reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-16 - Enforcement. (Repealed effective July 1, 2026.)

A. Violation of any provision of the Landscape Architects Act is a misdemeanor.
B. The board may bring civil action in any district court to enforce any of the provisions of the Landscape Architects Act.
History:
Laws 1985, ch. 151, § 16.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
Cross references.
— As to sentencing for misdemeanors, see 31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)

The board of landscape architects is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Landscape Architects Act until July 1, 2026. Effective July 1, 2026, the Landscape Architects Act is repealed.
History:
Laws 1985, ch. 151, § 18; 1991, ch. 189, § 24; 1997, ch. 46, § 18; 2005, ch. 208, § 17; 2013, ch. 166, § 5; 2019, ch. 168, § 3.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, extended the termination date for the board of landscape architects; and changed "July 1, 2019", to "July 1, 2025", and changed "July 1, 2020", to "July 1, 2026".
The 2013 amendment,
effective June 14, 2013, changed the agency termination date from 2013 to 2019, the termination of the operations date from 2014 to 2020, and the repeal date from 2014 to 2020.
The 2005 amendment,
effective June 17, 2005, changes the termination, operation and repeal dates.
The 1997 amendment
substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences. Laws 1997, ch. 46 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.
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1997" for "July 1, 1991" in the first sentence and substituted "July 1, 1998" for "July 1, 1992" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-1 - Short title.

Chapter 61, Article 24C NMSA 1978 may be cited as the "Interior Designers Act".
History:
Laws 1989, ch. 53, § 1; 2000, ch. 4, § 13.
ANNOTATIONS
The 2000 amendment,
effective February 15, 2000, substituted "Chapter 61, Article 24C NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 4, 5, 14, 34, 35, 39 to 41, 45 to 47, 58 to 62, 70 to 73.
53 C.J.S. Licenses §§ 5, 7, 22, 30, 34 to 40, 50 to 66, 78, 81, 82.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-2 - Findings.

The legislature finds that it will benefit and protect the citizens of the state to require the licensing of interior designers and prohibit the use of the designation licensed "interior designer" by unlicensed persons.
History:
Laws 1989, ch. 53, § 2; 2007, ch. 245, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, prohibits the use of the designation of licensed interior designer by unlicensed persons.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-3 - Definitions.

As used in the Interior Designers Act:
A. "applicant" means a person applying to the department for an interior designer license;
B. "department" means the regulation and licensing department;
C. "interior design" means services that do not necessarily require performance by an architect, such as administering contracts for fabrication, procurement or installation in the implementation of designs, drawings and specifications for any interior design project and consultations, studies, drawings and specifications in connection with reflected ceiling plans, space utilization, furnishings or the fabrication of nonstructural elements within and surrounding interior spaces of buildings, but specifically excluding mechanical and electrical systems, except for specifications of fixtures and their location within interior spaces; and
D. "licensed interior designer" or "licensed designer" means a person licensed pursuant to the Interior Designers Act.
History:
Laws 1989, ch. 53, § 3; 2007, ch. 245, § 2; 2023, ch. 190, § 30.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, defined "applicant" and "department" and removed the definition of "board" as used in the Interior Designers Act; deleted former Subsection A and added a new Subsection A; and added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively.
The 2007 amendment,
effective June 15, 2007, defines "licensed interior designer".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-4 - Repealed.

History:
Laws 1989, ch. 53, § 4; 2003, ch. 408, § 26; 2007, ch. 245, § 3; repealed by Laws 2023, ch. 190, § 53.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 190, § 53 repealed 61-24C-4 NMSA 1978, as enacted by Laws 1989, ch. 53, § 4, relating to interior design board created, members, terms, compensation, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-5 - Powers and duties of the department.

