2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-26 - Denial, suspension or revocation of license or registration. (Repealed effective July 1, 2030.)

In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the department may deny, suspend or revoke a license or registration held or applied for under the Private Investigations Act or reprimand or place on probation a licensee or registrant upon grounds that the licensee, registrant or applicant:
A. made a false statement or gave false information in connection with an application for a license or registration or renewal or reinstatement of a license or registration;
B. violated a provision of the Private Investigations Act;
C. violated a rule of the department adopted pursuant to the Private Investigations Act;
D. has been convicted of a felony or any crime involving dishonesty or illegally using, carrying or possessing a deadly weapon;
E. impersonated or permitted or aided and abetted an employee of a private investigation company or private patrol company to impersonate a law enforcement officer or employee of the United States or of a state or political subdivision of either;
F. committed or permitted an employee of a private investigation company or a private patrol company to commit an act while the license or registration of the person licensed or registered pursuant to the Private Investigations Act was expired that would be cause for the suspension or revocation of a license or registration or grounds for the denial of an application for a license or registration;
G. willfully failed or refused to render to a client services or a report as agreed between the parties, for which compensation has been paid or tendered in accordance with the agreement of the parties;
H. committed assault, battery or kidnapping or used force or violence on a person without justification;
I. knowingly violated or advised, encouraged or assisted the violation of a court order or injunction in the course of business of the licensee or registrant;
J. knowingly issued a worthless or otherwise fraudulent payroll check that is not redeemed within two days of denial of payment by a bank;
K. has been chronically or persistently inebriated or addicted to the illegal use of dangerous or narcotic drugs;
L. has been adjudged mentally incompetent or insane by regularly constituted authorities;
M. while unlicensed, committed or aided and abetted the commission of any act for which a license is required under the Private Investigations Act; or
N. has been found to have violated the requirements of a state or federal labor, tax or employee benefit law or rule.
History:
Laws 1993, ch. 212, § 13; § 61-27A-13 recompiled as § 61-27B-26; Laws 2007, ch. 115, § 26.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, authorizes the department to reprimand or place on probation licensees and registrants on grounds that include dishonesty and violations of state or federal labor, tax or employee benefit law or rule.
Effect of gubernatorial pardon on eligibility for license.
— An unconditional gubernatorial pardon allows a person convicted of a felony to be eligible for licensure as a private investigator. However, if authorized by statute or regulation, a pardoned felon's character in the acts underlined the conviction may be considered in certification or licensing. 1992 Op. Att'y Gen. No. 92-09.