning application of the Criminal Offender Employment Act, 28-2-1 to 28-2-6 NMSA 1978, providing for the delayed repeal of this article, and construing this article, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-1 - Short title. (Repealed effective July 1, 2026.)

Chapter 61, Article 17A NMSA 1978 may be cited as the "Barbers and Cosmetologists Act".
History:
Laws 1993, ch. 171, § 1; 2013, ch. 166, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Barbers and Cosmetologists Act; and at the beginning of the sentence, deleted "Sections 1 through 24 of this act" and added "Chapter 61, Article 13 NMSA 1978".
Law reviews.
— For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists §§ 4 to 12.
Places or persons within purview of statute or ordinance as to licensing of barbers, 31 A.L.R. 433, 59 A.L.R. 543.
Validity, construction, and effect of statute or ordinance regulating beauty culture schools, 56 A.L.R.2d 879.
39A C.J.S. Health and Environment §§ 37 to 39.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-3 - Barbering defined. (Repealed effective July 1, 2026.)

Barbering includes any one or any combination of the following practices when done upon the upper part of the human body for cosmetic purposes for the public generally, upon male or female:
A. shaving or trimming the beard or cutting the hair;
B. curling and waving, including permanent waving, the hair;
C. giving facial and scalp massage or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances;
D. shampooing, bleaching or dyeing the hair or applying tonics; or
E. applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, neck or upper part of the body.
History:
Laws 1993, ch. 171, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-4 - Cosmetology defined. (Repealed effective July 1, 2026.)

Cosmetology means the practice of those services that include:
A. arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical apparatus or appliances;
B. using cosmetic preparations, antiseptics, tonics, lotions or creams or massaging, cleansing, stimulating, manipulating, beautifying or performing similar work on the body of a person;
C. manicuring and pedicuring the nails of a person;
D. caring for and servicing wigs and hair pieces; or
E. removing of unwanted hair except by means of electrology.
History:
Laws 1993, ch. 171, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-4.1 - Hairstyling defined. (Repealed effective July 1, 2026.)

Hairstyling includes any one or any combination of the following practices when done upon the upper part of the male or female human body for cosmetic purposes for the public generally, using the hands or manual, mechanical or electrical implements or appliances:
A. cleansing, massaging or stimulating the scalp with oils, creams, lotions or other cosmetic or chemical preparations;
B. applying cosmetic or chemical preparations, antiseptics, powders, oils, clays or lotions to the scalp;
C. cutting, arranging, applying hair extensions to or styling the hair by any means;
D. cleansing, coloring, lightening, waving or straightening the hair with cosmetic or chemical preparations; or
E. trimming a person's beard.
History:
Laws 2017, ch. 112, § 1.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-17A-25 NMSA 1978.
Effective dates.
— Laws 2017, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-5 - License required. (Repealed effective July 1, 2026.)

A. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall practice barbering, hairstyling or cosmetology for compensation either directly or indirectly.
B. Unless licensed pursuant to the Barbers and Cosmetologists Act, no person shall operate a school or establishment for compensation.
C. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall teach barbering, hairstyling, cosmetology or electrology for compensation.
D. Unless licensed by the board pursuant to the Barbers and Cosmetologists Act, no person shall practice as a manicurist-pedicurist, esthetician or electrologist for compensation.
History:
Laws 1993, ch. 171, § 5; 1997, ch. 218, § 2; 2017, ch. 112, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2017 amendment,
effective June 16, 2017, required individuals who engage in the practice of hairstyling or who teach hairstyling to obtain a license pursuant to the Barbers and Cosmetologists Act; and in Subsections A and C, after "barbering", added "hairstyling".
The 1997 amendment
substituted "License required" for "Certification required" in the section heading and substituted "Unless licensed" for "Unless certified" at the beginning of Subsection D. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Inapplicable in federal enclave.
— The state of New Mexico may not require that barbers employed at White Sands missile range by a concessionaire under contract with the army and air force exchange service be subject to licensing and other regulation under the laws of New Mexico as administered by the state board of barber examiners. 1960 Op. Att'y Gen. No. 60-15 (rendered under former law).
Inspection prerequisite to reopening.
— The opening of a barber shop after it was closed for some years constitutes the opening or establishment of such shop for which the inspection fee is payable. 1938 Op. Att'y Gen. No. 38-1974 (rendered under former law).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-8.1 - Licensure requirements; hairstylists. (Repealed effective July 1, 2026.)