The department:
A. shall administer, coordinate and enforce the provisions of the Interior Designers Act. The department may investigate allegations of violations of the provisions of the Interior Designers Act;
B. shall adopt rules to carry out the purposes and policies of the Interior Designers Act, including rules relating to professional conduct, standards of professional examination and licensure, and reasonable license, application, renewal and late fees;
C. shall require a licensee, as a condition of the renewal of the license, to undergo continuing education requirements pursuant to the Interior Designers Act;
D. shall maintain an official roster showing the name, address and license number of each interior designer licensed pursuant to the Interior Designers Act;
E. may adopt a common seal for use by licensed interior designers; and
F. shall do all other things reasonable and necessary to carry out the provisions of the Interior Designers Act.
History:
Laws 1989, ch. 53, § 5; 2003, ch. 408, § 27; 2007, ch. 245, § 4; 2023, ch. 190, § 31.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, moved the administration, coordination and enforcement of the provisions of the Interior Designers Act from the interior design board to the department of regulation and licensing, and clarified language in the section; in the section heading, deleted "board" and added "department"; in the introductory clause and Subsection A, deleted "board" and added "department"; in Subsection B, deleted "and the establishment of ethical standards of practice for a licensed interior designer in New Mexico"; and deleted former Subsection E and redesignated former Subsections F and G as Subsections E and F, respectively.
Temporary provisions.
— Laws 2023, ch. 190, § 52 provided that on July 1, 2023:
A. all functions, appropriations, money, records and files of the interior design board relating to the Interior Designers Act shall be transferred to the regulation and licensing department;
B. all contractual obligations of the interior design board relating to the Interior Designers Act shall be binding on the regulation and licensing department; and
C. the rules, orders and decisions of the interior design board relating to the Interior Designers Act shall remain in effect until repealed or amended.
The 2007 amendment,
effective June 15, 2007, changes references from interior designer to licensed interior designer.
The 2003 amendment,
effective July 1, 2003, deleted former Subsections C and D, concerning employment of director and contracting for office space and administrative services, and redesignated the subsequent subsections accordingly.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-6 - Repealed.

History:
Laws 1989, ch. 53, § 6; repealed by Laws 2023, ch. 190, § 53.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 190, § 53 repealed 61-24C-6 NMSA 1978, as enacted by Laws 1989, ch. 53, § 6, relating to compensation and expenses, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-7 - Repealed.

History:
Laws 1989, ch. 53, § 7; repealed by Laws 2023, ch. 190, § 53.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 190, § 53 repealed 61-24C-7 NMSA 1978, as enacted by Laws 1989, ch. 53, § 7, relating to requirements for licensure, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-8 - Requirements for licensure.

Each applicant for licensure shall apply to the department. Except as otherwise provided in the Interior Designers Act, each applicant shall take and pass the national council for interior design qualification examination or another nationally recognized examination approved by the department and have an active certification from the national council for interior design qualification or another nationally recognized certification.
History:
Laws 1989, ch. 53, § 8; 2023, ch. 190, § 32.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2023 amendment,
effective July 1, 2023, provided that applicants for licensure apply to the department of regulation and licensing, and required applicants to take and pass the national council for interior design qualification or other nationally recognized examination approved by the department and to have a nationally recognized certification; in the former introductory clause, after "shall apply to the", deleted "board" and added "department"; deleted "a nationally standardized examination. The board may adopt substantially all or part of the examination and grading procedures of the national council for interior design qualifications. Prior to examination, the applicant shall provide substantial evidence to the board that the applicant"; added "the national council for interior design qualification examination or another nationally recognized examination approved by the department and have an active certification from the national council for interior design qualification or another nationally recognized certification"; and deleted former Subsections A through E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-9 - License without examination.

If a person applies for licensure but does not satisfy the requirements of Section 61-24C-8 NMSA 1978, the department may on a case-by-case basis review and issue a license to an applicant who provides evidence to the department that the applicant:
A. has active licensure in another state or country where the qualifications are equal to or exceed those required by the Interior Designers Act and the applicant complies with all other requirements of the Interior Designers Act; or
B. has apprenticed for at least eight years under a licensed interior designer who passed the national council for interior design qualification examination or another nationally recognized examination approved by the department.
History:
Laws 1989, ch. 53, § 9; 2023, ch. 190, § 33.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, deleted former Subsections A through C and added new Subsections A and B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-11 - License required; penalty.

