reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-9 - License; application; issuance.

A. Application for a license required under Section 60-14-7 NMSA 1978 for one of the classified occupations, or for a certificate of qualification of a qualifying party of a licensee other than an individual licensee, shall be submitted to the division on forms prescribed and furnished by the division. The application shall contain such information and be accompanied by such attachments as are required by regulations of the division. The forms shall be accompanied by the prescribed fee.
B. No license shall be issued by the division to any person unless the division is satisfied that he is or has in his employ a qualifying party who is qualified for the classification for which the application is made and who has satisfied the requirements of Subsection C of this section.
C. An applicant for licensure shall:
(1) demonstrate financial responsibility as required by regulations of the committee;
(2) be of good reputation;
(3) not have engaged illegally in the licensed classification that he is applying for within one year prior to making the application;
(4) demonstrate familiarity with the rules and regulations adopted by the committee concerning the classification for which application is made;
(5) if a corporation, have complied with the laws of New Mexico regarding qualifications for doing business in this state or have been incorporated in New Mexico and have and maintain a registered agent and a registered office in this state;
(6) if an individual or partnership, have maintained a residence or street address in New Mexico for at least thirty days preceding the date of application;
(7) submit proof of registration with the revenue division of the taxation and revenue department and submit a current tax identification number; and
(8) personally or through the applicant's qualifying party successfully pass an examination administered by the division in the license classification for which application is made.
History:
1953 Comp., § 67-41-9, enacted by Laws 1975, ch. 331, § 9; 1977, ch. 245, § 223; 1983, ch. 295, § 15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Licenses and Permits §§ 45 to 47.
53 C.J.S. Licenses §§ 37 to 42.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-10 - Qualifying party; examination; certificate.

A. Except as provided in Subsection C of this section, no certificate of qualification shall be issued to any individual desiring to be a qualifying party until he has passed with a satisfactory score an examination prepared, administered and graded by the division.
B. The examination where applicable shall consist of:
(1) general business knowledge, the rules and regulations of the division and committee and the provisions of the Manufactured Housing Act [this article];
(2) technical knowledge and familiarity with the prescribed codes and minimum standards, which may be prepared and administered by an employee of the division who is expert in the particular classification for which certification is sought; and
(3) general knowledge of the statutes of this state relating to the sale, exchange or lease of manufactured homes, contracts of sale, agency and brokerage.
C. If a licensee is subject to suspension by the committee for failure of the licensee to have a qualifying party in his employ, and the employment of the qualifying party is terminated without fault of the licensee, then an employee of the licensee who is experienced in the classification for which the certificate of qualification was issued and who has been employed two or more years by the licensee shall be issued without examination a temporary certificate of qualification in the classification for which the licensee is licensed. The temporary qualifying party shall be subject to passing the examination as set forth in this section within one year from the date of the temporary certificate's issuance.
D. A certificate of qualification is not transferable.
History:
1953 Comp., § 67-41-10, enacted by Laws 1975, ch. 331, § 10; 1977, ch. 245, § 224; 1983, ch. 295, § 16.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-11 - Division fees.

The division shall by regulation establish reasonable annual license fees, fees for examinations and inspection and permit fees. Fees shall be set to reflect the actual cost of licensing and regulation, and in the case of the examination they shall reflect the actual cost of preparing and administering the examination. All fees shall be paid to the state treasurer for deposit and transfer as provided in Section 9-16-14 NMSA 1978.
History:
1953 Comp., § 67-41-11, enacted by Laws 1975, ch. 331, § 11; 1977, ch. 245, § 225; 1983, ch. 295, § 17; 1987, ch. 298, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Licenses and Permits §§ 39 to 41.
Amount in controversy for purposes of jurisdiction in case involving tax or license fee, 109 A.L.R. 300.
53 C.J.S. Licenses §§ 64 to 73.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-12 - Suspension and revocation.