A. Except as provided in Subsection B of this section, a hairstylist license shall be issued to a person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is at least seventeen years of age;
(2) has completed a course in hairstyling of at least one thousand two hundred hours in a school approved by the board; and
(3) has passed an examination approved by the board.
B. A hairstylist license shall be issued to a person who files a completed application, accompanied by the required fees and documentation, and meets the requirements of Paragraphs (1) through (3) of Subsection A of this section.
C. The holder of a hairstylist license has the right and privilege to use the title "hairstylist".
History:
Laws 2017, ch. 112, § 2; 2022, ch. 39, § 72.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, revised the licensure requirements for hairstylists; in Subsection A, deleted former Paragraph A(1), which provided "has an education equivalent to the completion of the second year of high school", and redesignated former Paragraphs A(2) through A(4) as Paragraphs A(1) through A(3), respectively, and in Paragraph A(2), after "two hundred hours in a school", added "approved by the board"; and in Subsection B, after "Paragraphs (1) through", changed "(4)" to "(3)".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-9 - Licensure requirements; cosmetologists. (Repealed effective July 1, 2026.)

A. A cosmetologist license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is at least seventeen years of age;
(2) has completed a course in cosmetology of at least one thousand six hundred hours at a school approved by the board; and
(3) has passed an examination approved by the board.
B. The name of a licensed cosmetologist may be immediately followed by the initials "R.C.", as a right and privilege of licensure.
History:
Laws 1993, ch. 171, § 9; 1997, ch. 218, § 6; 2022, ch. 39, § 73.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, revised the licensure requirements for cosmetologists; and in Subsection A, deleted former Paragraph A(2), which provided "has an education equivalent to the completion of the second year of high school", and redesignated former Paragraphs A(3) and A(4) as Paragraphs A(2) and A(3), respectively.
The 1997 amendment
deleted "submits satisfactory evidence that he" at the end of the introductory language of Subsection A, substituted "one thousand six hundred hours" for "sixteen hundred hours" in Paragraph A(3), and rewrote Subsection B. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: perfumes, colognes, or deodorants, 46 A.L.R.4th 1197.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-10 - Licensure requirements of manicurists-pedicurists, estheticians and electrologists. (Repealed effective July 1, 2026.)

A. The board shall provide for the licensure of manicurists-pedicurists. The board shall issue a manicurist-pedicurist license to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board. The name of a licensed manicurist-pedicurist may be immediately followed by the initials "R.M.", as a right and privilege of licensure.
B. The board shall provide for the licensure of estheticians. The board shall issue an esthetician license to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board. The name of a licensed esthetician may be immediately followed by the initials "R.F.", as a right and privilege of licensure.
C. The board shall provide for the licensure of electrologists. The board shall issue an electrologist license to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board. The name of a licensed electrologist may be immediately followed by the initials "R.E.", as a right and privilege of licensure.
History:
Laws 1993, ch. 171, § 10; 1997, ch. 218, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 1997 amendment
substituted "Licensure requirements" for "Certification" in the section heading, substituted "licensure" for "certification" and "license" for "certificate" throughout the section, rewrote the last sentences of Subsections A, B and C, and made gender neutral changes throughout the section. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-11 - Licensure of instructors. (Repealed effective July 1, 2026.)

A. A cosmetologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is a licensed cosmetologist;
(2) has met all requirements established by the board; and
(3) has passed an examination approved by the board.
B. A barber instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is a licensed barber;
(2) has completed at least a four-year high school course of study or its equivalent as approved by the board;
(3) has met all requirements established by the board; and
(4) has passed an examination approved by the board.
C. An electrologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board.
D. The name of a licensed instructor may be immediately followed by the initials "R.I.", as a right and privilege of licensure.
History:
Laws 1993, ch. 171, § 11; 1997, ch. 218, § 8; 2022, ch. 39, § 74.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, revised the licensure requirements for cosmetologist instructors; and in Subsection A, deleted former Paragraph A(2), which provided "has completed at least a four year high school course of study or its equivalent as approved by the board", and redesignated former Paragraphs A(3) and A(4) as Paragraphs A(2) and A(3) , respectively.
The 1997 amendment
deleted "submits satisfactory evidence that he" at the end of the introductory paragraphs of Subsections A and B, substituted "of compliance" for "that he complies" near the end of Subsection C, and rewrote Subsection D. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
College teaching credit not required.
— The New Mexico state barbers board (now board of barbers and cosmetologists) could not require that instructors in barbers colleges in New Mexico have 10 hours teaching credit in or at an accredited college or university. 1957 Op. Att'y Gen. No. 57-245 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists § 8.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 218, § 18 repealed 61-17A-13, as enacted by Laws 1993, ch. 171, § 13, relating to the tuition recovery fund, effective June 20, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-14 - Barbers and cosmetologists fund created. (Repealed effective July 1, 2026.)

The "barbers and cosmetologists fund" is created in the state treasury. All license fees and charges imposed by the board shall be deposited in the fund. Money in the fund is appropriated to the board for the purpose of carrying out the provisions of the Barbers and Cosmetologists Act. Any balance remaining in the fund at the end of each fiscal year shall not revert to the general fund.
History:
Laws 1993, ch. 171, § 14; 2022, ch. 39, § 75.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, eliminated the depositing of fines in the barbers and cosmetologists fund; and after "fees", added "and", and after "charges", deleted "and fines".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-15 - Licensure of all establishments and enterprises. (Repealed effective July 1, 2026.)