A. A person shall not knowingly:
(1) use the name or title of licensed interior designer when the person is not the holder of a current, valid license issued pursuant to the Interior Designers Act;
(2) use or present as the person's own the license of another;
(3) give false or forged evidence to the department or a department employee for the purpose of obtaining a license;
(4) use or attempt to use an interior design license that has been suspended, revoked or placed on inactive status; or
(5) conceal information relative to violations of the Interior Designers Act.
B. A person who violates a provision of this section shall be penalized pursuant to the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; provided that a licensee or applicant shall be afforded notice and an opportunity to be heard before the department has authority to take any action that would result in a penalty or fine, including suspension, revocation, denial or withholding of a license or other corrective action.
History:
Laws 1989, ch. 53, § 11; 2007, ch. 245, § 6; 2023, ch. 190, § 35.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised the penalty provisions and clarified certain language; in Subsection A, in the introductory clause, deleted "After the results of the first examination held pursuant to the Interior Designers Act are announced, no" and after "shall", added "not"; in Paragraph A(3), after "evidence to the", deleted "board" and added "department", and after "or a", deleted "board member" and added "department employee"; and in Subsection B, after "provision of this section", deleted "is guilty of a misdemeanor and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both imprisonment or fine, in the discretion of the judge" and added "shall be penalized pursuant to the provisions of the Uniform Licensing Act; provided that a licensee or applicant shall be afforded notice and an opportunity to be heard before the department has authority to take any action that would result in a penalty or fine, including suspension, revocation, denial or withholding of a license or other corrective action.".
The 2007 amendment,
effective June 15, 2007, changes the reference from interior designer to licensed interior designer.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-12 - Repealed.

History:
Laws 1989, ch. 53, § 12; 2007, ch. 245, § 7; repealed by Laws 2023, ch. 190, § 53.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 190, § 53 repealed 61-24C-12 NMSA 1978, as enacted by Laws 1989, ch. 53, § 12, relating to penalties levied by the board, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-13 - Exemptions.

A. Nothing in the Interior Designers Act shall be construed as preventing or restricting the practice, services or activities of:
(1) engineers licensed pursuant to the Engineering and Surveying Practice Act [Chapter 61, Article 23 NMSA 1978];
(2) architects licensed pursuant to the Architectural Act [Chapter 61, Article 15 NMSA 1978];
(3) contractors licensed pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978];
(4) any interior decorator or individual offering interior decorating services, including but not limited to selection of surface materials, window treatments, wall coverings, paint, floor coverings and lighting fixtures; and
(5) builders, home furnishings salespersons and similar purveyors of goods and services relating to homemaking.
B. Nothing contained in the Interior Designers Act shall prevent any person from rendering or offering to render any of the services that constitute the practice of interior design, provided that such person shall not be permitted to use or be identified by the title "licensed interior designer" unless licensed in accordance with the provisions of that act or as otherwise provided by law.
C. Nothing in the Interior Designers Act shall be construed to permit a licensed interior designer to engage in the practice of engineering as defined in the Engineering and Surveying Practice Act.
History:
Laws 1989, ch. 53, § 13; 2007, ch. 245, § 8.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, eliminates the provision that permitted a person to use words or combinations of words other that "interior designer" or "interior design" no matter how similar the words or combinations of words might be.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-14 - License fees.

Except as provided in Section 61-1-34 NMSA 1978, any fees for an original license or renewal of license, late charges or any other fees authorized by the provisions of the Interior Designers Act shall be set by rule of the department. The fee for initial licensure shall not exceed two hundred dollars ($200).
History:
Laws 1989, ch. 53, § 14; 2021, ch. 92, § 14; 2023, ch. 190, § 36.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, provided that fees authorized by the provisions of the Interior Designers Act shall be set by rule by the department of regulation and licensing; and after "set by rule of the", deleted "board" and added "department".
The 2021 amendment,
effective June 18, 2021, added "Except as provided in Section 61-1-34 NMSA 1978, any".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-15 - Disclosure requirements.