Any license or certificate of qualification issued by the division shall be suspended for a definite period or revoked under the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] by the committee for any of the following causes:
A. if a licensee or a qualifying party of a licensee violates any provision of the Manufactured Housing Act or any regulations adopted by the division or committee pursuant to that act;
B. false, misleading or deceptive advertising;
C. knowingly contracting or performing a service beyond the scope of the license;
D. misrepresentation of a material fact by the applicant in obtaining a license or certificate;
E. misrepresentation or omission of a material fact in any manufactured home transaction;
F. failure to comply with the warranty requirements of the Manufactured Housing Act or any regulation of the committee pursuant to those requirements;
G. failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;
H. failure by a broker or dealer to provide the buyer and the seller of a preowned manufactured home with a closing statement as required by regulation of the committee;
I. conviction of a licensee or a qualifying party of a licensee in any court of competent jurisdiction of a felony or any offense involving moral turpitude; or
J. failure by a dealer or broker in the transfer of a preowned manufactured home not owned at the time of the transaction by the dealer or broker to comply with title transfer provisions set forth by regulation of the division.
History:
1953 Comp., § 67-41-12, enacted by Laws 1975, ch. 331, § 12; 1977, ch. 245, § 226; 1983, ch. 295, § 18.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Licenses and Permits §§ 58 to 62.
53 C.J.S. Licenses §§ 50 to 62.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-13 - Transition.

The records, automobiles, field equipment, office furniture and office equipment and the records of the mobile housing commission shall be transferred to the mobile housing division on the effective date of the Commerce and Industry Department Act. The regulations and all licenses and permits currently in force under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] regarding mobile homes shall remain in force to be administered by the division under the Mobile Housing Act until replaced by regulations adopted by the division.
History:
1953 Comp., § 67-41-13, enacted by Laws 1975, ch. 331, § 13; 1977, ch. 245, § 227.
ANNOTATIONS
Commerce and Industry Department Act.
— The Commerce and Industry Department Act refers to Laws 1977, ch. 245, §§ 1 to 12, the provisions of which were compiled as 9-2-1 to 9-2-10. Laws 1983, ch. 297, § 33, repeals 9-2-1 to 9-2-13 NMSA 1978.
Mobile Housing Act.
— The Mobile Housing Act refers to Laws 1975, ch. 331, the provisions of which were compiled as 60-13-2, 60-13-10, 60-13-41, 60-13-42, 60-13-44, 60-13-46, 60-14-1, 60-14-3, 60-14-7, 60-14-9 to 60-14-15 NMSA 1978. However, Laws 1983, ch. 295, § 7, amended 60-14-1 NMSA 1978 to change the name of the Mobile Housing Act to the Manufactured Housing Act. For scope of Manufactured Housing Act, see 60-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-14 - Hearing officer.

The division or committee may designate a hearing officer to preside over and take evidence at any hearing held pursuant to the Manufactured Housing Act.
History:
1953 Comp., § 67-41-14, enacted by Laws 1975, ch. 331, § 14; 1977, ch. 245, § 228; 1983, ch. 295, § 19.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-15 - Committee and division; consumer complaints; orders; suspension; revocation.

In addition to the other duties imposed on the committee and division under the Manufactured Housing Act, the committee and division shall receive complaints from any consumer who claims to be harmed by any licensee and shall attempt to have the complaints adjusted to the reasonable satisfaction of the consumer. If the committee or division cannot secure a proper adjustment, the committee or division shall prepare a formal complaint for the consumer, and, pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the committee shall determine whether the licensee is in violation of the Manufactured Housing Act or of rules and regulations promulgated under that act. If the licensee is in violation of the Manufactured Housing Act or of the rules and regulations promulgated under that act, the committee may order him to comply, may suspend his license until such time as the licensee complies with the order of the committee or may revoke his license.
History:
1953 Comp., § 67-41-15, enacted by Laws 1975, ch. 331, § 23; 1983, ch. 295, § 20.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-16 - Repealed.

History:
Laws 1983, ch. 295, § 21; 1987, ch. 333, § 7; 1993, ch. 170, § 1; 2000, ch. 4, § 8; repealed Laws 2005, ch. 208, § 27.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 60-14-16 NMSA 1978, as enacted by Laws 1983, ch. 295, § 21, relating to termination of the manufactured housing committee and division, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-17 - Unlicensed dealers, brokers, salespersons, repairmen, manufacturers and installers; penalties.

