reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-4.4 - Additional powers of commission; fingerprinting and criminal history background checks.

A. All applicants for licensure as provided for in Chapter 61, Article 29 NMSA 1978 shall:
(1) be required to provide fingerprints only upon initial licensure on two fingerprint cards for submission to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history background check;
(2) pay the cost of obtaining the fingerprints and criminal history background checks; and
(3) have the right to inspect or challenge the validity of the records resulting from the background check if the applicant is denied licensure as established by commission rule.
B. Electronic live scans may be used for conducting criminal history background checks.
C. Criminal history records obtained by the commission pursuant to the provisions of this section are confidential. The commission is authorized to use criminal history records obtained from the federal bureau of investigation and the department of public safety to conduct background checks on applicants for certification as provided for in Chapter 61, Article 29 NMSA 1978.
D. Criminal history records obtained by the commission pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.
E. A person who releases or discloses the criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2005, ch. 35, § 6; 2011, ch. 85, § 3; 2019, ch. 209, § 7.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, provided that applicants for licensure shall be required to provide fingerprints only upon initial licensure; in Subsection A, Paragraph A(1), after "provide fingerprints", added "only upon initial licensure", and after "criminal history", added "background".
The 2011 amendment,
effective July 1 2011, rewrote the section to require fingerprinting and criminal history background checks of applicants for licensure.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-5 - Organization of commission.

The commission shall organize by electing a president, vice president and secretary from its members. A majority of the commission shall constitute a quorum and may exercise all powers and duties devolving upon it and do all things necessary to carry into effect the provisions of Chapter 61, Article 29 NMSA 1978. The secretary of the commission shall keep a record of its proceedings; a register of persons licensed as associate brokers and qualifying brokers, showing the name and place of business of each and the date and number of each person's license; and a record of all licenses issued, denied, suspended or revoked. This record shall be open to public inspection at all reasonable times.
History:
1953 Comp., § 67-24-22, enacted by Laws 1959, ch. 226, § 4; 2001, ch. 163, § 2; 2005, ch. 35, § 7.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, requires the secretary of the real estate commission to keep a register of persons licensed as associate brokers and qualifying brokers.
The 2001 amendment,
effective July 1, 2001, substituted "Chapter 61, Article 29 NMSA 1978" for "this act" and "salespersons" for "salesmen".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-5.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Former 61-29-5.1 NMSA 1978, relating to a register of time share projects and applicants for certificates of registration, enacted by Laws 1986, ch. 97, § 13, has been recompiled as 47-11-11.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-6 - Meeting of the commission.

The commission shall meet at least once each quarter-year at such time and place as may be designated by the commission president, and special meetings may be held upon five days' written notice to each of the commission members by the commission president.
History:
1953 Comp., § 67-24-23, enacted by Laws 1959, ch. 226, § 5; 2005, ch. 35, § 8.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, made style changes.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-7 - Reimbursement and expenses.

Each member of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 67-24-24, enacted by Laws 1959, ch. 226, § 6; 1963, ch. 43, § 28; 1965, ch. 304, § 3; 2003, ch. 22, § 2; 2003, ch. 408, § 31.
ANNOTATIONS
2003 amendments.
— Identical amendments to this section were enacted by Laws 2003, ch. 22, § 2, effective June 20, 2003, and Laws 2003, ch. 408, § 31, effective July 1, 2003, deleting the former second and third sentences concerning the appointment of an administrator, employment of staff and purchase of supplies. The section is set out as amended by Laws 2003, ch. 408, § 31. See NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53 C.J.S. Licenses § 37.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-10.1 - Brokerage relationships; creation.

