2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17A - Barbers and Cosmetologists › Section 61-17A-7 - Board and department powers and duties. (Repealed effective July 1, 2026.)

A. The board shall:
(1) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Barbers and Cosmetologists Act;
(2) establish fees;
(3) provide for the examination, licensure and license renewal of applicants for licensure;
(4) establish standards for and provide for the examination, licensure and license renewal of manicurists-pedicurists, estheticians and electrologists;
(5) keep a record of its proceedings and a register of applicants for licensure;
(6) provide for the licensure of barbers, hairstylists, cosmetologists, manicurists-pedicurists, estheticians, electrologists, instructors, schools, enterprises and establishments;
(7) establish administrative penalties and fines;
(8) create and establish standards and fees for special licenses;
(9) establish guidelines for schools to calculate tuition refunds for withdrawing students; and
(10) issue cease and desist orders to persons violating the provisions of the Barbers and Cosmetologists Act and rules promulgated in accordance with that act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
B. The board may establish continuing education requirements as requirements for licensure.
C. A member of the board, its employees or agents may enter and inspect a school, enterprise or establishment at any time during regular business hours for the purpose of determining compliance with the Barbers and Cosmetologists Act.
D. The department shall:
(1) process and issue licenses to applicants who meet the requirements of the Barbers and Cosmetologists Act and board rules;
(2) investigate persons engaging in practices that may violate the provisions of the Barbers and Cosmetologists Act and report results of investigations to the board;
(3) approve the selection of and supervise primary staff assigned to the board;
(4) carry out the operations of the board to include budgetary expenditures;
(5) maintain records, including financial records; and
(6) keep a licensee record in which the names, addresses and license numbers of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations.
History:
Laws 1993, ch. 171, § 7; 1997, ch. 218, § 4; 2003, ch. 408, § 23; 2007, ch. 181, § 16; 2013, ch. 162, § 1; 2015, ch. 129, § 2; 2017, ch. 112, § 6; 2022, ch. 39, § 70.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17A-25 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, expanded the powers and duties of the regulation and licensing department, and clarified that the board of barbers and cosmetologists is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; in the section heading, added "and department"; in Subsection A, deleted Paragraphs A(5) and A(6) and redesignated former Paragraphs A(7) through A(12) as Paragraphs A(5) through A(10), respectively, in Paragraph A(10), after "in accordance with that act", added "in accordance with the Uniform Licensing Act"; and added Subsection D.
The 2017 amendment,
effective June 16, 2017, required the board of barbers and cosmetologists to provide for the licensure of hairstylists; in Subsection A, Paragraph A(8), after "licensure of barbers", added "hairstylists".
The 2015 amendment,
effective July 1, 2015, removed the board of barbers and cosmetologists' oversight authority over the Body Art Safe Practices Act; in Paragraph (1) of Subsection A, after "Cosmetologists Act", deleted "and the Body Art Safe Practices Act"; in Paragraph (4) of Subsection A, after "estheticians", added "and", and after "electrologists", deleted "and body artists and operators pursuant to the Body Art Safe Practices Act"; in Paragraph (8) of Subsection A, after "estheticians", deleted "body artists and operators pursuant to the Body Art Safe Practices Act"; in Paragraph (11) of Subsection A, after "students", added "and"; deleted Paragraph (12) of Subsection A, relating to the hiring staff to administer the provisions of the Body Art Safe Practices Act, and redesignated former Paragraph (13) of Subsection A as Paragraph (12) of Subsection A; in Paragraph (12) of Subsection A, after "Cosmetologists Act", deleted "or the Body Art Safe Practices Act", and after "in accordance with", deleted "those acts" and added "that act"; in Subsection C, after Cosmetologists Act", deleted "and the Body Art Safe Practices Act".
The 2013 amendment,
effective June 14, 2013, added the power to issue cease and desist orders; and added Paragraph (13) of Subsection A.
The 2007 amendment,
effective June 15, 2007, requires the board to adopt rules to carry out the Body Art Safe Practices Act and establish standards and provide examination and licensure for body artists and operators pursuant to the Body Art Safe Practices Act and adds Paragraph (12) of Subsection A.
Appropriations.
— Laws 2007, ch. 181, § 18, effective June 15, 2007, appropriates $300,000 from the barbers and cosmetology fund to the board of barbers and cosmetologists for expenditure in fiscal year 2008 for administration of the Body Safe Practices Act.
The 2003 amendment,
effective July 1, 2003, deleted "and regulations" following "State Rules Act, rules" near the middle of Paragraph A(1); deleted "and regulations" following "copies of rules" near the beginning of Paragraph A(6); and deleted former Paragraph A(11), concerning hire of director and staff, and redesignated former Paragraph A(12) as present Paragraph A(11).
The 1997 amendment,
in Subsection A, substituted "licensure and license renewal" for "certification and renewal of certification" in Paragraph (4), inserted "enterprise" in Paragraph (6), deleted "certification or" preceding "licensure" in Paragraph (7), rewrote Paragraph (8), inserted "and fees" in Paragraph (10), added Paragraph (12) and made minor stylistic changes at the end of Subsections (10) and (11) accordingly; and, in Subsection C, inserted "enterprise". 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.
Board deemed state officers for venue purposes.
— The former board of barber examiners was clothed by the legislature with powers and duties of statewide scope, the exercise of which involved some portion of the governmental power. Hence the board itself, as well as its component members, was a state officer for venue purposes.
Tudesque v. N.M. State Bd. of Barber Exam'rs
, 1958-NMSC-128, 65 N.M. 42, 331 P.2d 1104.
Fee not waivable.
— A barber shop had to pay the establishment license fee in order to be a valid operation and the state board had no authority to waive the requirement that a shop pay the fee. 1952 Op. Att'y Gen. No. 51-5407 (rendered under former law).
Inspection fee not chargeable for relocation.
— Inspection fee provision applied only to barber shops which were opening for business for the first time. It did not apply where mere location of shop was changed. 1937 Op. Att'y Gen. No. 37-1709 (rendered under former law).
Inspection fee chargeable for reopening.
— The opening of a barber shop after it was closed for some years constituted the opening or establishment of such shop for which the inspection fee was payable under former Section 61-17-13 NMSA 1978. 1938 Op. Att'y Gen. No. 38-1974 (rendered under former law).
No fee chargeable for certificate transfer.
— The board could pass a rule requiring a transfer of the annual establishment license mentioned in former Section 61-17-13 NMSA 1978 in the books of the board, or by an exchange of the certificate transferred for a new certificate issued in lieu of the old one and in the name of the vendee, but it could not make any charge for this transfer or exchange of license certificates, since former Section 61-17-13 NMSA 1978 did not authorize such a charge and the board could not, by rule, require the payment of charges not authorized by this section. 1939 Op. Att'y Gen. No. 39-3233 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 11 Am. Jur. 2d Barbers and Cosmetologists § 9 et seq.