reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-5 - Recompiled.

History:
Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-5 recompiled as § 61-27B-5 by Laws 2007, ch. 115, § 3.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-5 NMSA 1978 was recompiled as § 61-27B-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-6 - Recompiled.

History:
Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-6 recompiled as § 61-27B-7 by Laws 2007, ch. 115, § 3.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigators Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-6 NMSA 1978 was recompiled as § 61-27B-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-7 - Repealed.

History:
Laws 1993, ch. 212, § 7; repealed by Laws 2007, ch. 115, § 37.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 115, § 37 repealed 61-27A-7 NMSA 1978, being Laws 1993, ch. 212, § 7, relating to license fees, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-8 - Repealed.

History:
Laws 1993, ch. 212, § 8; repealed by Laws 2007, ch. 115, § 37.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 115, § 37 repealed 61-27A-8 NMSA 1978, being Laws 1993, ch. 212, § 8, relating to license renewal, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-9 - Recompiled.

History:
Laws 1993, ch. 212, § 9; 1978 Comp., § 61-27A-9 recompiled as § 61-27B-22 by Laws 2007, ch. 115, § 22.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-9 NMSA 1978 was recompiled as § 61-27B-22 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-10 - Repealed.

History:
Laws 1993, ch. 212, § 10; 1999, ch. 272, § 34; repealed by Laws 2007, ch. 115, § 37.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 115, § 37 repealed 61-27A-10 NMSA 1978, being Laws 1993, ch. 212, § 10, relating to operation of business, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-11 - Recompiled.

History:
Laws 1993, ch. 212, § 11; 1978 Comp., § 61-27A-11 recompiled as § 61-27B-24 by Laws 2007, ch. 115, § 24.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-11 NMSA 1978 was recompiled as § 61-27B-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-12 - Recompiled.

History:
Laws 1993, ch. 212, § 12; 1978 Comp., § 61-27A-12 recompiled as § 61-27B-25 by Laws 2007, ch. 115, § 25.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigations Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-12 NMSA 1978 was recompiled as § 61-27B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-13 - Recompiled.

History:
Laws 1993, ch. 212, § 13; 1978 Comp., § 61-27A-13 recompiled as § 61-27B-26 by Laws 2007, ch. 115, § 26.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-13 NMSA 1978 was recompiled as § 61-27B-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-14 - Recompiled.

History:
Laws 1993, ch. 212, § 14; 1978 Comp., § 61-27A-14 recompiled as § 61-27B-27 by Laws 2007, ch. 115, § 27.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-14 NMSA 1978 was recompiled as § 61-27B-27 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-27A-15 NMSA 1978, as enacted by Laws 1993, ch. 212, § 15, relating to review of record, effective September 1, 1998.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-16 - Recompiled.

History:
Laws 1993, ch. 212, § 16; 1978 Comp., § 61-27B-16 recompiled as § 61-27B-28 by Laws 2007, ch. 115, § 28.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-16 NMSA 1978 was recompiled as § 61-27B-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-17 - Recompiled.

History:
Laws 1993, ch. 212, § 17; 1978 Comp., § 61-27B-17 recompiled as § 61-27B-29 by Laws 2007, ch. 115, § 29.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-17 NMSA 1978 was recompiled as § 61-27B-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-18 - Recompiled.

History:
Laws 1993, ch. 212, § 18; 1978 Comp., § 61-27B-18 recompiled as § 61-27B-30 by Laws 2007, ch. 115, § 30.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-18 NMSA 1978 was recompiled as § 61-27B-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-19 - Repealed.

History:
Laws 1993, ch. 212, § 19; repealed by Laws 2007, ch. 115, § 37.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 115, § 37 repealed 61-27A-19 NMSA 1978, being Laws 1993, ch. 212, § 19, relating to deadly weapons, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-20 - Recompiled.

History:
Laws 1993, ch. 212, § 20; 1978 Comp., § 61-27A-20 recompiled as § 61-27B-32 by Laws 2007, ch. 115, § 32.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act". The act was renamed as the "Private Investigations Act". To permit future new sections of the Private Investigators Act to be inserted in between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 has been recompiled by the compiler as a new Article 27B of Chapter 61 NMSA 1978. Former § 61-27A-20 NMSA 1978 was recompiled as § 61-27B-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27A - Private Investigators and Polygraphers (Repealed, Recompiled.) › Section 61-27A-21 - Repealed.