The board shall provide for the licensure of all establishments and enterprises. The board shall issue a license to establishments, enterprises and clinics that submit a completed application, accompanied by the required fees and documentation, and that submit satisfactory evidence of compliance with all requirements established by the board.
History:
Laws 1993, ch. 171, § 15; 1997, ch. 218, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 1997 amendment
added "and enterprises" at the end of the section heading and at the end of the first sentence, and inserted "enterprises" near the beginning of the second sentence. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-18 - License to be displayed; notice of change of place of business. (Repealed effective July 1, 2026.)

Every holder of a license issued pursuant to the Barbers and Cosmetologists Act shall notify the department of any change in place of business. A license shall be displayed conspicuously at the holder's place of business.
History:
Laws 1993, ch. 171, § 18; 1997, ch. 218, § 13; 2022, ch. 39, § 77.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, required every holder of a license issued pursuant to the Barbers and Cosmetologists Act to notify the department of regulation and licensing of any change in place of business, and removed a provision requiring notification be made to the executive director; and after "holder of a license", added "issued pursuant to the Barbers and Cosmetologists Act", after "shall notify the", deleted "executive director" and added "department", and deleted "Upon receipt of the notification, the executive director shall make the necessary change in the books.".
The 1997 amendment
rewrote this section to the extent that a detailed comparison is impracticable. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-19 - License nontransferable. (Repealed effective July 1, 2026.)

Each license shall be issued under the authority of the Barbers and Cosmetologists Act by the department in the name of the licensee. The license may not be the subject of a sale, transfer, assignment, conveyance, lease, bequest, gift or other means of transfer.
History:
Laws 1993, ch. 171, § 19; 2022, ch. 39, § 78.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, substituted the board of barbers and cosmetologists with the department of regulation and licensing as the entity under whose authority licenses are issued; and after "Barbers and Cosmetologists Act by the", deleted "board" and added "department".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-20 - Duration, restoration and renewal of licenses. (Repealed effective July 1, 2026.)

A. The original issuance and renewal of licenses to practice as a barber, hairstylist, cosmetologist, instructor, esthetician, manicurist-pedicurist or electrologist shall be for a period of two years or less from the date of issuance. If the licensee fails to renew the license for the next two-year period, the license is void; provided the license may be restored at any time during the year following expiration upon the payment of the appropriate fee and a late charge not to exceed one hundred dollars ($100) as set forth by board rules. If the licensee fails to restore the license within one year following its expiration, the licensee may request restoration of the license pursuant to rules promulgated by the board.
B. The original issuance and annual renewal of licenses to operate an establishment or school shall be for a period of twelve months or less following the issuance of the license. If the licensee fails to renew the license within thirty days after its expiration, the license is void, and, to again obtain a license, an application, required documentation, payment of the renewal fee and a late fee not to exceed one hundred dollars ($100) as established by board rules is required.
C. The board may establish a staggered system of license expiration.
History:
Laws 1993, ch. 171, § 20; 1997, ch. 218, § 14; 2007, ch. 181, § 17; 2017, ch. 112, § 8; 2019, ch. 243, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17A-25 NMSA 1978.
The 2019 amendment,
effective July 1, 2019, increased the duration of a license issued to a barber, hairstylist, cosmetologist, instructor, esthetician, manicurist-pedicurist or electrologists from one to two years; and in Subsection A, after "for a period of", deleted "one year" and added "two years", and after "for the next", deleted "year" and added "two-year period".
The 2017 amendment,
effective June 16, 2017, provided that the original issuance and renewal of licenses to practice as a hairstylist shall be for a period of one year or less from the date of issuance; in Subsection A, after "barber,", added "hairstylist".
The 2007 amendment,
effective June 15, 2007, appropriates $300,000 from the barbers and cosmetology fund to the board of barbers and cosmetologists for expenditure in fiscal year 2008 for administration of the Body Art Safe Practices Act.
The 1997 amendment
rewrote this section to the extent that a detailed comparison is impracticable. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists § 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-22 - Exemptions. (Repealed effective July 1, 2026.)

The following persons are exempt from the provisions of the Barbers and Cosmetologists Act while in the discharge of their professional duties:
A. persons licensed by the law of this state to practice medicine and surgery or chiropractic;
B. commissioned medical or surgical officers of the United States army, navy or marine hospital service;
C. registered nurses;
D. funeral service practitioners; and
E. persons providing only eyebrow-threading services.
History:
Laws 1993, ch. 171, § 22; 2017, ch. 108, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, exempted persons who provide only eyebrow threading services from the provisions of the Barbers and Cosmetologists Act; and added Subsection E.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists § 11.