It is unlawful for any person to act in the capacity of a dealer, broker, salesperson, repairman, manufacturer or installer within the meaning of the Manufactured Housing Act without a license required by that act. Any person who conspires with any person to violate any provision of that act requiring a dealer, broker, salesperson, repairman, manufacturer or installer to obtain a license and maintain a license in good standing is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or ten percent of the dollar value of the contracted work performed while acting in the capacity of a dealer, broker, salesperson, repairman, manufacturer or installer without having been issued a dealer's, broker's, salesperson's, repairman's, manufacturer's or installer's license, whichever is greater.
History:
1953 Comp., § 60-14-17, enacted by Laws 1979, ch. 351, § 1; 1979, ch. 400, § 1; 1983, ch. 295, § 22.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-18 - Committee or division; powers of injunctions; mandamus.

The division or committee may enforce the provisions of the Manufactured Housing Act by injunction, mandamus or any proper legal proceeding in the district court of the county in which the offense was committed.
History:
1953 Comp., § 60-14-18, enacted by Laws 1979, ch. 351, § 2; 1979, ch. 400, § 2; 1983, ch. 295, § 23.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-20 - Criminal offenders character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Manufactured Housing Act.
History:
Laws 1983, ch. 295, § 25.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-1 - Short title.

Chapter 60, Article 15 NMSA 1978 may be cited as the "Crane Operators Safety Act".
History:
Laws 1993, ch. 183, § 1; 1995, ch. 138, § 1; 2017, ch. 31, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, deleted "Hoisting" and added "Crane" prior to "Operators Safety Act".
The 1995 amendment,
effective July 1, 1995, substituted "Chapter 60, Article 15 NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-2 - Purpose.

The purpose of the Crane Operators Safety Act is to promote the general welfare and protect the lives and property of the people of New Mexico by requiring persons operating cranes to be trained and licensed when employed in construction, demolition or excavation work.
History:
Laws 1993, ch. 183, § 2; 2017, ch. 31, § 2.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, after "purpose of the", deleted "Hoisting" and added "Crane", and after "persons operating", deleted "hoisting equipment" and added "cranes".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-5 - Repealed.

History:
Laws 1993, ch. 183, § 5; Laws 1995, ch. 138, § 4; repealed Laws 2005, ch. 52, § 5.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 52, § 5 repealed 60-15-5 NMSA 1978, as enacted by Laws 1993, ch. 183, § 5, relating to license and examination, effective July 1, 2006. For provision of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-6 - Administration of act.

A. The department shall enforce and administer the provisions of the Crane Operators Safety Act.
B. The department shall adopt rules to carry out the provisions of the Crane Operators Safety Act and to meet the occupational safety and health administration crane certification requirements.
History:
Laws 1993, ch. 183, § 6; 2017, ch. 31, § 5.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, provided additional duties for the department in carrying out the provisions of the Crane Operators Safety Act; in Subsection A, after "provisions of the", deleted "Hoisting" and added "Crane"; in Subsection B, after "adopt rules", deleted "and regulations necessary", after "provisions of the", deleted "Hoisting" and added "Crane", and after "Safety Act", added "and to meet the occupational safety and health administration crane certification requirements".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-8 - License renewal.

A. A license issued pursuant to Section 60-15-7 NMSA 1978 shall be valid for two years from the date of issuance.
B. License renewal procedures shall be prescribed by the department by rule.
C. Any license not renewed by the expiration date shall be considered expired, and the licensee shall not operate a crane within the state until the license is renewed. Operating a crane with an expired license shall be considered unlicensed operation and shall subject the person who is operating the crane to the penalties as provided in the Crane Operators Safety Act.
D. The department shall adopt and promulgate rules for renewal of an expired license and may require the licensee to reapply as a new applicant.
History:
Laws 1993, ch. 183, § 8; 1995, ch. 138, § 6; 2013, ch. 76, § 3; 2017, ch. 31, § 7.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, replaced "hoisting" or "hoisting equipment" with "crane" throughout the section.
The 2013 amendment,
effective July 1, 2013, provided for renewal of licenses; prohibits a licensee whose license has expired from operating hoisting equipment until the license is renewed; provided for penalties for violations of this section; in Subsection B, after "department by", deleted "regulation" and added "rule"; deleted former Subsection C, which provided a misdemeanor penalty for operating hoisting equipment after the expiration of a license; and added Subsections C and D.
The 1995 amendment,
effective July 1, 1995, substituted "Section 60-15-7 NMSA 1978" for "Section 7 of the Hoisting Operators Safety Act" in Subsection A; in Subsection C, substituted "class I" for "first class", substituted "class II" for "second class", substituted "class III" for "third class", and substituted "less than one hundred dollars ($100) or more than three hundred dollars ($300)" for "more than five hundred dollars ($500)".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-9 - License fees.