A. For all regulated real estate transactions first executed on or after January 1, 2000, no agency relationship between a buyer, seller, landlord or tenant and a brokerage shall exist unless the buyer, seller, landlord or tenant and the brokerage agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant or licensee, or created orally or by implication.
B. A brokerage may provide real estate services to a client pursuant to an express written agreement that does not create an agency relationship and no agency duties will be imposed on the brokerage.
C. A brokerage may provide real estate services to a customer without entering into an express written agreement and without creating an agency relationship and no agency duties will be imposed on the brokerage.
D. The commission shall promulgate rules governing the rights of clients or customers and the rights, responsibilities and duties of a brokerage in those brokerage relationships that are subject to the jurisdiction of the commission.
History:
Laws 1999, ch. 127, § 2; 2003, ch. 36, § 2.
ANNOTATIONS
The 2003 amendment,
effective January 1, 2004, inserted present Subsections B and C and redesignated former Subsection B as present Subsection D; in present Subsection D deleted "and responsibilities" following "governing the rights" near the beginning and substituted "a brokerage in those brokerage relationships that are subject to the jurisdiction of the commission" for "the brokerage in an agency relationship" at the end.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-10.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 36, § 4 repealed 61-29-10.3, as enacted by Laws 1999, ch. 127, § 4, relating to brokerage nonagency relationships, effective January 1, 2004. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-13 - Provision for hearing before suspension or revocation of license.

The commission shall, before suspending or revoking any license, set the matter down for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
1953 Comp., § 67-24-30, enacted by Laws 1959, ch. 226, § 12; 1979, ch. 94, § 4.
ANNOTATIONS
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 § 50 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 22, § 7 repealed 61-29-14 NMSA 1978, as enacted by Laws 1959, ch. 226, § 13, relating to nonresident brokers, effective June 20, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-15 - Maintenance of list of licensees.

The commission shall maintain a list of the names and addresses of all licensees licensed by it under the provisions of Chapter 61, Article 29 NMSA 1978, and of all persons whose license has been suspended or revoked within that year, together with such other information relative to the enforcement of the provisions of Chapter 61, Article 29 NMSA 1978 as it may deem of interest to the public. The commission shall also maintain a statement of all funds received and a statement of all disbursements, and copies of the statements shall be mailed by the commission to any person in this state upon request.
History:
1953 Comp., § 67-24-32, enacted by Laws 1959, ch. 226, § 14; 2001, ch. 163, § 10.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, substituted "Maintenance" for "Publication" in the section heading; substituted "The commission shall maintain a list" for "The commission shall, at least annually, publish"; and substituted "maintain" for "prepare" in the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 C.J.S. Brokers § 14.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-16.2 - Nonresident licensees; consent to service.

A. A nonresident licensee shall file with the commission an irrevocable consent that lawsuits and actions may be commenced against the associate broker or qualifying broker in the proper court of any county of New Mexico in which a cause of action may arise or in which the plaintiff may reside, by service on the commission of any process or pleadings authorized by the laws of New Mexico, the consent stipulating and agreeing that such service of process or pleadings on the commission is as valid and binding as if personal service had been made upon the associate broker or qualifying broker in New Mexico.
B. Service of process or pleadings shall be served in duplicate upon the commission; one shall be filed in the office of the commission and the other immediately forwarded by certified mail to the main office of the associate broker or qualifying broker against whom the process or pleadings are directed.
History:
Laws 2014, ch. 27, § 4.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-17.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Former 61-29-17.1 NMSA 1978, relating to disciplinary action by the New Mexico real estate commission concerning time share projects, enacted by Laws 1986, ch. 97, § 14, has been recompiled as 47-11-11.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-17.2 - Unlicensed activity; civil penalty; administrative costs.

The commission may impose a civil penalty on any person who is found, through a court or administrative proceeding, to have acted in violation of Chapter 61, Article 29 NMSA 1978 in an amount not to exceed one thousand dollars ($1,000) for each violation or, if the commission can so determine, in the amount of the total commissions received by the person for the unlicensed activity. The commission may assess administrative costs for any investigation and administrative or other proceedings against any such person. Any money collected by the commission under the provisions of this section shall be deposited into the real estate recovery fund.
History:
Laws 2001, ch. 163, § 11; 2011, ch. 85, § 9.
ANNOTATIONS
The 2011 amendment,
effective July 1 2011, permitted the commission to impose a civil penalty in the amount of the total commissions received for an unlicensed activity and required civil penalties to be deposited into the real estate recovery fund.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-18 - Interpretation of act.

