reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-23 - Penalties. (Repealed effective July 1, 2026.)

Each of the following constitutes a misdemeanor punishable upon conviction by a fine of less than one thousand dollars ($1,000) or by imprisonment in the county jail for less than one year, or both, in the discretion of the court:
A. the violation of any of the provisions of the Barbers and Cosmetologists Act [61-17A-1 NMSA 1978] or a violation of any regulation promulgated pursuant to that act;
B. obtaining or attempting to obtain a license for money other than the required fee or for any other thing of value or by fraudulent misrepresentations; or
C. practicing or attempting to practice by fraudulent misrepresentations.
History:
Laws 1993, ch. 171, § 23.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Bribery §§ 4 to 7.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-24 - Criminal offender's character evaluation. (Repealed effective July 1, 2026.)

The provisions of the Criminal Offender Employment Act [28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Barbers and Cosmetologists Act [61-17A-1 NMSA 1978].
History:
Laws 1993, ch. 171, § 24.
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-25 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)

The board of barbers and cosmetologists 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 Barbers and Cosmetologists Act until July 1, 2026. Effective July 1, 2026, the Barbers and Cosmetologists Act is repealed.
History:
Laws 1993, ch. 171, § 27; 1997, ch. 218, § 16; 2001, ch. 100, § 1; 2005, ch. 208, § 15; 2013, ch. 166, § 4; 2019, ch. 168, § 2.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, extended the termination date for the board of barbers and cosmetologists; 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 2001 amendment,
effective July 1, 2001, extended the life of the board of barbers and cosmetologists by changing the termination date of the board from July 1, 2001 to July 1, 2005 and delaying the repeal of the Barbers and Cosmetologists Act from July 1, 2002 to July 1, 2006.
The 1997 amendment
substituted "July 1, 2001" for "July 1, 1998" in the first sentence and substituted "July 1, 2002" for "July 1, 1999" in the second and third sentences. 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 17B - Body Art Safe Practices Act › Section 61-17B-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 17B NMSA 1978 may be cited as the "Body Art Safe Practices Act".
History:
Laws 2007, ch. 181, § 1; 2015, ch. 129, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Body Art Safe Practices Act from "Sections 1 through 14 of this act" to "Chapter 61, Article 17B NMSA 1978".
Temporary provisions.
— Laws 2015, ch. 129, § 10 provided:
A. On July 1, 2015:
(1) all personnel and all money, appropriations, records, furniture, equipment, supplies and other property that belonged or were allocated to the board of barbers and cosmetologists for use in connection with the implementation of the Body Art Safe Practices Act are transferred to the board of body art practitioners;
(2) all money that is in the barbers and cosmetologists fund that was paid into the fund pursuant to the Body Art Safe Practices Act or regulations promulgated pursuant to that act shall be transferred to the body art practitioners fund;
(3) all existing contracts, agreements and other obligations that relate to the Body Art Safe Practices Act or the board of barbers and cosmetologists work pursuant to that act shall be binding on the board of body art practitioners;
(4) all pending court cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the board of barbers and cosmetologists that relate solely to the implementation of the Body Art Safe Practices Act shall be unaffected and shall continue in the name of the board of body art practitioners. Pending legal or administrative proceedings described in this paragraph that relate to the board of barbers and cosmetologists and to the implementation of the Body Art Safe Practices Act shall be unaffected, but the board of body art practitioners shall be joined as a party;
(5) all rules, orders and other official acts of the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall continue in effect until amended, replaced or repealed by the board of body art practitioners; and
(6) references in the law, rules and orders to the board of barbers and cosmetologists in connection with the Body Art Safe Practices Act shall be deemed references to the board of body art practitioners.
B. Licenses that were issued before the effective date of this act by the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall remain in effect until the license expires or is renewed or reissued by the board of body art practitioners.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-2 - Purpose. (Repealed effective July 1, 2028.)

The purpose of the Body Art Safe Practices Act is to provide a safe and healthy environment for the administration of body art.
History:
Laws 2007, ch. 181, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-3 - Definitions. (Repealed effective July 1, 2028.)

