2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-21 - Grounds for refusal to issue, renew, suspend or revoke a license. (Repealed effective July 1, 2026.)

A. The board shall, in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], issue a fine or penalty, restrict, refuse to issue or renew or shall suspend or revoke a license for any one or more of the following causes:
(1) the commission of any offense described in the Barbers and Cosmetologists Act;
(2) the violation of any sanitary regulation promulgated by the board;
(3) malpractice or incompetency;
(4) advertising by means of knowingly false or deceptive statements;
(5) working in a capacity regulated pursuant to the Barbers and Cosmetologists Act while under the influence of intoxicating liquor or drugs;
(6) continuing to practice in or be employed by an establishment, an enterprise, a school or an electrology clinic in which the sanitary rules of the board, of the department of health or of any other lawfully constituted board or state agency, promulgated for the regulation of establishments, enterprises, schools or electrology clinics, are known by the licensee to be violated;
(7) default of a licensee on a student loan;
(8) gross continued negligence in observing the rules and regulations;
(9) renting, loaning or allowing the use of the license to any person not licensed under the provisions of the Barbers and Cosmetologists Act;
(10) dishonesty or unfair or deceptive practices;
(11) sexual, racial or religious harassment;
(12) conduct of illegal activities in an establishment, enterprise, school or electrology clinic or by a licensee; or
(13) aiding, abetting or conspiring to evade or violate the provisions of the Barbers and Cosmetologists Act.
B. Any license suspended or revoked shall be delivered to the department or any agent of the department upon demand.
History:
Laws 1993, ch. 171, § 21; 1997, ch. 218, § 15; 2022, ch. 39, § 79.
ANNOTATIONS
Delayed repeals.
— For delayed repeal, see 61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, removed "habitual drunkenness or habitual addiction to the use of habit-forming drugs" and "conviction of a crime involving moral turpitude" from the list of grounds for refusal to issue, renew, suspend or revoke a license, added "working in a capacity regulated pursuant to the Barbers and Cosmetologists Act while under the influence of intoxicating liquor or drugs" to the list of grounds for refusal to issue, renew, suspend or revoke a license, and provided that any suspended or revoked license shall be delivered to the department of regulation and licensing; in Subsection A, deleted former Paragraph A(5) and added a new Paragraph A(5), deleted former Paragraph A(13) and redesignated former Paragraph A(14) as Paragraph A(13); and in Subsection B, changed each occurrence of "board" to "department".
The 1997 amendment,
in Subsection A, substituted "continuing to practice in or be employed by an establishment, an enterprise, a school or an electrology clinic" for "continuing to be employed or practicing in an establishment" at the beginning of Paragraph (6) and inserted "enterprise" near the end of Paragraph (6), substituted "default of a licensee" for "notification of a licensee's default" in Paragraph (7), inserted "enterprise, school or electrology clinic" in Paragraph (12), and made a stylistic change in Paragraph (9). Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists § 12.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
53 C.J.S. Licenses § 44.