Nothing contained in Chapter 61, Article 29 NMSA 1978 shall affect the power of cities and villages to tax, license and regulate qualifying brokers or associate brokers. The requirements hereof shall be in addition to the requirements of an existing or future ordinance of any city or village so taxing, licensing or regulating qualifying brokers or associate brokers.
History:
1953 Comp., § 67-24-35, enacted by Laws 1959, ch. 226, § 18; 2005, ch. 35, § 17.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, provides that nothing in Chapter 61, Article 29 NMSA 1978 shall affect the power of municipalities to license and regulate qualifying brokers and associate brokers.
Severability.
— Laws 1959, ch. 226, § 19, provides for the severability of the act if any part or application thereof is held invalid.
Meaning of "this act".
— See same catchline in notes to 61-29-7 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Brokers §§ 6 to 8.
53 C.J.S. Licenses §§ 10, 11.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-19 - Repealed.

History:
1953 Comp., § 67-24-36, enacted by Laws 1978, ch. 203, § 2; 1981, ch. 241, § 33; 1983, ch. 261, § 7; 1987, ch. 333, § 12; 1993, ch. 83, § 7; 1993, ch. 253, § 3; 2000, ch. 4, § 17; 2005, ch. 208, § 21; 2011, ch. 30, § 8; repealed by Laws 2011, ch. 85, § 11.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 85, § 11 repealed 61-29-19 NMSA 1978, as enacted by Laws 1978, ch. 203, § 2, relating to the termination of agency life, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
Laws 2011, ch. 30, § 8, effective June 17, 2011, also amended 61-29-19 NMSA 1978 by changing the termination, operation and repeal dates. The section was set out as repealed by Laws 2011, ch. 85, § 11.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-19.1 - Real estate education and training fund created; purpose; appropriation.

A. The "real estate education and training fund" is created in the state treasury. The fund shall consist of an initial transfer of the balance in the real estate recovery fund as provided in Subsection C of this section; legislative appropriations to the fund; fees charged by the commission for approval of real estate education sponsors, courses and instructors; 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 commission, and money in the fund is subject to appropriation by the legislature to the commission to improve real estate education and to train real estate instructors. The commission shall promulgate rules specifying the manner in which the fund shall be administered.
C. Notwithstanding the provisions of Sections 61-29-21 and 61-29-22 NMSA 1978, on July 1, 2005, the balance in excess of two hundred fifty thousand dollars ($250,000) in the real estate recovery fund shall be transferred to the real estate education and training fund.
History:
Laws 2005, ch. 35, § 20.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 35, § 21 makes the act effective January 1, 2006.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-20 - Short title.

Sections 61-29-20 through 61-29-29 NMSA 1978 may be cited as the "Real Estate Recovery Fund Act".
History:
Laws 1980, ch. 82, § 1; 2022, ch. 39, § 98.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, after "Section" changed "1 through 10 of this act" to "61-29-20 through 61-29-29 NMSA 1978".
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).
For annual survey of New Mexico Law of Property, see 20 N.M.L. Rev. 373 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 C.J.S. Brokers §§ 11, 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-21 - Fund created.

There is created in the state treasury a fund which shall be known as the "real estate recovery fund" to be administered by the real estate commission in accordance with the provisions of the Real Estate Recovery Fund Act [61-29-20 to 61-29-29 NMSA 1978]. All money received by the real estate commission pursuant to the Real Estate Recovery Fund Act shall be credited to the real estate recovery fund. The state treasurer may invest money in the real estate recovery fund in United States bonds or treasury certificates under such rules and regulations as may be prescribed by the state board of finance, provided that no investments shall be made which will impair the necessary liquidity required to satisfy judgment payments awarded pursuant to the Real Estate Recovery Fund Act. All interest earned from such investments shall be credited to the fund to pay any future judgments only.
History:
Laws 1980, ch. 82, § 2.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-22 - Additional fees.