A. Interior design documents prepared by a licensed interior designer shall contain a statement that the document is not an architectural or engineering study, drawing, specification or design and is not to be used as the basis for construction of any load-bearing framing, wall or structure construction.
B. Before entering into a contract, a licensed interior designer shall clearly determine the scope and nature of the project and the methods of compensation. The licensed interior designer may offer professional services to the client as a consultant, specifier or supplier on the basis of a fee, percentage or mark-up. The licensed interior designer shall have the responsibility of fully disclosing to the client the manner in which all compensation is to be paid.
C. A licensed interior designer shall not accept any form of compensation from a supplier of goods and services in cash or in kind, unless the licensed interior designer first informs the client of the compensation.
History:
Laws 1989, ch. 53, § 15; 2007, ch. 245, § 9.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changes references from interior designer to licensed interior designer.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-16 - Fund established; disposition; method of payment.

A. There is created the "interior design fund".
B. All money collected under the Interior Designers Act shall be deposited with the state treasurer. The state treasurer shall credit the money to the interior design fund.
C. Payments out of the interior design fund shall be on vouchers issued by the superintendent of regulation and licensing upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.
D. All amounts paid to the interior design fund are subject to appropriation by the legislature and shall be used only for meeting necessary expenses incurred in executing the provisions and duties of the Interior Designers Act and for promoting interior design education and standards in the state. All money unused at the end of any fiscal year shall remain in the interior design fund for use in accordance with the provisions of the Interior Designers Act.
History:
Laws 1989, ch. 53, § 16; 2007, ch. 245, § 10; 2023, ch. 190, § 37.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, changed the name of the interior design board fund to the interior design fund, moved the administration of the interior design fund from the interior design board to the department of regulation and licensing; in Subsection A, after "design", deleted "board"; in Subsection B, after "All", deleted "funds received by the board and"; in Subsection C, after "design", deleted "board", after "issued by the", deleted "secretary-treasurer" and added "superintendent", and after "of", deleted "the board" and added "regulation and licensing"; and in Subsection D, after each occurrence of "design", deleted "board".
The 2007 amendment,
effective June 15, 2007, provides that all funds paid to the board are subject to appropriation by the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24C - Interior Designers › Section 61-24C-17 - Repealed.

History:
1978 Comp., § 61-24C-17, enacted by Laws 1993, ch. 83, § 5; 2000, ch. 4, § 14; 2005, ch. 208, § 18; 2011, ch. 30, § 6; 2017, ch. 52, § 10; repealed by Laws 2023, ch. 190, § 53.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 190, § 53 repealed 61-24C-17 NMSA 1978, as enacted by Laws 1993, ch. 83, § 5, relating to termination of agency life, delayed repeal, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-1 - Short title.

Chapter 61, Article 24D NMSA 1978 may be cited as the "Home Inspector Licensing Act".
History:
Laws 2019, ch. 239, § 1; 2022, ch. 39, § 92.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, changed "This act" to "Chapter 61, Article 24D NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-4 - Pre-inspection agreement; report; disclaimer; no waiver of duty.