History:
Laws 2000, ch. 4, § 16; 2005, ch. 208, § 19; repealed by Laws 2007, ch. 115, § 37.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 115, § 37 repealed 61-27A-21 NMSA 1978, being Laws 2000, ch. 4, § 16, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 27B NMSA 1978 may be cited as the "Private Investigations Act".
History:
Laws 1993, ch. 212, § 1; 2000, ch. 4, § 15; § 61-27A-1 recompiled as § 61-27B-1; Laws 2007, ch. 115, § 1.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115 substantially revised the former "Private Investigators and Polygraphers Act", amending 14 sections, repealing 5 sections and enacting 21 new sections that were assigned NMSA 1978 compilation numbers between existing sections of the NMSA 1978. The former Private Investigators and Polygraphers Act was renamed as the "Private Investigations Act". To permit future new sections to be inserted between existing sections of the act, Article 27A of Chapter 61 of the NMSA 1978 was recompiled by the compiler as Article 27B of Chapter 61 NMSA 1978. For the prior law,
see
the 2006 NMSA 1978 on
NMOneSource.com.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changes the title of the act to the from the "Private Investigators and Polygraphers Act" to the "Private Investigations Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-3 - License or registration required. (Repealed effective July 1, 2030.)

It is unlawful for an individual to:
A. act as a private investigator, private patrol operator, security guard, private investigations employee, private investigations manager or private patrol operations manager or to make any representation as being a licensee or registrant unless the individual is licensed by the department pursuant to the Private Investigations Act;
B. render physical protection for remuneration as a bodyguard unless the individual is licensed as a private investigator or a private patrol operator;
C. continue to act as a private investigator, private patrol operator, security guard, private investigations employee, private investigations manager or private patrol operations manager if the individual's license issued pursuant to the Private Investigations Act has expired;
D. falsely represent that the individual is employed by a licensee;
E. practice polygraphy for any remuneration without a license issued by the department in accordance with the Private Investigations Act; or
F. provide instruction to individuals to qualify for licensure as security guards or any other person who is required to have professional training to be licensed, certified or registered pursuant to the Private Investigations Act without a registration in good standing issued by the department in accordance with the Private Investigations Act.
History:
Laws 1993, ch. 212, § 3; § 61-27A-3 recompiled as § 61-27B-3; Laws 2007, ch. 115, § 3; 2023, ch. 190, § 38.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, provided that it is unlawful for an individual without a valid registration issued by the department in accordance with the Private Investigations Act to provide instruction for other individuals to qualify for licensure as a security guard or other profession that requires licensure; in the section heading, added "or registration"; and added Subsection F.
The 2007 amendment,
effective July 1, 2007, requires a license to act as a security guard, private investigations employee, private investigations manager or private patrol operations manager.
Under former law.
— The proponent of polygraph evidence must show that the polygraph examiner was licensed.
State v. Sanders
, 117 N.M. 452, 872 P.2d 870 (1994) (now see Rule 11-707 NMRA).
Law reviews.
— For note, "Lie Detector Evidence - New Mexico Court of Appeals Holds Voice-Stress Lie Detector Evidence Conditionally Admissible: Simon Neustadt Family Ctr., Inc. v. Bludworth," see 13 N.M.L. Rev. 703 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 4.
Validity and construction of statutes licensing or otherwise regulating operators of polygraph or similar devices, 32 A.L.R.3d 1324.
53 C.J.S. Licenses § 34.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-6 - Private investigations advisory board; created; members. (Repealed effective July 1, 2030.)

A. The "private investigations advisory board" is created.
B. The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to assist the department in other manners as requested by the superintendent or provided for in rules of the department.
C. The advisory board members shall consist of at least the following:
(1) one private investigator;
(2) one private patrol operator;
(3) one polygraph examiner; and
(4) two members of the public.
D. Members of the advisory board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.
E. The public members of the advisory board or their spouses shall not:
(1) have been licensed pursuant to the Private Investigations Act or any prior similar statutory provisions; or
(2) have a direct or indirect financial interest in a private investigation company, private patrol company, polygraph business or a related business.
History:
Laws 2007, ch. 115, § 6; 2017, ch. 52, § 8.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 6 was enacted as 61-27A-5.1 NMSA 1978. It has been codified by the compiler as 61-27B-6 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, changed the composition of the private investigations advisory board, reducing the number of private investigators on the board and increasing the number of public members on the board; in Subsection C, in Paragraph C(1), after the paragraph designation, deleted "two" and added "one", and after "private", deleted "investigators" and added "investigator", in Paragraph C(4), after the paragraph designation, deleted "one member" and added "two members"; and in Subsection E, in the introductory clause, after "The public", deleted "member" and added "members", after "advisory board or", deleted "the public member's spouse" and added "their spouses", and in Paragraph E(1), after "Act", deleted "the Private Investigators and Polygraphers Act".
Temporary provisions.
— Laws 2017, ch. 52, § 21, effective June 16, 2017, provided that in carrying out the statutory requirement to replace professional members with public members on the board of examiners for architects and the private investigations advisory board, the governor shall appoint a public member to replace the applicable professional member whose term first expires after the effective date of this act. If a vacancy occurs in an applicable professional member position prior to the expiration of that term, the governor shall appoint a public member, and that position shall become a public member position.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-9 - Private investigations manager; requirements for licensure; notification of department in event of termination of employment. (Repealed effective July 1, 2030.)

