2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-10 - Duties and powers of the board. (Repealed effective July 1, 2030.)

A. The board shall administer the provisions of the Engineering and Surveying Practice Act and exercise the authority granted the board in that act. The board is the sole state agency with the power to certify the qualifications of professional engineers and professional surveyors. The board may engage such personnel, including an executive director, as it deems necessary.
B. The board may promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are reasonable for the proper performance of its duties and the regulation of its procedures, meeting records and examinations and the conduct of examinations. The board shall promulgate rules of professional responsibility for professional engineers and professional surveyors that are not exclusive to the practice of engineering or exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
C. The professional engineering committee shall promulgate rules of professional responsibility exclusive to the practice of engineering. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
D. The professional surveying committee shall promulgate rules of professional responsibility exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
E. The joint engineering and surveying standing committee has exclusive authority over practice disputes between engineers and surveyors to determine if proposed rules of professional responsibility are exclusive to the practice of engineering or exclusive to the practice of surveying so that rulemaking authority is delegated to the engineering committee or to the surveying committee. Determination of exclusive practice of engineering or surveying requires an affirmative vote by no less than three members of the joint committee. If an affirmative vote of three members cannot be achieved, the determination of exclusivity shall be made by the full board.
F. To effect the provisions of the Engineering and Surveying Practice Act, the board may, under the chair's hand and the board's seal, subpoena witnesses and compel the production of books, papers and documents in any disciplinary action conducted in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] against a licensee or a person practicing or offering to practice without licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If a person refuses to obey a subpoena so issued or refuses to testify or produce any books, papers or documents, the board may apply to a court of competent jurisdiction for an order to compel the requisite action. If a person willfully fails to comply with such an order, that person may be held in contempt of court.
G. The board may apply for injunctive relief to enforce the provisions of the Engineering and Surveying Practice Act or to restrain any violation of that act. The members of the board shall not be personally liable under this proceeding.
H. The board may subject an applicant for licensure to such examinations as it deems necessary to determine the applicant's qualifications.
I. The board shall create enforcement advisory committees composed of licensees as necessary. Each committee shall include at least four licensees in the same category as the respondent. An engineering enforcement advisory committee shall have at least one licensee in the same branch as the respondent. Enforcement advisory committees shall provide technical assistance to the board and its staff. The board shall select members from a list of volunteers submitting their resumes and letters of interest.
J. No action or other legal proceedings for damages shall be instituted against the board, a board member or an agent, an employee or a member of an advisory committee of the board for any act done in good faith and in the intended performance of any power or duty granted pursuant to the Engineering and Surveying Practice Act or for any neglect or default in the good faith performance or exercise of any such power or duty.
K. The board, in cooperation with the board of examiners for architects and the board of landscape architects, shall create a joint standing committee to be known as the "joint practice committee". In order to safeguard life, health and property and to promote the public welfare, the committee shall have as its purpose the promotion and development of the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of the committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.
L. As used in the Engineering and Surveying Practice Act, "incidental practice" shall be defined by identical rules of the board and the board of examiners for architects.
History:
Laws 1987, ch. 336, § 10; 1993, ch. 218, § 7; 1999, ch. 259, § 6; 2005, ch. 69, § 5; 2022, ch. 39, § 86.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-10 NMSA 1978, as amended by Laws 1963, ch. 43, § 25, relating to reimbursement of board members, effective June 19, 1987, and enacted a new section.
The 2022 amendment,
effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the State Rules Act when promulgating rules and to follow the provisions of the Uniform Licensing Act in disciplinary matters; in Subsection B, after "The board", deleted "shall have the power to adopt and amend all bylaws and" and added "may promulgate", after "rules", deleted "of procedure consistent with the constitution and the laws of this state" and added "in accordance with the State Rules Act"; and in Subsection F, after "in any disciplinary action", added "conducted in accordance with the Uniform Licensing Act".
The 2005 amendment,
effective June 17, 2005, provides that the board is the sole authority to certify the qualifications of professional engineers and professional surveyors' authorizes the professional engineering committee and the professional surveying committee to adopt and promulgate rules of professional responsibility exclusive to engineering and surveying respectively, and provides that the joint engineering and surveying standing committee has exclusive authority over practice disputes between engineer and surveyors to determine to determine if proposed rules of professional responsibility are exclusive to one practice or the other in order to delegate rule making authority to the proper committee.
The 1999 amendment,
effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section; added Subsection F, and redesignated subsequent subsections accordingly; substituted "board member or an agent, and employee or a member of an advisory committee" for "board member or employee" in Subsection G; and deleted "of registration for professional engineers and surveyors" following "regulations of the board" in Subsection I.
The 1993 amendment,
effective July 1, 1993, added the second sentence of Subsection A; deleted "or the Engineering and Surveying Practice Act" following "laws of this state" in the first sentence of Subsection B; substituted "examiners for architects" for "architectural examiners" and " 'joint practice committee' " for " 'architect-engineer-landscape architect joint practice committee', to resolve disputes concerning these professions" in the first sentence and added the second sentence of Subsection G; added Subsection H; and made minor stylistic changes throughout the section.