A. A home inspector shall enter into a pre- inspection agreement with a client prior to commencement of a home inspection. The written pre-inspection agreement shall include, in all capital letters, the following statement: "THE HOME INSPECTOR WILL NOT DETERMINE AND THE REPORT PROVIDED UPON COMPLETION OF THE HOME INSPECTION WILL NOT CONTAIN A DETERMINATION OF WHETHER THE HOME OR COMPONENTS AND/OR SYSTEMS OF THE HOME THAT HAVE BEEN INSPECTED CONFORM TO LOCAL OR STATE BUILDING CODE REQUIREMENTS.".
B. A home inspector shall provide a client with a report of the home inspection by the date set forth in the pre-inspection agreement. If the pre-inspection agreement does not set forth a date by which the report shall be provided to the client, the home inspector shall provide the report to the client no later than five days after the home inspection was performed.
C. The report shall contain the following statement: "THE HOME INSPECTOR DID NOT DETERMINE AND THIS REPORT DOES NOT CONTAIN A DETERMINATION OF WHETHER THE HOME OR COMPONENTS AND/OR SYSTEMS OF THE HOME THAT HAVE BEEN INSPECTED CONFORM TO LOCAL OR STATE BUILDING CODE REQUIREMENTS.".
D. Contractual provisions that purport to waive any duty owed pursuant to the Home Inspector Licensing Act or accompanying rules as prescribed by the board or that limit the liability of the home inspector to an amount less than the professional liability insurance minimum coverage per claim as prescribed by the board are invalid.
History:
Laws 2019, ch. 239, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-5 - License required; exemptions.

A. A person who is not a licensee shall not:
(1) conduct home inspections, develop a report or otherwise engage in the business of home inspection;
(2) in the course of conducting business, use the title "home inspector", "certified home inspector", "registered home inspector", "licensed home inspector", "professional home inspector" or any other title, abbreviation, letters, figures or signs that indicate the person is a licensed home inspector; or
(3) use the terms "state licensed" or "licensed" to refer to an inspection conducted or a report prepared by a person who is not a licensee.
B. A business entity shall not provide home inspection services unless all of the home inspectors employed by the business are licensees.
C. A business entity shall not use, in connection with the name or signature of the business, the title "home inspectors" to describe the business entity's services unless each person employed by the business as a home inspector is a licensee.
D. The Home Inspector Licensing Act does not apply to a person:
(1) licensed by the state as an engineer, an architect, a real estate qualifying or associate broker, a real estate appraiser, a certified general appraiser, a residential real estate appraiser or a pest control operator, when acting within the scope of the person's license;
(2) licensed by the state or a political subdivision of the state as an electrician, a general contractor, a plumber or a heating and air conditioning technician, when acting within the scope of the person's license;
(3) regulated by the state as an insurance adjuster, when acting within the scope of the person's license;
(4) employed by the state or a political subdivision of the state as a code enforcement official, when acting within the scope of the person's employment;
(5) who performs an energy audit of a residential property;
(6) who performs a warranty evaluation of components, systems or appliances within a resale residential property for the purpose of issuing a home warranty; provided that all warranty evaluation reports include a statement that the warranty evaluation performed is not a home inspection and does not meet the standards of a home inspection pursuant to the provisions of the Home Inspector Licensing Act. A home warranty company shall not refer to a warranty evaluation as a home inspection;
(7) who in the scope of the person's employment performs safety inspections of utility equipment in or attached to residential real property pursuant to the provisions of Chapter 62 NMSA 1978 or rules adopted by the public regulation commission; and
(8) hired by the owner or lessor of residential real property to perform an inspection of the components of the residential real property for the purpose of preparing a bid or estimate for performing construction, remodeling or repair work in the residential real property.
History:
Laws 2019, ch. 239, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-6 - Licensure.