A. The department shall issue a license for a private investigations manager to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) possesses a current license in good standing as a private investigator;
(2) has successfully passed an examination required by department rules;
(3) is employed by the private investigation company that the applicant is being licensed to manage; and
(4) meets other requirements set forth in the rules of the department.
B. A private investigations manager who ceases to be employed by the private investigation company that the manager is licensed to manage, before leaving the company, shall surrender the private investigations manager's license to the owner, officer or director who is required to temporarily take over the management of the private investigation company. The owner, officer or director who temporarily takes over managing the private investigation company within thirty days of the termination from employment of the private investigations manager shall:
(1) notify the department of the termination of the employment of the private investigations manager;
(2) submit the surrendered license; and
(3) submit an application to the department naming a new private investigations manager, who shall not begin to perform the duties of a private investigations manager until and unless the department grants the applicant a private investigations manager's license.
C. Failure to notify the department within thirty days of the private investigations manager's termination from employment subjects the license of the private investigation company to suspension or revocation by the department.
D. Reinstatement of the private investigation company's license may occur only upon the filing of an application for reinstatement and payment of the reinstatement fee.
History:
Laws 2007, ch. 115, § 9.
ANNOTATIONS
Cross references.
— For definition of "private investigations manager",
see
61-27B-2 NMSA 1978.
Compiler's note.
— Laws 2007, ch. 115, § 9 was enacted as 61-27A-6.2 NMSA 1978. It has been codified by the compiler as 61-27B-9 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-10 - Private patrol operator; requirements for licensure. (Repealed effective July 1, 2030.)

A. The department shall issue a license for a private patrol operator to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) is at least twenty-one years of age;
(2) is of good moral character;
(3) has successfully passed an examination as required by department rules;
(4) has not been convicted of a felony offense, an offense involving dishonesty, an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards;
(5) has at least three years' experience of actual work performed as a security guard or an equivalent position, one year of which shall have been in a supervisory capacity. The experience shall have been acquired within five years preceding the filing of the application with the department. Years of qualifying experience and the precise nature of that experience shall be substantiated by written certification from the applicant's employers and shall be subject to independent verification by the department as it determines is warranted. The burden of proving necessary experience is on the applicant;
(6) is firearm certified, if the position will require being armed with a firearm; and
(7) meets other requirements set forth in rules of the department.
B. A private patrol operator may not investigate acts except those that are incidental to a theft, embezzlement, loss, misappropriation or concealment of property or other item that the private patrol operator has been engaged or hired to protect, guard or watch.
History:
Laws 2007, ch. 115, § 10.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 10 was enacted as 61-27A-6.3 NMSA 1978. It has been codified by the compiler as 61-27B-10 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-12 - Private patrol operations manager; requirement for licensure; notification of department in event of termination of employment. (Repealed effective July 1, 2030.)

A. The department shall issue a license for a private patrol operations manager to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) possesses a current license in good standing as a private patrol operator or a registration as a level three security guard;
(2) has successfully passed an examination required by department rule;
(3) is employed by the private patrol company that the applicant is being licensed to manage; and
(4) meets other requirements set forth in the rules of the department.
B. A private patrol operations manager who ceases to be employed by the private patrol company that the manger is licensed to manage, before leaving the company, shall surrender the private patrol operations manager's license to the owner, officer or director who is required to temporarily take over the management of the private patrol company. The owner, officer or director who temporarily takes over managing the private patrol company within thirty days of the termination from employment of the private patrol operations manager shall:
(1) notify the department of the termination of the employment of the private patrol operations manager;
(2) submit the surrendered license; and
(3) submit an application to the department naming a new private patrol operations manager, who shall not begin to perform the duties of a private patrol operations manager until the department grants the applicant a private patrol operations manager's license.
C. Failure to notify the department within thirty days of the private patrol operations manager's termination from employment subjects the license of the private patrol company to suspension or revocation by the department.
D. Reinstatement of the private patrol company's license may occur only upon the filing of an application for reinstatement and payment of the reinstatement fee.
History:
Laws 2007, ch. 115, § 12.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 12 was enacted as 61-27A-6.5 NMSA 1978. It has been codified by the compiler as 61-27B-12 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-15 - Security guard; levels of registration. (Repealed effective July 1, 2030.)