A. The commission shall collect an annual fee not in excess of ten dollars ($10.00) from each real estate licensee prior to the issuance of the next license.
B. The commission shall collect from each successful applicant for an original real estate license, in addition to the original license fee, a fee not in excess of ten dollars ($10.00).
C. The additional fees provided by this section shall be credited to the real estate recovery fund. The amount of the real estate recovery fund shall be maintained at one hundred fifty thousand dollars ($150,000). If the real estate recovery fund falls below this amount, the commission shall have authority to adjust the annual amount of additional fees to be charged licensees or to draw on the real estate commission fund in order to maintain the fund level as required in this section. If on July 1 of any year, the balance in the fund exceeds four hundred thousand dollars ($400,000), the amount over four hundred thousand dollars ($400,000) shall be transferred to the real estate commission fund to be used for the purposes of carrying out the provisions of Chapter 61, Article 29 NMSA 1978.
History:
Laws 1980, ch. 82, § 3; 1987, ch. 90, § 6; 1993, ch. 253, § 4; 2003, ch. 22, § 6; 2011, ch. 85, § 10.
ANNOTATIONS
The 2011 amendment,
effective July 1 2011, lowered the minimum balance of the real estate recovery fund from two hundred fifty thousand dollars to one hundred fifty thousand dollars.
The 2003 amendment,
effective June 20, 2003, deleted "On and after the effective date of the Real Estate Recovery Fund Act" from the beginning of Subsections A and B; and added the last sentence of Subsection C.
The 1993 amendment,
effective June 18, 1993, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-24 - Commission; compromise.

Upon receipt of a petition as required by Section 61-29-23 NMSA 1978, the commission shall conduct a hearing in substantially the same manner and with the same authority as set forth in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]. The commission may compromise a claim based upon the application of a petitioner.
History:
Laws 1980, ch. 82, § 5; 1987, ch. 90, § 8; 2021, ch. 106, § 3.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised procedures related to hearings on petitions for recovery pursuant to the Real Estate Recovery Fund Act; in the section heading, after "Commission", deleted "review"; after "the same manner", added "and with the same authority", and after "Uniform Licensing Act", deleted "including Sections 61-1-9 through 61-1-11 NMSA 1978. Review of the commission's decision shall be in the manner provided by Section 61-1-20 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-25 - Commission finding.

If the commission makes a specific finding of the items enumerated in Section 61-29-23 NMSA 1978 and determines that a claim should be levied against the real estate recovery fund, the commission shall enter an order requiring payment from the fund of that portion of the petitioner's claim that is payable from the fund pursuant to the provisions of and in accordance with the limitations contained in Section 61-29-23 NMSA 1978.
History:
Laws 1980, ch. 82, § 6; 1987, ch. 90, § 9.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-26 - Insufficient funds.

If at any time the money deposited in the real estate recovery fund is insufficient to satisfy any authorized claim for payment from the fund, the real estate commission shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims in the order that they were originally filed, together with accumulated interest at the rate of eight percent per year.
History:
Laws 1980, ch. 82, § 7.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-27 - Subrogation.

When the commission makes any payment from the real estate recovery fund to a judgment creditor, the commission shall be subrogated to all rights of the judgment creditor for the amounts paid out of the fund and any amount and interest so recovered by the commission shall be deposited in the fund. The commission may, pursuant to the provisions of the Uniform Licensing Act [61-1-1 NMSA 1978], revoke, suspend or refuse to renew the license of any qualifying broker or associate broker for whom payment from the fund has been made in accordance with the provisions of the Real Estate Recovery Fund Act [61-29-20 to 61-29-29 NMSA 1978]. Further, the commission may refuse to issue or renew the license of any person for whom payment from the real estate recovery fund has been made, until that person reimburses the fund for all payments made on that person's behalf.
History:
Laws 1980, ch. 82, § 8; 1987, ch. 90, § 10; 2005, ch. 35, § 19.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, provides that of the real estate commission pays a judgment against a qualifying broker or an associate broker from the real estate recovery fund, the real estate commission may revoke, suspend or refuse to renew the license of the qualifying or associate broker.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-28 - Waiver.