A. Unless otherwise provided in the Home Inspector Licensing Act, an applicant for a license shall:
(1) complete an application on forms provided by the board;
(2) provide documentation to establish that the applicant is at least eighteen years of age;
(3) provide the board with the applicant's fingerprints and all information necessary for a state and national criminal background check;
(4) provide proof of and maintain insurance coverage as provided in Section 61-24D-12 NMSA 1978;
(5) have completed at least eighty hours of classroom training, the content of which shall be established by rule of the board;
(6) pass an approved examination and any additional New Mexico-specific licensing examinations as prescribed by the board; and
(7) have completed at least eighty hours of field training, or its equivalent, as determined by the board.
B. Paragraphs (5) and (7) of Subsection A of this section shall not apply to a person who has:
(1) worked as a home inspector in each of the twenty-four months immediately preceding the effective date of the Home Inspector Licensing Act; and
(2) performed at least one hundred home inspections for compensation in the twenty-four months immediately preceding the effective date of the Home Inspector Licensing Act.
C. After the board's review of all information obtained by the board and submitted by the applicant as required by this section, if all of the requirements for licensure are met, the board shall issue a license to the applicant.
History:
Laws 2019, ch. 239, § 6; 2021, ch. 70, § 11; 2023, ch. 54, § 3.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, provided that an applicant for a home inspectors license shall pass an approved examination and any New Mexico-specific licensing examinations as prescribed by the New Mexico home inspectors board; and in Subsection A, Paragraph A(6), after "pass", deleted "a national home inspector licensing" and added "an approved", and after "any additional", added "New Mexico-specific".
The 2021 amendment,
effective June 18, 2021, removed proof of legal residency of the United States as a requirement for application for licensure as a home inspector; and in Subsection A, Paragraph A(2), after "eighteen years of age", deleted "and a legal resident of the United States", and in Paragraph A(4), after "Section", deleted "12 of the Home Inspector Licensing Act" and added "61-24D-12 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-7 - Fingerprints; criminal background checks.

A. All applicants for licensure shall:
(1) provide fingerprints to the department of public safety to permit a national criminal background check and to conduct a state background check; and
(2) have the right to inspect records if the applicant's licensure is denied.
B. Records obtained by the board pursuant to the provisions of this section shall not be disclosed except as provided by law. The board is authorized to use criminal history records obtained from the federal bureau of investigation and the department of public safety to conduct background checks on applicants for certification as provided for in the Home Inspector Licensing Act.
C. Records obtained by the board pursuant to the provisions of this section shall not be used for any purpose other than for licensing purposes pursuant to the Home Inspector Licensing Act. Records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.
D. A person who releases or discloses records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2019, ch. 239, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-8 - License validity period; renewal.

A license shall be valid for a period not to exceed three years. No later than the last day of the month immediately following the licensee's birth month in the third calendar year after the license becomes effective, a licensee may renew the license by submitting a renewal application, renewal fee, proof of completion of the required continuing education as established by rule of the board and other information necessary for a state and national criminal background check. A home inspection performed based on an expired license shall be deemed a violation of the Home Inspector Licensing Act.
History:
Laws 2019, ch. 239, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-9 - Licensee; continuing education requirement.

The board shall adopt rules providing for continuing education programs that offer courses in home inspection practices and techniques. The rules shall require that a home inspector, as a condition of license renewal, shall successfully complete a minimum of sixty classroom hours of board-approved instruction every three years.
History:
Laws 2019, ch. 239, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-10 - License recognition; reciprocity.

A. The board may issue a license to a foreign home inspector; provided that the applicant's resident state license requirements are the same as or similar to the requirements set forth in the Home Inspector Licensing Act as determined by the board. In the event that the state requirements for licensing a home inspector are not substantially similar to the provisions of the Home Inspector Licensing Act, or if the requirements cannot be verified, a foreign home inspector may be issued a license in accordance with Section 6 [61-24D-6 NMSA 1978] of that act.
B. The board may negotiate agreements with other states or licensing jurisdictions to allow for reciprocity regarding licensure. A license granted pursuant to a reciprocity agreement shall be issued upon payment by the applicant of the application fee and verification that the applicant has complied with the licensing jurisdiction's requirements, including continuing education requirements. The applicant shall provide to the board documentation necessary to demonstrate that the applicant currently holds a license in good standing in the licensing jurisdiction.
History:
Laws 2019, ch. 239, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-11 - Denial, suspension or revocation of a license.