A. A security guard shall be registered at one of the three levels enumerated in this section that are based on experience, age and other qualifications of the registrant:
(1) level one is the entry level registration for security guards who will be working in a position not requiring the registrant to carry arms;
(2) level two is the intermediate level registration for security guards who are required to be armed but not with firearms; and
(3) level three is the advanced level registration for security guards who may be required to be armed with a firearm.
B. Each security guard shall receive a card issued by the department in the security guard's name with a definite expiration date that shall be carried by the security guard at all times when the security guard is performing duties that require the security guard to be registered pursuant to the provisions of this section. A security guard is not required to obtain a new card each time the security guard changes employment.
History:
Laws 2007, ch. 115, § 15.
ANNOTATIONS
Cross references.
— For definition of "security guard",
see
61-27B-2 NMSA 1978.
Compiler's note.
— Laws 2007, ch. 115, § 15 was enacted as 61-27A-6.8 NMSA 1978. It has been codified by the compiler as 61-27B-15 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-16 - Security guard; level one; registration; requirements. (Repealed effective July 1, 2030.)

A. On or after July 1, 2007, every individual seeking employment or employed as a level one security guard shall file an application for registration with the department.
B. The department shall issue a registration for a level one security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) is at least eighteen years of age;
(2) is of good moral character;
(3) has successfully completed an examination as required by department rule;
(4) has not been convicted of a felony or an offense involving dishonesty, an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards;
(5) has completed a curriculum approved in department rule consisting of level one security guard training prior to being placed on a guard post for the first time as a level one security guard; that training may be provided by:
(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act [Chapter 21, Article 23 NMSA 1978];
(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department; or
(c) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;
(6) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager; and
(7) meets other requirements set forth in department rules.
C. A private patrol company shall notify the department within thirty days from the date of termination of a level one security guard of the employment termination.
History:
Laws 2007, ch. 115, § 16.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 16 was enacted as 61-27A-6.9 NMSA 1978. It has been codified by the compiler as 61-27B-16 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-17 - Security guard; level two; registration; requirements. (Repealed effective July 1, 2030.)

A. On or after July 1, 2007, every individual seeking employment or employed as a level two security guard shall file an application for registration with the department.
B. The department shall issue a registration for a level two security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) meets the requirements to be granted registration as a level one security guard and maintains in good standing a current registration as a level one security guard;
(2) has successfully completed an examination as required by department rule;
(3) possesses a high school diploma or its equivalent;
(4) in addition to the training required to be registered as a level one security guard, has completed a curriculum approved in department rule of level two security guard training prior to being placed on a guard post for the first time as a level two security guard; that training may be provided by:
(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act [Chapter 21, Article 23 NMSA 1978];
(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;
(c) the New Mexico law enforcement academy; or
(d) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;
(5) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager; and
(6) meets other requirements set forth in department rules.
C. A private patrol company shall notify the department within thirty days from the date of termination of a level two security guard of the employment termination.
History:
Laws 2007, ch. 115, § 17.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 17 was enacted as 61-27A-6.10 NMSA 1978. It has been codified by the compiler as 61-27B-17 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-18 - Security guard; level three; registration; requirements. (Repealed effective July 1, 2030.)