Applicants for licensure shall pay a fee set by the department not to exceed:
A. seventy-five dollars ($75.00) for an initial license or a renewal; and
B. five dollars ($5.00) per month in late fees for failure to renew a license within the allocated time period.
History:
Laws 1993, ch. 183, § 9.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 138, § 10, repealed 60-15-10 NMSA 1978, as enacted by Laws 1993, ch. 183, § 10, creating the Hoisting Operators Fund, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-12 - Licensure denial, suspension or revocation; hearing; appeals.

The superintendent shall, before denying a license to an applicant, or revoking or suspending a license for a violation of any provision of the Crane Operators Safety Act, provide for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
Laws 1993, ch. 183, § 12; 2005, ch. 52, § 2; 2017, ch. 31, § 9.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, deleted "Hoisting" and added "Crane" prior to "Operators Safety Act".
The 2005 amendment,
effective July 1, 2006, required that before the superintendent can deny a license or revoke or suspend a license, the superintendent must provide the applicant or licensee a hearing pursuant to the Uniform Licensing Act [61-1-1 NMSA 1978].
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-13 - Civil and administrative penalties.

A. A person who engages in unlicensed operation may be assessed an administrative penalty not to exceed one thousand dollars ($1,000).
B. An employer, firm, partnership, corporation, association or other organization that knowingly violates the provisions of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000).
C. Any licensed crane operator who violates a provision of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000).
D. The department may bring an action in a court of competent jurisdiction to enforce the provisions of or to enjoin a person from violating the provisions of the Crane Operators Safety Act. If the court finds that a violation has occurred, the person who committed the violation shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act plus reasonable attorney fees and costs associated with court action.
History:
Laws 1993, ch. 183, § 13; 1995, ch. 138, § 8; 2013, ch. 76, § 5; 2017, ch. 31, § 10.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, replaced "hoisting" with "crane" throughout the section.
The 2013 amendment,
effective July 1, 2013, provided for administrative, rather than civil and criminal, penalties; in the title, deleted, "Violations; criminal"; in Subsection A, between "A person who" and "engages in unlicensed", deleted language which provided that the operation of a crane without a license was a misdemeanor, and added the remainder of the sentence; in Subsection B, between "An employer" and "firm, partnership", deleted language which provided that knowingly allows an unlicensed person to operate hoisting equipment was a misdemeanor; and added the remainder of the sentence; in Subsection C, after "may be assessed", deleted "a civil" and added "an administrative" and after "penalty not to exceed", deleted "one thousand dollars ($1,000) for each day during any portion of which a violation occurs" and added "five thousand dollars ($5,000)", and deleted former Subsection E, which provided for administrative penalties not to exceed one thousand dollars.
The 1995 amendment,
effective July 1, 1995, substituted "a hoisting operator's" for "the appropriate" and substituted "less than one hundred dollars ($100) or more than three hundred dollars ($300)" for "more than five hundred dollars ($500)" in Subsection A, substituted "An employer or his representative" for "A person" and made a minor stylistic change in Subsection B, and added Subsections C through E.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-14 - Crane operators licensure examining council; appointed.