A. The board may deny issuance of a license or may suspend, revoke, limit or condition a license if the applicant or licensee is convicted of a felony or misdemeanor, provided that the denial, suspension or revocation is in accordance with the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978]; has by false or fraudulent representations obtained a license; or in performing or attempting to perform any of the activities covered by the provisions of the Home Inspector Licensing Act, the applicant or licensee has:
(1) made a substantial misrepresentation;
(2) violated any of the provisions of the Home Inspector Licensing Act or any rule of the board;
(3) offered or delivered compensation, inducement or reward to the owner of the inspected property or to the broker or the agent for the referral of any business to the home inspector or the home inspector's company;
(4) had a license to perform home inspections revoked, suspended, denied, stipulated or otherwise limited in any state, jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts proscribed in this subsection;
(5) failed to furnish the board, its investigators or its representatives with information requested by the board in the course of an official investigation; or
(6) performed or offered to perform for an additional fee any repair to a structure on which the home inspector or the home inspector's company has prepared a report at any time during the twelve months immediately prior to the repair or offer to repair, except that a home inspection company that is affiliated with or that retains a home inspector does not violate this paragraph if the home inspection company performs repairs pursuant to a claim made pursuant to the terms of a home inspection contract.
B. Disciplinary proceedings conducted by the board may be instituted by sworn complaint by any person, including a board member, and shall conform to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
C. All licensing, revocation and suspension proceedings conducted by the board shall be governed by the provisions of the Uniform Licensing Act.
History:
Laws 2019, ch. 239, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-12 - Insurance requirements.

A. All licensees and their employers shall carry at all times errors and omissions insurance and professional liability insurance to cover all activities contemplated pursuant to the provisions of the Home Inspector Licensing Act.
B. In addition to the powers and duties granted to the board pursuant to the provisions of Section 3 [61-24D-3 NMSA 1978] of the Home Inspector Licensing Act, the board may adopt rules that establish the minimum terms and conditions of coverage, including limits of coverage and permitted exceptions. If adopted by the board, the rules shall require every applicant for a license and licensee who applies for renewal of a license to provide the board with satisfactory evidence that the applicant or licensee has errors and omissions insurance coverage and professional liability insurance coverage that meet the minimum terms and conditions required by board rule.
C. The board is authorized to solicit sealed, competitive proposals from insurance carriers to provide a group errors and omissions insurance policy and a professional liability insurance policy that comply with the terms and conditions established by board rule. The board may approve one or more policies that comply with the board rules.
D. Licensees shall not be required to contract with the group policy provider. Licensees may satisfy any requirement for errors and omissions insurance coverage and professional liability insurance coverage by purchasing an individual policy that is consistent with standards established by the board.
History:
Laws 2019, ch. 239, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-13 - Fees.

In addition to any fees to cover reasonable and necessary administrative expenses, the board shall establish, charge and collect:
A. an initial application fee, no less than two hundred fifty dollars ($250);
B. a state and national criminal background check fee, not to exceed one hundred dollars ($100);
C. except as provided in Section 61-1-34 NMSA 1978, a three-year license fee, no less than one thousand dollars ($1,000);
D. a reactivation fee, not to exceed two hundred dollars ($200);
E. a reinstatement fee, not to exceed two hundred dollars ($200); and
F. a fee for each duplicate license issued because a license is lost or destroyed, not to exceed fifty dollars ($50.00); provided that an affidavit attesting to the loss or destruction of the license shall be required before issuance of a duplicate license.
History:
Laws 2019, ch. 239, § 13; 2020, ch. 6, § 54.
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 in Subsection C, added "except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-14 - Advertising.

The term "licensed home inspector" along with the license number of the home inspector shall appear on all advertising, correspondence and documents incidental to the business of home inspection, including the pre-inspection agreement and the report.
History:
Laws 2019, ch. 239, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-15 - Home inspector fund created; deposits; method of payment.