A. Every individual seeking employment or employed as a level three security guard shall file an application for registration with the department.
B. The department shall issue a registration for a level three security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) is at least twenty-one years of age;
(2) meets the requirements to be granted registration as a level two security guard and maintains in good standing a current registration as a level two security guard;
(3) has successfully completed an examination as required by department rule;
(4) possesses a high school diploma or its equivalent;
(5) in addition to the training required to be registered as a level two security guard and before the applicant shall be placed for the first time at a guard post as a level three security guard, has completed a curriculum approved by the department consisting of the minimum training for firearm certification prescribed by the department; provided that the additional training required by the department is provided by:
(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act [Chapter 21, Article 2 NMSA 1978];
(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;
(c) the New Mexico law enforcement academy; or
(d) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;
(6) is firearm certified by the New Mexico law enforcement academy or the national rifle association;
(7) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, another level three security guard or a private patrol operations manager; and
(8) meets other requirements set forth in department rules.
C. A private patrol company shall notify the department within thirty days from the date of termination of a level two security guard of the employment termination.
History:
Laws 2007, ch. 115, § 18; 2023, ch. 190, § 45.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Compiler's note.
— Laws 2007, ch. 115, § 18 was enacted as 61-27A-6.11 NMSA 1978. It has been codified by the compiler as 61-27B-18 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, struck a provision requiring each applicant requesting registration as a level three security guard to have passed a psychological evaluation to determine suitability for carrying a firearm; and deleted former Paragraph B(8) and redesignated former Paragraph B(9) as new Paragraph B(8).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-19 - Special event permit; nonresident security guard procedure; qualifications; prohibited. (Repealed effective July 1, 2030.)

A. A private patrol company employing a nonresident security guard temporarily for a special event shall apply to the department for and may be issued a special event permit for each nonresident security guard qualified to be employed at the special event.
B. A special event permit is issued for a specific nonresident security guard and a specific special event and shall not be transferred to another security guard or used for a special event other than for the special event for which the permit is issued.
C. To be issued a special event permit, a private patrol company shall provide the department with a description of the special event, its location and the dates on which the temporary nonresident security guard will be employed to provide services at the special event. A special event permit shall bear the name of the private patrol company and contact information, the name of the nonresident security guard, the name of the special event for which it is issued, the dates of the special event and other pertinent information required by the department.
D. A special event permit shall be issued only to an individual who qualifies for a level one or higher security guard registration and who:
(1) is not a resident of New Mexico;
(2) does not hold a registration as a security guard in New Mexico; and
(3) meets other requirements specified by the department.
E. A special event permit requiring a security guard to carry a firearm shall only be issued to an individual who is qualified to be registered as a level three security guard.
F. It is a violation of the Private Investigations Act for a private patrol company to circumvent the registration process for permanent or long-term part-time employment of security guards through use of the provisions of this section.
History:
Laws 2007, ch. 115, § 19.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 115, § 19 was enacted as a new section 61-27A-6.12 NMSA 1978. It has been codified by the compiler of the NMSA 1978 as a new section 61-27B-19 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Effective dates.
— Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-19.1 - Requirements for registration as instructor; curriculum approval; firearms training. (Repealed effective July 1, 2030.)

A. Every individual seeking to register as an instructor shall complete an application on a form provided by the department and submit the required application fee. The application shall include:
(1) fingerprints and other information for a state and federal criminal history background check submitted in accordance with rules of the department;
(2) proof of instructor certification issued by a law enforcement academy, federal government entity, the military or the federal law enforcement training centers or one year of verifiable training experience or the equivalent to be reviewed and recommended by the private investigations advisory board and approved by the department;
(3) proof of further qualifying training specific to advanced levels of training the instructor is applying for as provided by rule of the department; and
(4) any other information sought by the department.
B. The department shall register each successful instructor applicant.
C. A level two or level three registered instructor may teach individuals who are seeking licensure as a level one security guard. A registered instructor shall not teach above the instructor's registration level. The department may suspend, revoke or refuse to renew the registration of an instructor who teaches above the instructor's registration level.
D. If a level three instructor offers firearms certification, the instructor shall provide proof of the instructor's current firearms certification to the department.
E. The department shall approve the curriculum for level one, two and three security guard training. The private investigations advisory board shall review curricula submitted for approval and make recommendations to the department for final action.
F. The registration of an instructor registered with the department on the effective date of this section shall remain in effect until renewal unless the department suspends, revokes or refuses to renew the registration.
History:
Laws 2023, ch. 190, § 42.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 190, § 54 made Laws 2023, ch. 190, § 42 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-21 - License and registration renewal. (Repealed effective July 1, 2030.)