As used in the Body Art Safe Practices Act:
A. "board" means the board of body art practitioners;
B. "body art" means tattooing, body piercing or scarification but does not include practices that are considered medical procedures by the New Mexico medical board;
C. "body art establishment" means a fixed or mobile place where body art is administered on the premises;
D. "body artist" means a person who administers body piercing, tattooing or scarification;
E. "body piercing" means to cut, stab or penetrate the skin to create a permanent hole or opening;
F. "equipment" means machinery used in connection with the operation of a body art establishment, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and other apparatuses and appurtenances;
G. "instruments used for body art" means hand pieces, needles, needle bars and other items that may come into contact with a person's body during the administration of body art;
H. "operator" means the owner in charge of a body art establishment;
I. "scarification" means cutting into the skin with a sharp instrument or branding the skin with a heated instrument to produce a permanent mark or design on the skin;
J. "sharps" means any sterilized object that is used for the purpose of penetrating the skin or mucosa, including needles, scalpel blades and razor blades;
K. "single use" means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves;
L. "sterilization" means destruction of all forms of microbiotic life, including spores; and
M. "tattooing" means the practice of depositing pigment, which is either permanent, semipermanent or temporary, into the epidermis using needles by someone other than a state-licensed physician or a person under the supervision of a state-licensed physician and includes permanent cosmetics, dermography, micropigmentation, permanent color technology and micropigment implantation.
History:
Laws 2007, ch. 181, § 3; 2015, ch. 129, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, replaced the board of barbers and cosmetologists with "the board of body art practitioners" in the meaning of "board" in the definitions section of the Body Art Safe Practices Act; in Subsection A, after "the board of", deleted "barbers and cosmetologists" and added "body art practitioners".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-4 - Issuance of a body art license. (Repealed effective July 1, 2028.)

The board has authority to issue a body art license to a body artist who has demonstrated the ability to perform body art and who conforms with the board's rules with respect to safety, sterilization and sanitation and a body art operator license to an operator who conforms with the board's rules.
History:
Laws 2007, ch. 181, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-6 - Inspection by board. (Repealed effective July 1, 2028.)

A. The board shall annually inspect body art establishments to determine compliance with the Body Art Safe Practices Act. An operator or body artist shall allow a board official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and copy records of the body art establishment. The operator or body artist shall be given an opportunity to accompany the board official on the inspection and to receive a report of the inspection within fourteen days after the inspection.
B. Refusal to allow an inspection is grounds for suspension or revocation of the license of the operator or body artist, provided that the board official tendered proper identification prior to the refusal.
History:
Laws 2007, ch. 181, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-7 - Exemptions. (Repealed effective July 1, 2028.)

A. A person who pierces only the outer perimeter of the ear, not including any cartilage, using a pre-sterilized encapsulated single use stud ear piercing system, implementing appropriate procedures, is exempt from the requirements of the Body Art Safe Practices Act.
B. A member of a federally recognized tribe, band, nation or pueblo who performs scarification rituals for religious purposes is exempt from the requirements of the Body Art Safe Practices Act.
History:
Laws 2007, ch. 181, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-8 - Sterile procedures and sanitation. (Repealed effective July 1, 2028.)

The board shall establish by rule requirements for:
A. the use and disposal of equipment and instruments; provided that:
(1) all sharps shall be sterilized prior to use;
(2) single use items shall not be used on more than one client for any reason; and
(3) all body art stencils shall be single use and disposable;
B. the sterilization or sanitation of non-disposable items;
C. the prohibition of off-site sterilization; and
D. procedures to control disease borne by contact with customer or body artist skin mucosa.
History:
Laws 2007, ch. 181, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-9 - Immediate suspension. (Repealed effective July 1, 2028.)

The board may suspend a license immediately without prior notice to the holder of the license if it determines, after inspection, that conditions within a body art establishment present a substantial danger of illness, serious physical harm or death to customers who might patronize a body art establishment. A suspension action taken pursuant to this section is effective when communicated to the operator or body artist. Suspension action taken pursuant to this section shall not continue beyond the time that the conditions causing the suspension cease to exist, as determined by a board inspection at the request of the operator or body artist. A license holder may request an administrative hearing, as provided by Section 5 [61-17B-5 NMSA 1978] of the Body Art Safe Practices Act, if the board does not lift an immediate suspension within ten days.
History:
Laws 2007, ch. 181, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-10 - Judicial review. (Repealed effective July 1, 2028.)

An applicant denied a license or an operator or body artist whose license is suspended or revoked by the board may appeal pursuant to Section 39-3-1.1 NMSA 1978.
History:
Laws 2007, ch. 181, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-11 - Enforcement. (Repealed effective July 1, 2028.)