A. The "crane operators licensure examining council" is created. The members of the council shall serve at the pleasure of the superintendent. The superintendent shall appoint at least five members to the council with consideration given to geographical representation and proportional representation of operator, contractor, labor and public members. The members of the council shall include at least:
(1) one class I crane operator;
(2) one contractor, as defined by Section 60-13-3 NMSA 1978, who employs at least one crane operator;
(3) one representative of organized labor; and
(4) two members from the public at large who are not licensed crane operators.
B. The duties of the council include:
(1) reviewing and approving the applications, qualifications and examinations of applicants for licensure as crane operators and recommending to the superintendent whether licensure should be granted based on their evaluation of the operating experience and competence of the applicants;
(2) reporting findings and recommendations from the hearings to the superintendent;
(3) proceeding according to regulations adopted by the department; and
(4) approving examinations and training programs that meet the requirements of the federal occupational safety and health administration, United States department of labor or occupational health and safety bureau of the department of environment.
History:
Laws 1993, ch. 183, § 14; 1995, ch. 138, § 9; 2005, ch. 52, § 3; 2013, ch. 76, § 6; 2017, ch. 31, § 11.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, replaced "hoisting" with "crane" throughout the section.
The 2013 amendment,
effective July 1, 2013, clarified the structure of the licensure examining council; deleted the introductory paragraph, which provided the structure of the licensure examining council; added Subsection A; and in Subsection B, added the introductory sentence and Paragraph (4).
The 2005 amendment,
effective July 1, 2006, increased the number of members to the hoisting operators licensure examining council to five members; required that the superintendent give consideration to geographical representation in the appointment of members to the council; and required that one member be a representative of organized labor and that two members be public members who are not licensed hoisting operators.
The 1995 amendment,
effective July 1, 1995, in the third sentence in the introductory paragraph substituted "class I" for "first class" and added "who employs one or more hoisting operators", and inserted "and approving" in Subsection A.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 15 - Crane Operators Safety › Section 60-15-15 - Crane Operators Safety Act fund created; purpose; appropriation.

A. The "Crane Operators Safety Act fund" is created in the state treasury. The fund shall consist of legislative appropriations to the fund; fees charged by the department pursuant to the Crane Operators Safety Act; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year.
B. The fund shall be administered by the department, and money in the fund is appropriated to the department for the purpose of carrying out the provisions of the Crane Operators Safety Act. Expenditures from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the superintendent or the superintendent's authorized representative.
History:
Laws 2005, ch. 52, § 4; 2017, ch. 31, § 12.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, replaced "hoisting" with "crane" throughout the section.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-1 - Short title.

This act [60-16-1 to 60-16-8 NMSA 1978] may be cited as the "Pecan Buyers Licensure Act".
History:
Laws 2018, ch. 47, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 1 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-2 - Definitions.

As used in the Pecan Buyers Licensure Act:
A. "buyer" means a person engaged in the business of purchasing in-shell pecans from a pecan producer and includes an accumulator, buying station, cleaning plant, sheller, dealer or broker;
B. "buying location" means a physical location where a buyer accepts in-shell pecans or a physical location where records relating to the purchase of in-shell pecans are maintained in the event the purchase of in-shell pecans is brokered;
C. "department" means the New Mexico department of agriculture, its staff or authorized agents;
D. "director" means the director of the New Mexico department of agriculture;
E. "in-shell pecan" means a pecan nut with its shell attached;
F. "license" means an in-shell pecan buyer's license issued by the department pursuant to the Pecan Buyers Licensure Act;
G. "peace officer" means a full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department that is part of or administered by the state or a political subdivision of the state;
H. "pecan producer" means a person who grows pecans; and
I. "personal identification document" means:
(1) a driver's license;
(2) a military identification card; or
(3) a passport issued by the United States or by another country and recognized by the United States.
History:
Laws 2018, ch. 47, § 2.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 2 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-3 - New Mexico department of agriculture; peace officer; powers and duties; rulemaking.

A. The department shall:
(1) establish an in-shell pecan licensing and inspection program directed at buyers of in-shell pecans;
(2) adopt rules to carry out the provisions of the Pecan Buyers Licensure Act; and
(3) collect a reasonable annual licensure fee, established in rule, but not to exceed five hundred dollars ($500).
B. The department or a peace officer may inspect buying locations and documents related to the buying and selling of in-shell pecans to determine compliance with the Pecan Buyers Licensure Act or adopted rules.
History:
Laws 2018, ch. 47, § 3.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 3 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-4 - Buyer's license requirement; application.