The failure of any person to comply with all of the provisions of the Real Estate Recovery Fund Act [61-29-20 to 61-29-29 NMSA 1978] shall constitute a waiver of any rights pursuant to that act.
History:
Laws 1980, ch. 82, § 9.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-29 - Disciplinary action not limited.

Nothing contained in the Real Estate Recovery Fund Act [61-29-20 to 61-29-29 NMSA 1978] shall limit the authority of the real estate commission to take disciplinary action against a licensee for a violation of any of the provisions of Section 61-29-12 NMSA 1978 or of the rules and regulations of the real estate commission, nor shall the repayment in full of all obligations to the real estate recovery fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of Section 61-29-12 NMSA 1978 or the rules and regulations promulgated by the commission.
History:
Laws 1980, ch. 82, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Grounds for revocation or suspension of license of real estate broker or salesperson, 7 A.L.R.5th 474.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29A - Thanatopractice (Recompiled.) › Section 61-29A-1 to 61-29A-25 - Recompiled.

ANNOTATIONS
Recompilations.
— Former Chapter 61, Article 29A NMSA 1978, relating to Thanatopractice License Law, was recompiled as Chapter 61, Article 32 NMSA 1978 by the compiler in 1990 to alphabetize the article headings.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 30 NMSA 1978 may be cited as the "Real Estate Appraisers Act".
History:
Laws 1990, ch. 75, § 1; 1992, ch. 54, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
The 1992 amendment,
effective May 20, 1992, substituted "Chapter 61, Article 30 NMSA 1978" for "Sections 1 through 23 and Section 28 of this Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-2 - Purpose and legislative intent. (Repealed effective July 1, 2030.)

A. The purpose of the Real Estate Appraisers Act [Chapter 61, Article 30 NMSA 1978] is to provide a comprehensive body of law for the effective regulation and active supervision of the business of developing and communicating real estate appraisals in response to the federal Financial Institutions Examination Council Act of 1978, 12 U.S.C. 3301, et seq., as amended by Title XI, Real Estate Appraisal Reform Amendments, 12 U.S.C. 3331 through 3351.
B. The legislature intends that persons developing and communicating real estate appraisals be regulated by the state for the protection of those persons relying upon real estate appraisals.
History:
Laws 1990, ch. 75, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-4 - Administration; enforcement. (Repealed effective July 1, 2030.)

A. The board shall administer and enforce the Real Estate Appraisers Act.
B. It is unlawful for a person to engage in the business, act in the capacity of, advertise or display in any manner or otherwise assume to engage in the business of, or act as, a real estate appraiser trainee, a state licensed residential real estate appraiser or a state certified real estate appraiser without a license issued by the board. A person who engages in the business or acts in the capacity of a real estate appraiser trainee, a state licensed residential real estate appraiser or a state certified real estate appraiser has submitted to the jurisdiction of the state and to the administrative jurisdiction of the board, notwithstanding any other provisions or statutes governing all professional and occupational licenses.
History:
Laws 1990, ch. 75, § 4; 1993, ch. 269, § 2; 2003, ch. 328, § 2; 2014, ch. 33, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
The 2014 amendment,
effective May 21, 2014, provided for appraiser trainees; and in Subsection B, in the first sentence, after "or act as, a", deleted "state apprentice", after "real estate appraiser", added "trainee, a", and after "state licensed", added "residential", and in the second sentence, after "in the capacity of a", deleted "state apprentice", after "real estate appraiser", added "trainee, a", and after "state licensed", added "residential".
The 2003 amendment,
effective July 1, 2003, inserted the Subsection A designation and added Subsection B.
The 1993 amendment,
effective June 18, 1993, deleted "commission and" before "board".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-5.1 - Temporary provision. (Repealed effective July 1, 2030.)