A. The board may seek relief in district court to enjoin the operation of a body art establishment or the practice of a body artist not in compliance with the Body Art Safe Practices Act.
B. The district court may impose a civil penalty not exceeding five hundred dollars ($500) for a violation of the Body Art Safe Practices Act. Each violation of the provisions of the Body Art Safe Practices Act constitutes a separate offense.
C. The board may promulgate rules imposing a schedule of penalties for violations of the Body Art Safe Practices Act. Except as provided in Subsection D of this section, no penalty shall exceed one hundred fifty dollars ($150).
D. Penalties for the following violations shall not exceed one thousand dollars ($1,000):
(1) obtaining or attempting to obtain a license by fraudulent misrepresentation;
(2) willfully falsifying by oath or affirmation information required pursuant to the Body Art Safe Practices Act; or
(3) practicing or attempting to practice under an assumed name or by fraudulent misrepresentation.
History:
Laws 2007, ch. 181, § 11; 2013, ch. 162, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, added penalties; in the title, added "penalties"; in Subsection C, in the second sentence, at the beginning of the sentence, deletes "provided that" and added "Except as provided in Subsection D of this section", and after "no penalty", deleted "exceeds" and added "shall exceed"; and added Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-12 - Repealed.

History:
Laws 2007, ch. 181, § 12; repealed by Laws 2015, ch. 129, § 11.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 129, § 11 repealed 61-17B-12 NMSA 1978, as enacted by Laws 2007, ch. 181, § 12, relating to the use of barbers and cosmetologists fund, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-13 - Municipalities. (Repealed effective July 1, 2028.)

The Body Art Safe Practices Act provides minimum standards for safe body art practices. A municipality may by ordinance provide more stringent standards.
History:
Laws 2007, ch. 181, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
Effective dates.
— Laws 2007, ch. 181 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-14 - Repealed.

History:
Laws 2007, ch. 181, § 14; repealed by Laws 2015, ch. 129, § 11.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 129, § 11 repealed 61-17B-14 NMSA 1978, as enacted by Laws 2007, ch. 181, § 14, relating to the promulgation of rules, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-15 - Board created; membership. (Repealed effective July 1, 2028.)

A. The "board of body art practitioners" is created. The board is administratively attached to the regulation and licensing department and consists of five members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appointment, the governor shall appoint members to abbreviated terms to allow for the terms of subsequent appointments to be staggered. Vacancies shall be filled in the manner of the original appointment.
B. Of the five members of the board, two shall be licensed pursuant to the Body Art Safe Practices Act and shall have at least five years' practical experience in their occupations. Of those two, one member shall be an operator and one member shall be a body artist. The remaining three members shall be public members. The public members shall not have ever been licensed pursuant to the provisions of the Body Art Safe Practices Act or similar prior legislation or have a financial interest in a body art establishment.
C. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
D. The board shall elect from among its members a chair and such other officers as it deems necessary. The board shall meet at the call of the chair, not less than two times each year. A majority of members currently serving constitutes a quorum for the conduct of business.
E. A board member shall not serve more than two full consecutive terms, and a member who fails to attend three meetings shall automatically be recommended for removal unless the member's absence is excused for reasons set forth by board rule.
History:
Laws 2015, ch. 129, § 6; 2019, ch. 245, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2019 amendment,
effective April 4, 2019, revised the composition of the board of body art practitioners; in Subsection B, after "Of the five members of the board,", deleted "four" and added "two", after "Of those", deleted "four, two members" and added "two, one member", after "shall be an operator and", deleted "two members" and added "one member", and after "The remaining", deleted "one member" and added "three members".
Temporary provisions.
— Laws 2019. ch. 245, § 3 provided that on or after April 4, 2019, the governor shall appoint two public members to serve on the board, one of whom shall replace one operator member and one of whom shall replace one body artist member so that the board shall be composed of three public members and two members licensed pursuant to the Body Art Safe Practices Act. The terms of the members shall remain staggered.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-16 - Board powers and duties. (Repealed effective July 1, 2028.)