A. A license is required for:
(1) the purchase of in-shell pecans by a buyer; and
(2) each buying location used by a buyer.
B. On an annual basis, a buyer shall submit an application to the department for a license. The information required on the application shall be established by department rule.
C. A license shall be valid for a period of twelve months, beginning and ending on a date specified by the department.
History:
Laws 2018, ch. 47, § 4.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 4 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-5 - Duties of buyer; record of purchase.

A. A buyer shall:
(1) not purchase in-shell pecans without a valid license;
(2) comply with the provisions of the Pecan Buyers Licensure Act and adopted rules;
(3) comply with state and federal requirements related to the movement of in-shell pecans;
(4) ensure that all of the buyer's employees involved in the purchasing, receiving or shipping of in-shell pecans are trained on the provisions of the Pecan Buyers Licensure Act and adopted rules;
(5) maintain accurate and legible written records, in a form approved by the department, of the purchase of in-shell pecans that are made in the course of the buyer's business;
(6) ensure that records of the purchase of in-shell pecans are available for inspection by the department or a peace officer within forty-eight hours of the transaction; and
(7) retain records of the purchase of in-shell pecans for a minimum of two years.
B. A purchase record shall include the:
(1) location and date of the purchase;
(2) name and address of the seller;
(3) street address or physical location of the tree or the farm from where the in-shell pecans originated;
(4) identification number contained on the personal identification document of the seller;
(5) license plate number, make and model of the seller's motor vehicle; and
(6) total weight of the in-shell pecans purchased.
C. If a licensed buyer purchases in-shell pecans from another licensed buyer, the purchase record shall include the seller's name, address and telephone number, the date of origin of the in-shell pecans and the total weight of the in-shell pecans purchased.
History:
Laws 2018, ch. 47, § 5.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 5 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-6 - Exemptions.

A. The Pecan Buyers Licensure Act does not apply to:
(1) a person whose business is a grocery store, retail store, gas station or other similar operation and that conducts in-shell pecan transactions totaling less than one hundred pounds during any twelve-month period;
(2) transactions involving in-shell pecans for personal consumption totaling less than fifty pounds during any twelve-month period; and
(3) brokers or other individuals, as approved by the department, that are engaged in in-shell pecan transactions, but that do not physically receive pecan shipments within the state.
B. Additional exemptions to the licensing requirements of the Pecan Buyers Licensure Act may be granted by the director.
History:
Laws 2018, ch. 47, § 6.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 6 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-7 - Violations; revocation of license; penalty.

A. The department may revoke a license for violations of the Pecan Buyers Licensure Act or the rules or orders promulgated pursuant to that act. The department may deny a subsequent license to a person found to be in violation of the Pecan Buyers Licensure Act.
B. A person who violates the provisions of the Pecan Buyers Licensure Act, or a rule or order promulgated under that act, after a notice to cease and desist, is guilty of a penalty assessment misdemeanor, and the penalty assessment is two hundred fifty dollars ($250).
C. Each day a person remains in violation of the Pecan Buyers Licensure Act constitutes a separate offense.
History:
Laws 2018, ch. 47, § 7.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 7 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 16 - Pecan Buyers Licensure › Section 60-16-8 - Disposition of fees.

All fees collected pursuant to the Pecan Buyers Licensure Act shall be paid into the treasury of New Mexico state university and credited to the department for administration and enforcement of the Pecan Buyers Licensure Act.
History:
Laws 2018, ch. 47, § 8.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 8 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.

A. A person who is not licensed to engage in a profession or occupation regulated by a board is subject to disciplinary proceedings by the board.
B. A board may impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation against a person who, without an active license, engages in a profession or occupation regulated by the board.
History:
Laws 2003, ch. 334, § 3; 2023, ch. 190, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, raised the maximum amount for civil penalties that may be imposed by the board, and struck language authorizing the board to assess administrative costs; and in Subsection B, after "not to exceed", deleted "one thousand dollars ($1,000)" and added "ten thousand dollars ($10,000) for each violation", added "an active" preceding "license", and deleted "In addition, the board may assess the person for administrative costs, including investigative costs and the cost of conducting a hearing.".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.