A. A license or registration granted pursuant to the provisions of the Private Investigations Act shall be renewed by the department biennially unless the term of the license is set by the department in rule to be a longer period.
B. A licensee or registrant with an expired license or registration shall not perform an activity for which a license or registration is required pursuant to the Private Investigations Act until the license or registration has been renewed or reinstated.
C. The department may require proof of continuing education credits or other proof of competency as a requirement of renewal or reinstatement of a license or registration.
D. A license or registration issued to a person pursuant to the Private Investigations Act shall not be transferred or assigned.
History:
Laws 2007, ch. 115, § 21; 2023, ch. 190, § 47.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Compiler's note.
— Laws 2007, ch. 115, § 21 was enacted as 61-27A-8.1 NMSA 1978. It has been codified by the compiler as 61-27B-21 NMSA 1978.
See
the compiler's note following 61-27B-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, changed license renewal requirements from annually to biennially; and in Subsection A, after "department", deleted "annually" and added "biennially".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-22 - Display of license; notification of changes. (Repealed effective July 1, 2030.)

A. A license shall at all times be posted in a conspicuous place in the principal place of business in New Mexico of the licensee.
B. A copy of the registration of each registrant employed by a private investigation company or a private patrol company shall be maintained in the main New Mexico office of the company and in the branch office in which the registrant works.
C. A registration card issued by the department shall at all times be in the possession of and located on the person of a registrant when working.
D. A security guard shall wear the registration card on the outside of the guard's uniform so that the card is visible to others.
E. A licensee, including owners, officers or directors of a private investigation company or a private patrol company, or a registrant shall notify the department immediately in writing of a change in the mailing or contact address of the licensee or registrant.
F. Failure to notify the department within thirty days of changes required to be reported pursuant to this section or failure to carry or display a registration as required is grounds for suspension of a license or registration.
History:
Laws 1993, ch. 212, § 9; § 61-27A-9 recompiled as § 61-27B-22; Laws 2007, ch. 115, § 22.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, adds new Subsections B to F to require a registrant to display a copy of his registration in the main New Mexico office of the company and in the branch office where the registrant works, carry or wear a registration card issued by the department, and immediately notify the department of changes of address and provides that a violation of this section is grounds for suspension of a license or registration.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-24 - Liability insurance. (Repealed effective July 1, 2030.)

A private investigation company or a private patrol company shall maintain a general liability certificate of insurance in an amount required by the department.
History:
Laws 1993, ch. 212, § 11; § 61-27A-11 recompiled as § 61-27B-24; Laws 2007, ch. 115, § 24; 2023, ch. 190, § 48.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, removed provisions requiring a private investigation company to file with the department a surety bond; changed the section heading from "Bond required" to "Liability insurance"; deleted former Subsection A ; deleted former subsection designation "B."; deleted "The owner or the chief executive officer of"; after "A private investigation company", deleted "that provides personal protection or bodyguard services or the owner or the chief executive office of" and added "or"; and deleted former Subsection C.
The 2007 amendment,
effective July 1, 2007, requires a private investigation company to file a surety bond in the amount of $10,000 and to maintain a general liability certificate of insurance in an amount required by the department.
Face amount of bond represents total liability
of surety regardless of the number of claims which may be filed against the licensee. 1965 Op. Att'y Gen. No. 65-187.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 48, 49, 55.
53 C.J.S. Licenses § 42.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-27 - Hearing; penalties. (Repealed effective July 1, 2030.)

A. A person who is denied a license or registration or who has a license or registration suspended or revoked shall be entitled to a hearing before the department if within twenty days after the denial, suspension or revocation a request for a hearing is received by the department. The procedures of the Uniform Licensing Act shall [61-1-1 to 61-1-31 NMSA 1978] be followed pertaining to the hearing to the extent that they do not conflict with the provisions of the Private Investigations Act.
B. In accordance with the provisions of the Uniform Licensing Act, and in addition to other penalties provided by law, the department may impose the following:
(1) for a violation of the Private Investigations Act, a civil penalty not to exceed one thousand dollars ($1,000) for each violation; and
(2) against a person who is found by the department to be engaging in a practice regulated by the department without an appropriate license or registration, civil penalties not to exceed two thousand dollars ($2,000).
History:
Laws 1993, ch. 212, § 14; § 61-27A-14 recompiled as § 61-27B-27; Laws 2007, ch. 115, § 27; 2017, ch. 52, § 9.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, raised the maximum civil penalty for engaging in a practice regulated by the department of regulation and licensing without a license from $1,000 to $2,000; and in Subsection B, Paragraph B(2), after "not to exceed", deleted "one thousand dollars ($1,000)" and added "two thousand dollars ($2,000)".
The 2007 amendment,
effective July 1, 2007, adds a new Subsection B that authorizes the department to impose penalties.