A. The board shall:
(1) in conjunction with the department of health, promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] necessary to implement the provisions of the Body Art Safe Practices Act;
(2) establish fees;
(3) establish standards and provide for the issuance of new and renewal operator and body artist licenses to applicants;
(4) adopt a seal;
(5) furnish copies of rules and sanitation and sterilization requirements promulgated by the board to each operator of a body art establishment;
(6) keep a record of its proceedings, a register of applicants for licensure and a register of licensed operators and body artists;
(7) issue cease and desist orders to persons who violate the provisions of the Body Art Safe Practices Act or rules promulgated pursuant to that act; and
(8) deny, suspend or revoke a license or undertake any other disciplinary action in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
B. The board may establish continuing education or other requirements for licensure.
C. A member of the board, its employees or agents may enter and inspect a body art establishment at any time during regular business hours for the purpose of determining compliance with the Body Art Safe Practices Act.
History:
Laws 2015, ch. 129, § 8; 2022, ch. 39, § 81.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the board of body art practitioners 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; and in Subsection A, Paragraph A(1), after "promulgate rules", added "in accordance with the State Rules Act", and added Paragraph A(8).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-17 - Body art practitioners fund created. (Repealed effective July 1, 2028.)

The "body art practitioners fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations; license fees and charges that are imposed by the board; and money otherwise accruing to the fund. Money in the fund is appropriated to the board for the purpose of carrying out the provisions of the Body Art Safe Practices Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the chair of the board or the chair's authorized representative. Any balance remaining in the fund at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2015, ch. 129, § 7; 2022, ch. 39, § 82.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, provided that the body art practitioners fund may also consist of gifts, grants and donations, and eliminated the depositing of fines in the body art practitioners fund; and after "The fund consists of appropriations", added "gifts, grants and donations", after "charges", deleted "and fines", and after "imposed by the board", deleted "and that shall be deposited into the fund".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-18 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The board of body art practitioners is terminated on July 1, 2027 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Body Art Safe Practices Act until July 1, 2028. Effective July 1, 2028, the Body Art Safe Practices Act is repealed.
History:
Laws 2015, ch. 129, § 9; 2022, ch. 39, § 83.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, changed "July 1, 2021", to "July 1, 2027", and changed "July 1, 2022" to "July 1, 2028".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18 - Collection Agencies (Repealed.) › Section 61-18-1 to 61-18-67 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 252, § 34 repealed former 61-18-1 to 61-18-67 NMSA 1978, as enacted by Laws 1957, Chapter 218, Laws 1974, Chapter 78, Laws 1978, Chapter 11, and Laws 1979, Chapter 27 and as amended by Laws 1961, Chapter 49, Laws 1973, Chapter 338, Laws 1974, Chapter 78, Laws 1977, Chapter 245,. Laws 1977, Chapter 306, and Laws 1978, Chapter 11, relating to collection agencies, effective July 1, 1987. For present comparable provisions,
see
61-18A-1 to 61-18A-33 NMSA 1978.
Laws 1987, ch. 298, § 10 purported to amend 61-18-61 NMSA 1978, but, due to the prior 1987 repeal, that amendment was not given effect.
Laws 1987, ch. 292, § 14 purported to amend 61-18-64 NMSA 1978, but, due to the prior 1987 repeal, that amendment was not given effect.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-4 - Rules; violations.

A. The director shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce those rules as are reasonable or necessary for the examination and licensing of collection agencies, repossessors, managers and solicitors, for the conduct of such persons and for the general enforcement of the various provisions of the Collection Agency Regulatory Act in the protection of the public.
B. The violation of any provisions of the Collection Agency Regulatory Act or of rules promulgated by the director is sufficient ground for revocation of a license or for other disciplinary action as provided in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
C. A provision of the Collection Agency Regulatory Act imposing a liability shall not apply to an act done or omitted in good faith in conformity with a rule of the director, notwithstanding that after the act or omission has occurred, the rule is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
History:
Laws 1987, ch. 252, § 4; 2022, ch. 39, § 84.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified that the director of the financial institutions division is required to follow the provisions of the State Rules Act when promulgating rules and the provisions of the Uniform Licensing Act in disciplinary matters; in the section heading, deleted "and regulations"; in Subsection A, after "The director shall", deleted "establish" and added "promulgate rules in accordance with the State Rules Act"; and in Subsection B, after "any provisions of", deleted "that" and added "the Collection Agency Regulatory", after "rules", deleted "and regulations established" and added "promulgated", and after "other disciplinary action", added "as provided in the Uniform Licensing Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-5 - Unlawful to conduct collection agency or engage in the business of a repossessor without license.