A. A person licensed pursuant to provisions of Chapter 61 NMSA 1978 shall not provide conversion therapy to any person under eighteen years of age. The provision of conversion therapy in violation of the provisions of this subsection shall be grounds for disciplinary action by a board in accordance with the provisions of the Uniform Licensing Act.
B. As used in this section:
(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:
(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or
(b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;
(2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; and
(3) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
History:
Laws 2017, ch. 132, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-3.4 - Fingerprints not required for license renewal.

When a professional or occupational board requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required by law or rule of the board.
History:
Laws 2019, ch. 209, § 4; 2023, ch. 190, § 5.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, after "shall submit to a background investigation if required", added "by law or rule of the board".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-3.5 - Incomplete application; notice; expiration.

An application for licensure is considered incomplete if it is submitted on an application form missing required information or without providing required supporting documentation. If a board or a board's designee deems an application for licensure incomplete, the board or designee shall notify the applicant within thirty days from the date the application was received by the board or designee and include how the application is incomplete and what is needed to complete the application. An incomplete application expires one year from the date the application was first received by the board.
History:
Laws 2022, ch. 39, § 3; 2023, ch. 190, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified when an application for licensure is considered incomplete, specified the time period for notifying an applicant of an incomplete application, and clarified that an incomplete application expires one year from the date the application was first received by the board; added "An application for licensure is considered incomplete if it is submitted on an application form missing required information or without providing required supporting documentation."; after "within thirty days", deleted "including the way in which" and added "from the date the application was received by the board or designee and include how"; after "application is incomplete", added "and what is needed to complete the application; and after "one year", added "from the date the application was first received by the board".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-5 - Method of service.

Any notice required to be served by Section 61-1-4 or 61-1-21 NMSA 1978 and any decision required to be served by Section 61-1-14 or 61-1-21 NMSA 1978 may be served either personally or by certified mail, return receipt requested, directed to the licensee, applicant or unlicensed person at the last known address as shown by the records of the board. Unlicensed persons with no address on record with the board shall receive notice by personal service. If the notice or decision is served personally, service shall be made in the same manner as is provided for service by the Rules of Civil Procedure for the District Courts. Where the notice or decision is served by certified mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery or the last attempted delivery of the notice or decision to the addressee or refusal of the addressee to accept delivery of the notice or decision. Service of correspondence sent by a licensee, applicant or unlicensed person through other methods, including electronic mail or physical mail, should be reasonably accepted and processed by the board.
History:
1953 Comp., § 67-26-5, enacted by Laws 1957, ch. 247, § 5; 1978 Comp., § 61-1-5;1981, ch. 349, § 5; 2023, ch. 190, § 8.
ANNOTATIONS
Cross references.
— For service of process,
see
Rule 1-004 NMRA.
The 2023 amendment,
effective July 1, 2023, clarified that disciplinary action can also apply to applicants or unlicensed persons in addition to licensees, provided that unlicensed persons with no address on record with the board shall receive notice by personal service, and provided that service of electronic or other correspondence sent by a licensee, applicant or unlicensed person should be reasonably accepted by the board; after "applicant", added "or unlicensed person"; added "Unlicensed persons with no address on record with the board shall receive notice by personal service."; and added "Service of correspondence sent by a licensee, applicant or unlicensed person through other methods, including electronic mail or physical mail, should be reasonably accepted and processed by the board.".
Requirement of actual notice to licensee.
— The Uniform Licensing Act requires actual notice to be given to an individual who may lose a license, pursuant to the hearing requirements contained in the law. In that case, a public policy-making body which convenes a hearing on a licensing matter and which is subject to the provisions of the act must follow the act's specific notice tenets. In these cases, mere posting of such notice is insufficient as it affects the individual licensee. 1990 Op. Att'y Gen. No. 90-29.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 60, 61.
53 C.J.S. Licenses §§ 37, 54.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-6 - Venue of hearing.