As the terms of current members of the real estate appraisers board expire, the governor shall appoint or reappoint members in a way that provides for future terms to be staggered.
History:
Laws 1999, ch. 283, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 269, § 22 repealed 61-30-6 NMSA 1978, as amended by Laws 1992, ch. 54, § 4, concerning the powers and duties of the board, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-8 - Board; organization; meetings. (Repealed effective July 1, 2030.)

A. The board shall organize by electing a chair and vice chair from among its members annually. A majority of the board shall constitute a quorum and may exercise all powers and duties established by the provisions of the Real Estate Appraisers Act.
B. The board shall keep a record of its proceedings, a register of persons registered, licensed or certified as real estate appraiser trainees, state licensed residential real estate appraisers or state certified real estate appraisers, showing the name and places of business of each, and shall retain all records and applications submitted to the board pursuant to the Real Estate Appraisers Act.
C. The board shall meet not less frequently than once each calendar quarter at such place as may be designated by the board, and special meetings may be held on five days' written notice to each of the members by the chair. At least annually, the board shall meet in each of the congressional districts.
History:
Laws 1990, ch. 75, § 8; 1992, ch. 54, § 6; 1993, ch. 269, § 5; 2003, ch. 328, § 5; 2014, ch. 33, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
The 2014 amendment,
effective May 21, 2014, provided for appraiser trainees; in Subsection A, after "by electing a", deleted "chairperson" and added "chair and", and after "vice", deleted "chairperson and secretary" and added "chair; in Subsection B, after "licensed or certified as", deleted "state apprentice", after "real estate", deleted "appraisers" and added "appraiser trainees", and after "state licensed", added "residential"; and in Subsection C, in the first sentence, after "members by the", deleted "chairperson" and added "chair".
The 2003 amendment,
effective July 1, 2003, added "annually" following "among its members" at the end of the first sentence of Subsection A; and in Subsection B, substituted "apprentice real estate appraisers, state" for "registered" following "certified as state" near the middle, inserted "real estate appraisers" following "licensed" near the middle, and inserted "state" preceding "certified real estate" near the middle.
The 1993 amendment,
effective June 18, 1993, substituted "board" for "commission" near the end of Subsection B.
The 1992 amendment,
effective May 20, 1992, inserted "registered" in two places in Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-9 - Reimbursement and expenses. (Repealed effective July 1, 2030.)

The board may appoint such committees of the board as may be necessary. A member of the board or a committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other perquisite, compensation or allowance. Compensation for investigative contractors or consultants [and] any necessary supplies and equipment shall be paid from the appraiser fund.
History:
Laws 1990, ch. 75, § 9; 1993, ch. 269, § 6; 2003, ch. 328, § 6; 2003, ch. 408, § 33.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2003 Multiple Amendments.
— Laws 2003, ch. 328, § 6 and Laws 2003, ch. 408, § 33 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2003, ch. 408, § 33, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2003, ch. 328, § 6 and Laws 2003, ch. 408, § 33 are described below. To view the session laws in their entirety,
see
the 2003 session laws on
NMOneSource.com
.
Laws 2003, ch. 408, § 33, effective July 1, 2003, deleted "and employ such persons to assist the board" following "committees of the board" near the beginning of the section; and deleted "employees and" following "Compensation for" near the end of the section.
Laws 2003, ch. 328, § 6, effective July 1, 2003, deleted "and employ such persons to assist the board" following "committees of the board" near the middle of the first sentence; and inserted "investigative contractors or consultant" following "Compensation for employees," near the beginning of the third sentence.
The 1993 amendment,
effective June 18, 1993, substituted "board" for "commission" and deleted "and commission" following "board", in the first sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-15.1 - Criminal history background checks. (Repealed effective July 1, 2030.)