A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from another of any claim or advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained the licenses required by the Collection Agency Regulatory Act.
B. No person shall conduct within this state the business of a repossessor without having first applied for and obtained a repossessor's license.
C. No person shall be considered to be engaged in collection activity within this state if that person's activities regarding this state are limited to collecting debts not incurred in New Mexico from debtors located in this state by means of interstate communications, including telephone, mail or facsimile transmission, from the person's location in another state.
History:
Laws 1987, ch. 252, § 5; 1993, ch. 213, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added Subsection C.
Violations of federal law.
— A debt collection agency violated provisions of the federal Fair Debt Collection Practices Act by engaging in collection activity in New Mexico without a license.
Russey v. Rankin
, 911 F. Supp. 1449 (D.N.M. 1995).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-6 - Penalty for violations.

A. In addition to any other penalty, any person or any officer or director of any partnership, corporation or association conducting business as a collection agency or repossessor without first having been licensed pursuant to the Collection Agency Regulatory Act or who carries on such business after the revocation or expiration of any license which the director has refused to renew, is guilty of a fourth degree felony.
B. Any person violating any other provision of that act is guilty of a misdemeanor.
History:
Laws 1987, ch. 252, § 6.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-7 - Application for license.

A. Application for a collection agency license, repossessor's license or manager's license shall be made to the director in such form as may be required by the director.
B. Applicants for an original license issued pursuant to the Collection Agency Regulatory Act for the period beginning July 1, 2020 and ending December 31, 2020 shall pay an amount equal to one-half of the original license fee for the applicable license as established pursuant to Section 61-18A-30 NMSA 1978.
C. Applicants for renewal of a license issued pursuant to the Collection Agency Regulatory Act with an expiration date of June 30, 2020 may apply for renewal of the license for the period beginning July 1, 2020 and ending December 31, 2020 and shall pay an amount equal to one-half of the renewal license fee for the applicable license as established pursuant to Section 61-18A-30 NMSA 1978.
D. Applicants for all licenses issued pursuant to the Collection Agency Regulatory Act beginning on or after January 1, 2021, and ending at the conclusion of the calendar year for which the license may be issued, shall pay an amount equal to the applicable original or renewal license fee as established pursuant to Section 61-18A-30 NMSA 1978.
History:
Laws 1987, ch. 252, § 7; 1993, ch. 213, § 2; 2019, ch. 144, § 27.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2019 amendment,
effective July 1, 2019, revised certain licensing procedures for licenses required by the Collection Agency Regulatory Act; added new subsection designation "A.", and added new Subsections B through D.
The 1993 amendment,
effective June 18, 1993, inserted "or" and deleted "and solicitor's license" following "manager's license".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-8 - Applications; required information.

A. The application for a collection agency license shall state, among other things that may be required, the name of the applicant together with the name under which the applicant will do business and the location by street number and city in this state of the office of the business for which the license is sought.
B. The application shall state:
(1) in the case of an individual, the full residence address of the applicant;
(2) in the case of a partnership, the true names and complete residence addresses of all partners;
(3) in the case of a corporation, the true names and complete residence addresses of all directors and officers and the true names and residence addresses of all holders of ten percent or more of the corporation's outstanding stock and other securities and the number of shares or units of each and of all classes held by each and the total number of shares or units of each class issued and outstanding; and
(4) in the case of a nonstock corporation or an unincorporated association, the true names and complete residence addresses of all officers, directors and trustees.
C. The application shall state the name of the licensed manager who will be actively in charge of the collection agency for which the license is sought.
D. The director may establish, by rule, regulation or order, requirements for a license application as necessary, including:
(1) background checks for criminal history through fingerprint or other databases;
(2) civil or administrative records;
(3) credit history; and
(4) other information as deemed relevant and necessary by the director.
History:
Laws 1987, ch. 252, § 8; 2019, ch. 144, § 28.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, authorized the director of the financial institutions division of the regulation and licensing department to establish certain requirements for a license application, and made certain technical amendments; added new subsection designations "B" and "C"; in Subsection B, added new paragraph designations "(1)" through "(4)"; and added Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-9 - Financial statement.