Board hearings held pursuant to provisions of the Uniform Licensing Act shall be conducted at the election of the board in the county in which the licensee, applicant or unlicensed person maintains residence or in a county in which the act complained of occurred; except that in cases involving initial licensing, hearings shall be held in the county where the board maintains its office. In any case, however, the person whose license or application is involved or the person who performed the unlicensed act and the board may agree that the hearing is to be held in some other county or by virtual remote means.
History:
1953 Comp., § 67-26-6, enacted by Laws 1957, ch. 247, § 6; 1978 Comp., § 61-1-6; 2023, ch. 190, § 9.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified that disciplinary action can also apply to applicants or unlicensed persons in addition to licensees; after "in the county in which", deleted "the person whose license is involved" and added "the licensee, applicant or unlicensed person"; after "the person whose license", added "or application"; after "is involved", added "or the person who performed the unlicensed act"; and after "some other county", added "or by virtual remote means".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-8 - Rights of party entitled to hearing.

A. A party entitled to be heard pursuant to the provisions of the Uniform Licensing Act shall have the right to be represented by counsel; to present all relevant evidence by means of witnesses, books, papers, documents and other evidence; to examine all opposing witnesses who appear on a matter relevant to the issues; and to have subpoenas and subpoenas duces tecum issued as of right prior to the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents and other evidence upon making written request for them to the board or hearing officer. The issuance of such subpoenas after the commencement of the hearing rests in the discretion of the board or the hearing officer. All notices issued pursuant to Section 61-1-4 NMSA 1978 shall contain a statement of these rights.
B. Upon written request to another party, any party is entitled to:
(1) obtain the names and addresses of witnesses who will or may be called by the other party to testify at the hearing; and
(2) inspect and copy documents or items that the other party will or may introduce in evidence at the hearing.
C. The party to whom a request is made shall comply with the request within ten days after the service or delivery of the request. No request shall be made less than fifteen days before the hearing.
D. A party may take depositions after service of notice in accordance with the Rules of Civil Procedure for the District Courts. Depositions may be used as in proceedings governed by those rules.
History:
1953 Comp., § 67-26-8, enacted by Laws 1957, ch. 247, § 8; 1978 Comp., § 61-1-8; 1981, ch. 349, § 7; 2023, ch. 190, § 11.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified language in the section; and struck language allowing a party the right to be represented by a licensed member of the party's profession or occupation or both; substituted "person" with "party" throughout the section; in Subsection A, after "represented by counsel", deleted "or by a licensed member of his own profession or occupation or both"; and redesignated former Subsection C as Subsection D.
Section provides right to examine all opposing witnesses.
McCaughtry v. N.M. Real Estate Comm'n
, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292.
Law reviews.
— For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 60, 61.
53 C.J.S. Licenses §§ 43, 54, 58, 59.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-9 - Powers of board or hearing officer in connection with hearings.

A. In connection with any hearing held under the Uniform Licensing Act, the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for purposes of discovery and of the hearing, witnesses and relevant books, papers, documents and other evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine witnesses; and to direct a continuance of any case. Boards or hearing officers may also hold conferences before or during the hearing for the settlement or simplification of the issues, but such settlement or simplification shall only be with the consent of the party.
B. Geographical limits upon the subpoena power shall be the same as if the board or hearing officer were a district court sitting at the location at which the hearing or discovery proceeding is to take place. The method of service, including tendering of witness and mileage fees, shall be the same as that under the Rules of Civil Procedure for the District Courts, except that those rules requiring the tender of fees in advance shall not apply to the state.
C. The board or hearing officer may impose any appropriate evidentiary sanction against a party or other person who fails to provide discovery or to comply with a subpoena.
History:
1953 Comp., § 67-26-9, enacted by Laws 1957, ch. 247, § 9; 1978 Comp., § 61-1-9; 1981, ch. 349, § 8; 2023, ch. 190, § 12.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified that disciplinary action can also apply to applicants or unlicensed persons in addition to licensees; in Subsection A, after "consent of the", deleted "applicant or licensee" and added "party"; and in Subsection C, after "against a party", added "or other person".
Administrative body has only the authority given it by law.
In re Willoughby
, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498.
Granting continuance to allow discovery.
— This section allows the board to grant a prehearing continuance to assure that the licensee obtains full and complete discovery.
Molina v. McQuinn
, 1988-NMSC-060, 107 N.M. 384, 758 P.2d 798.
Law reviews.
— For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 51.
53 C.J.S. Licenses §§ 43, 58, 59.