A. The board may adopt rules that provide for criminal history background checks for all registrants, certified licensees and licensees to include:
(1) requiring criminal history background checks of applicants for registration, certified licensure or licensure pursuant to the Real Estate Appraisers Act;
(2) requiring applicants for registration, or certified licensure or licensure to be fingerprinted only upon initial licensure or registration;
(3) providing for an applicant who has been denied registration or certified licensure or licensure to inspect or challenge the validity of the criminal history background check record;
(4) establishing a fingerprint and criminal history background check fee not to exceed fees as determined by the department of public safety to be paid by the applicant; and
(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history background check.
B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.
C. Electronic live fingerprint scans may be used when conducting criminal history background checks.
History:
Laws 2014, ch. 33, § 20; 2019, ch. 209, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-30-24 NMSA 1978.
The 2019 amendment,
effective July 1, 2020, provided that applicants for registration, or certified licensure or licensure shall be fingerprinted only upon initial licensure or registration, and clarified certain terms in the section; added "criminal history" or "history", preceding each occurrence of "background check" throughout the section; and in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure or registration".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-18 - Appraiser fund created; disposition; method of payment. (Repealed effective July 1, 2030.)

A. There is created in the state treasury the "appraiser fund" to be administered by the board. All fees received by the board pursuant to the Real Estate Appraisers Act and the Appraisal Management Company Registration Act [Chapter 47, Article 14 NMSA 1978] shall be deposited with the state treasurer to the credit of the appraiser fund. Income earned on investment of the fund shall be credited to the fund.
B. Money in the appraiser fund shall be used by the board to meet necessary expenses incurred in the enforcement of the provisions of the Real Estate Appraisers Act and the Appraisal Management Company Registration Act, in carrying out the duties imposed by the Real Estate Appraisers Act and the Appraisal Management Company Registration Act and for the promotion of education and standards for real estate appraisers in this state. Payments out of the appraiser fund shall be on vouchers issued and signed by the person designated by the board upon warrants drawn by the department of finance and administration.
C. All unexpended or unencumbered balances remaining at the end of each fiscal year shall remain in the appraiser fund for use in accordance with the provisions of the Real Estate Appraisers Act and the Appraisal Management Company Registration Act. Money in the fund shall be used by the board to support efforts to comply with the rules of the appraisal subcommittee, including the complaint process, complaint investigations and appraiser enforcement activities.
History:
Laws 1990, ch. 75, § 18; 1993, ch. 269, § 16; 2009, ch. 214, § 24; 2014, ch. 33, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
The 2014 amendment,
effective May 21, 2014, provided for the use of the money in the appraiser fund; and in Subsection C, added the second sentence.
The 2009 amendment,
effective June 19, 2009, added "and the Appraisal Management Company Registration Act".
The 1993 amendment,
effective June 18, 1993, substituted "board" for "commission" throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-22 - Civil and criminal penalties; injunctive relief. (Repealed effective July 1, 2030.)

A. Any person who violates any provision of the Real Estate Appraisers Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months or both.
B. In the event any person has engaged in or proposes to engage in any act or practice violating a provision of the Real Estate Appraisers Act, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur shall, upon application of the board, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.
C. The board may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation of the Real Estate Appraisers Act and assess administrative costs for any investigation and administrative or other proceedings against a real estate appraiser trainee, a state licensed residential real estate appraiser or a state certified real estate appraiser. The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty not to exceed two thousand dollars ($2,000) against any person who is found, through an administrative proceeding, to have acted without a license. Appeals from decisions of the board shall be taken as provided in Section 39-3-1.1 NMSA 1978.
History:
Laws 1990, ch. 75, § 22; 1993, ch. 269, § 20; 2003, ch. 328, § 19; 2014, ch. 33, § 19; 2017, ch. 52, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, provided that the real estate appraisers board may impose a civil penalty not to exceed two thousand dollars ($2,000) against any person found to have acted without a license; in Subsection C, after "certified real estate appraiser", deleted "or" and added a period, and after the period, added "The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty not to exceed two thousand dollars ($2,000)".
The 2014 amendment,
effective May 21, 2014, provided penalties for appraiser trainees; and in Subsection C, in the first sentence, after "proceedings against a", deleted "state apprentice", after "real estate appraiser", added "trainee, a", and after "state licensed", added "residential".
The 2003 amendment,
effective July 1, 2003, substituted "Civil and criminal penalties" for "Penalty" at the beginning of the section heading; substituted "one thousand dollars ($1,000)" for "five hundred dollars ($500)" in Subsection A; and added Subsection C.
The 1993 amendment,
effective June 18, 1993, deleted "commission, upon the advice and recommendation of the" before "board" in Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 269, § 22 repealed 61-30-23 NMSA 1978, as enacted by Laws 1990, ch. 75, § 23, providing for waiver of license requirements for 180 days after December 1, 1990 for certain applicants, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-24 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2030.)