A. There is created in the state treasury the "home inspector fund" to be administered by the board. All fees received by the board pursuant to the Home Inspector Licensing Act shall be deposited with the state treasurer to the credit of the home inspector fund. Income earned on investment of the fund shall be credited to the fund.
B. Money in the home inspector fund is appropriated to the board to meet necessary expenses incurred in the enforcement of the provisions of the Home Inspector Licensing Act, in carrying out the duties imposed by the Home Inspector Licensing Act and for the promotion of education and standards for home inspectors in the state. Payments out of the home inspector fund shall be on vouchers issued and signed by the person designated by the board upon warrants drawn by the department of finance and administration.
C. All unexpended or unencumbered balances remaining at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2019, ch. 239, § 15.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-16 - Civil and criminal penalties; injunctive relief.

A. A person who engages in the business or acts in the capacity of a home inspector within New Mexico without a license issued by the board or pursuant to the Home Inspector Licensing Act is guilty of a misdemeanor.
B. If a person is engaged or has engaged in any act or practice violative of a provision of the Home Inspector Licensing Act, the attorney general or the district attorney of the judicial district in which the person resides or in which the violation is occurring or has occurred may maintain an action in the name of the state to prosecute the violation or to enjoin the act or practice.
C. Notwithstanding a provision of the Home Inspector Licensing Act to the contrary, the board may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation of the Home Inspector Licensing Act and may assess administrative costs for any investigation or administrative or other proceedings against a home inspector or against a person who is found, through an administrative proceeding, to have acted as a home inspector without a license. Appeals from decisions of the board shall be made as provided in Section 39-3-1.1 NMSA 1978.
History:
Laws 2019, ch. 239, § 16.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 25 - Massage Practitioners (Repealed.) › Section 61-25-1 to 61-25-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 241, § 35, repealed 61-25-1 to 61-25-14 NMSA 1978, relating to the regulation of massage practitioners, effective April 8, 1981.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 26 - Polygraphers (Repealed.) › Section 61-26-1 to 61-26-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 212, § 23A repealed 61-26-1 to 61-26-15 NMSA 1978, as enacted or amended by Laws 1973, ch. 28, §§ 1 to 11 Laws 1974, ch. 78, § 32, and Laws 1989, ch. 152, § 1 to 12, regulating polygraphers, effective July 1, 1993. For present comparable provisions,
see
Chapter 61, Article 27A NMSA 1978.
Laws 1989, ch. 152, § 13 had previously repealed 61-26-13 NMSA 1978, as enacted by Laws 1979, ch. 75, § 7, relating to transfer of appropriations and property of former polygraphy board, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27 - Private Investigators (Repealed.) › Section 61-27-1 to 61-27-49 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 212, § 23B repealed 61-27-1 to 61-27-49 NMSA 1978, as enacted by Laws 1965, ch. 247, §§ 1 to 49 and amended by Laws 1971, ch. 226 §§ 1 to 7 and Laws 1973, ch. 55, § 1, regulating private investigators, effective July 1, 1993. For present comparable provisions,
see
Chapter 61, Article 27A NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-1 - Recompiled.

History:
Laws 1993, ch. 212, § 1; 2000, ch. 4, § 15; 1978 Comp., § 61-27A-1 recompiled as § 61-27B-1 by Laws 2007, ch. 115, § 1.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 was recompiled by the compiler as Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-1 NMSA 1978 was recompiled as § 61-27B-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-2 - Recompiled.

History:
Laws 1993, ch. 212, § 2; 1999, ch. 272, § 32; 1978 Comp., § 61-27A-2 recompiled as § 61-27B-2 by Laws 2007, ch. 115, § 2.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-2 NMSA 1978 was recompiled as § 61-27B-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-3 - Recompiled.

History:
Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-3 recompiled as § 61-27B-3 by Laws 2007, ch. 115, § 3.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-3 NMSA 1978 was recompiled as § 61-27B-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-4 - Recompiled.

History:
Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-4 recompiled as § 61-27B-4 by Laws 2007, ch. 115, § 3.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-4 NMSA 1978 was recompiled as § 61-27B-4 NMSA 1978.