The application for a collection agency license shall be accompanied by a financial statement of the applicant up to not more than sixty days prior to date of application for a new license or renewal, showing the assets and liabilities of the applicant and truly reflecting that that applicant's net worth is not less than the sum of ten thousand dollars ($10,000), and that its liquid assets are not less than one thousand dollars ($1,000) available for use in licensee's business. The financial statement shall be sworn to by the applicant, if the applicant is an individual or by a partner, director, manager or trustee in its behalf, if the applicant is a partnership, corporation or unincorporated association. The information contained in the financial statement shall be confidential and not a public record.
History:
Laws 1987, ch. 252, § 9.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-10 - Manager's license and examination.

A. An applicant for a manager's license shall be examined concerning his competency, experience and knowledge of law and regulations by the director and on such pertinent subjects as the director shall require.
B. Examinations shall be practical in character and of such length, scope and character as the director deems necessary to determine the fitness of applicants to engage in the general collection agency business. Both questions and answers shall be in the English language.
C. The director shall prepare or cause to be prepared all examination material. The number and character of the questions, examination procedure, method of grading and the passing grade to be attained by successful applicants shall be determined by the director.
D. The examination papers of any person shall be kept for a period of one year and may then be destroyed. The examination papers shall be open to inspection during the one-year period only by the director, the staff of the financial institutions division of the regulation and licensing department and by the applicant or by someone appointed by the latter to inspect them, or by a court of competent jurisdiction in a proceeding where the contents of the papers are properly involved.
History:
Laws 1987, ch. 252, § 10.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-11 - Qualification of manager applicants.

The licensed manager to be actively in charge of a collection agency shall:
A. have reached the age of majority;
B. not have been convicted of a felony or crime involving moral turpitude;
C. be a graduate of a high school or provide proof to the director that the licensed manager is possessed of the equivalent of a high school education;
D. pass the examination required;
E. pay the examination fee to the director;
F. have been actively and continuously engaged or employed in the collection of accounts receivable for at least two of the five years next preceding the filing of the application; and
G. have a good credit record.
History:
Laws 1987, ch. 252, § 11; 1999, ch. 272, § 30; 2021, ch. 70, § 10.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed United States citizenship as a qualification for a licensed manager of a collection agency; and deleted former Subsection A and redesignated the succeeding subsections accordingly.
The 1999 amendment,
effective June 18, 1999, deleted former Subsection D, which read "have been a bona fide resident of this state continuously for at least six months prior to the date of the filing of the application", and redesignated the subsequent subsections accordingly.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-12 - Approval of applications.

No application for license shall be approved by the director unless the applicant has met all requirements of the Collection Agency Regulatory Act and any rules and regulations established thereunder. When said requirements have been met, the director shall grant and issue a license in the form provided by the Collection Agency Regulatory Act.
History:
Laws 1987, ch. 252, § 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-13 - Denial of applications.

The director may deny any license:
A. if the applicant has ever had a license or its equivalent revoked;
B. if the applicant is or was a partner, officer, director, trustee, manager or stockholder of any partnership, corporation or unincorporated association the license of which has been revoked;
C. if the applicant or a partner, officer, director, trustee, stockholder or employee of the applicant has been convicted of a felony or any crime involving moral turpitude; or
D. if the applicant has violated any provision of the Collection Agency Regulatory Act or rules and regulations established thereunder.
History:
Laws 1987, ch. 252, § 13.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-14 - License to foreign corporation or partnership.

No collection agency license shall be issued to any foreign corporation or partnership unless it has fully complied with the laws of the state of New Mexico so as to entitle it to do business in the state; provided that the foreign corporation or partnership shall establish and maintain a collection agency in New Mexico at all times during the life of any collection agency license issued to the foreign corporation or partnership. All records of the collection agency located in New Mexico shall be maintained at the collection agency's principal office in New Mexico unless the collection agency records are maintained electronically, in which case, electronic records may be maintained at a location where the collection agency regularly maintains records.
History:
Laws 1987, ch. 252, § 14; 2012, ch. 11, § 1.
ANNOTATIONS
The 2012 amendment,
effective July 1, 2012, permitted a foreign collection agency to maintain electronic records at a location where the collection agency regularly maintains records; in the first sentence, after "establish and maintain a", deleted "full time bona fide", after "during the life of any", added "collection agency", and after "license issued to", deleted "it" and added "the foreign corporation or partnership"; and in the second sentence, after "All records of the collection agency", added "located in New Mexico shall", after "maintained at the", added "collection agency's", and after "principal office in New Mexico", deleted "of such agency" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-15 - Surety bond.