The real estate appraisers board is terminated effective July 1, 2029. The Real Estate Appraisers Act shall continue in effect until July 1, 2030. Chapter 61, Article 30 NMSA 1978 is repealed effective July 1, 2030.
History:
1978 Comp., § 61-30-24, enacted by Laws 1993, ch. 269, § 21; 2000, ch. 4, § 18; 2005, ch. 208, § 22; 2011, ch. 30, § 9; 2017, ch. 52, § 15; 2023, ch. 15, § 6.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "July 1, 2023" to "July 1, 2029" and changed "July 1, 2024" to "July 1, 2030".
The 2017 amendment,
effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024" in two places.
The 2011 amendment,
effective June 17, 2011, changed the termination, operation and repeal dates.
The 2005 amendment,
effective June 17, 2005, changes the termination, operation and repeal dates.
The 2000 amendment,
effective February 15, 2000, substituted "2005" for "1999" in the first sentence and "2006" for "2000" in the last two sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-1 - Short title. (Repealed effective July 1, 2032.)

Chapter 61, Article 31 NMSA 1978 may be cited as the "Social Work Practice Act".
History:
Laws 1989, ch. 51, § 1; 2006, ch. 4, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2006 amendment,
effective May 17, 2006, changed the short title to include all of Chapter 61, Article 31 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 4, 5, 14, 39 to 41, 45 to 47, 58 to 62, 72, 73.
Cause of action for clergy malpractice, 75 A.L.R.4th 750.
53 C.J.S. Licenses §§ 5, 7, 22, 30, 34 to 66, 82.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-2 - Repealed.

History:
Laws 1989, ch. 51, § 2; repealed by Laws 2019, ch.143, 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 143, § 16 repealed 61-31-2 NMSA 1978, as enacted by Laws 1989, ch. 51, § 2, relating to purpose, effective June 14, 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 31 - Social Work Practice › Section 61-31-4 - License required. (Repealed effective July 1, 2032.)

A. Effective January 1, 1990, unless licensed to practice social work under the Social Work Practice Act, no person shall:
(1) practice as an independent social worker, clinical social worker, master of social work or bachelor of social work as defined in the Social Work Practice Act; or
(2) use the title or make any representation as being a licensed social worker of any type or level or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed as a social worker.
B. Notwithstanding the provisions of Subsection A of this section, an individual who is employed in an executive agency on or after July 1, 1989 under the title of social worker or other title that is deemed to be social work practice by the board and who has a bachelor's degree or higher in a field other than social work shall not be required to be licensed until July 1, 1992; provided an employee of an executive agency who qualifies for licensure under the provisions of the Social Work Practice Act shall apply for licensure as provided in that act.
History:
Laws 1989, ch. 51, § 4; 1991, ch. 222, § 1; 2019, ch. 143, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2019 amendment,
effective June 14, 2019, required licensure to practice as a clinical social worker, master of social work and a bachelor of social work; in Subsection A, Paragraph A(1), after "independent social worker", added "clinical social worker, master of social work or bachelor of social work", in Paragraph A(2), after "title or", deleted "represent himself as" and added "make any representation as being", and after "licensed social worker", added "of any type or level"; and in Subsection B, after "on or after", deleted "the effective date of the Social Work Practice Act" and added "July 1, 1989".
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1992" for "July 1, 1991" in Subsection B.
"Effective date of the Social Work Practice Act".
— The phrase "effective date of the Social Work Practice Act", referred to in Subsection B, means July 1, 1989, the effective date of Laws 1989, ch. 51.