A. Prior to the issuance of any collection agency or repossessor's license or renewal thereof a surety bond in the penal sum of five thousand dollars ($5,000), which may by regulation or order of the director be increased, shall be filed with the division. The bond shall run to the people of the state of New Mexico, shall be executed and acknowledged by the applicant as principal and by a corporation which is licensed by the superintendent of insurance of this state to transact the business of fidelity and surety insurance, as surety.
B. The surety bond shall provide for suit thereon by any person who has a cause of action under the Collection Agency Regulatory Act or rules and regulations established thereunder.
C. No action shall be brought upon any bond after the expiration of three years from the date of the occurrence of the act upon which a claim is based.
D. The bond shall be continuous in form and remain in full force and effect concurrently with the license and any renewals thereof unless terminated or canceled by action of the surety as provided in the Collection Agency Regulatory Act.
E. Upon the filing of thirty days' written notice with the director by any surety company of its withdrawal as the surety of any licensee, the director shall forthwith give notice to the licensee of the withdrawal which notice shall be by certified mail with request for return receipt and shall be addressed to the licensee at its main office in New Mexico as shown by the records of the director. The license of any licensee shall be void upon the termination of the bond by the surety company unless, prior to termination, a new bond has been filed with the division.
F. Should the license of any company to transact fidelity and surety insurance business in this state be canceled, revoked or otherwise terminated, all collection agency bonds for which such surety company is surety are thereupon and thereby canceled. Upon such cancellation, the license of any licensee having such a bond posted is suspended and shall remain suspended until a new and valid bond is filed, provided however that failure of any such licensee to file a new bond within thirty days after being advised by the director in writing of the necessity of doing so shall ipso facto revoke the license.
History:
Laws 1987, ch. 252, § 15.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-16 - Information to be included in collection agency license.

The license when issued shall state:
A. that it is issued pursuant to the Collection Agency Regulatory Act and the rules and regulations established thereunder and that the licensee is duly authorized to conduct business under the Collection Agency Regulatory Act;
B. the names of the owners of the licensee, if a sole proprietorship or partnership; and if a corporation, the name shall be followed by the words "a corporation";
C. the name under which the licensee is to operate;
D. the location by street number, city, county and state where the licensee is to conduct business; and
E. the number and the date of the license.
History:
Laws 1987, ch. 252, § 16.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-17 - Right granted by license.

Upon receipt of the license, the licensee has the right to conduct the business of a collection agency, repossessor, manager or solicitor with all the powers and privileges applicable thereto, contained in but subject always to all the provisions of the Collection Agency Regulatory Act and any rules and regulations established thereunder.
History:
Laws 1987, ch. 252, § 17.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-18 - Repealed.

History:
Laws 1987, ch. 252, § 18; repealed by Laws 2019, ch. 144, § 31.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 144, § 31 repealed 61-18A-18 NMSA 1978, as enacted by Laws 1987, ch. 252, § 18, relating to display of license, duration, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 18A - Collection Agencies › Section 61-18A-19 - Change of location; ownership or name; duplicate license.

A. Upon any change of street address from that stated in the collection agency or repossessor license or any change of the business name therein shown, the licensee shall, within five days thereafter, deposit the license and written notification of the change of address or name, together with the duplicate license fee with the director.
The director shall thereupon enter the change in his records, retain and file the surrendered license and issue to the licensee a duplicate license setting forth the new name or address, or both, but bearing the same date and number as the surrendered license.
If the license is not deposited with the director within the time prescribed, then upon the lapse of the five-day period the license shall be and remain suspended until so deposited.
B. Upon any change of ownership of a licensee, if a sole proprietorship or partnership, or upon any change of ownership of more than fifty percent of the shares or voting rights, if a corporation, all licenses issued to a licensee are void unless, prior to such change of ownership, the prospective new owners have notified the director of the proposed acquisition have satisfied the director that they qualify to be licensed pursuant to the Collection Agency Regulatory Act.
C. Every licensed corporation and unincorporated association shall promptly file with the director a written report of any transfer, issuance, cancellation or redemption of stock voting rights or membership amounting to ten percent or more of the total voting stock or memberships then outstanding.
History:
Laws 1987, ch. 252, § 19.