New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.60.5.14 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Convictions for any of the following offenses, or their equivalents in any
				other jurisdiction, are disqualifying criminal convictions that may disqualify
				an applicant from receiving or retaining a license issued by the board:
(1) Crimes involving homicide, murder,
				manslaughter, or resulting in death;
(2) crimes involving human trafficking, or
				trafficking in controlled substances;
(3) kidnapping, false imprisonment, assault,
				aggravated assault, battery or aggravated battery;
(4) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, prostitution, or other
				sexual crimes;
(5) crimes involving
				great bodily harm, adult abuse, child abuse, neglect, abandonment, stalking,
				aggravated stalking, injury to pregnant woman, custodial interference, breaking
				and entering, sabotage, property damage, or financial exploitation;
(6) crimes involving ransom, robbery,
				larceny, extortion, burglary, sabotage, fraud, forgery, embezzlement, identity
				theft, credit card fraud or unauthorized use of a credit card; receiving stolen
				property, money laundering, burglary tools, or stolen vehicles;
(7) crimes involving arson, explosives,
				incendiary devices, facsimile bombs, hoax explosives, deadly weapons, or
				firearms;
(8) crimes involving
				seizing or exercising control of a bus by force or violence or by threat of
				force or violence;
(9) violation of
				Partial-Birth Abortion Ban Act or the Endowed Care Cemetery Act;
(10) violations of the Model State Commodity
				Code, the New Mexico Uniform Securities Act, the Mortgage Loan Company Act,
				Uniform Money Services Act, or the New Mexico Mortgage Loan Originator
				Licensing Act;
(11) crimes
				involving bribery, intimidating witnesses, retaliation against a witness,
				tampering with evidence, tampering with public records, performing an official
				act for personal gain, demanding or receiving a bonus, gratuity or bribe,
				unlawful interest in a contract involving an irrigation district, or receiving
				profits derived from an unlawful interest in a contract involving an irrigation
				district, or unlawful interest in a public contract;
(12) crimes involving jury
				tampering;
(13) crimes involving
				escape from custody, jail or penitentiary;
(14) crimes involving harboring or aiding a
				felon;
(15) crimes involving tax
				evasion or tax fraud;
(16) willful
				failure to collect and pay over taxes;
(17) crimes involving attempts to evade or
				defeat any tax;
(18) crimes
				involving violations of officers or employees engaging in the administration of
				the property tax who buy property sold for delinquent property taxes that is
				unlawful;
(19) crimes involving
				paying or receiving public money for services not rendered;
(20) crimes involving violations of the
				Cigarette Tax Act, including packaging cigarettes and counterfeit
				stamps;
(21) crimes involving
				violations of the Cigarette Enforcement Act;
(22) crimes involving the Savings and Loan or
				the Credit Union Act;
(23) crimes
				involving perjury, public assistance, false swearing of oath or affidavit,
				false voting, falsely obtaining services or accommodations, falsifying
				documents, filing false documents, making false statements, making an
				unauthorized withdrawals, issuing a worthless check, obtaining information
				under false pretenses, or providing the credit bureau information of a consumer
				to an entity who is not authorized to receive that information;
(24) Medicaid fraud,
(25) an act or omission, with intent to
				defraud, expressly declared to be unlawful by the Banking Act,
(26) crimes involving improper disposition of
				certain court funds or improper sale, disposal, removal or concealing of
				encumbered property;
(27) crimes
				involving the possession of 4 or more incomplete credit cards or machinery,
				plates or other contrivance;
(28)
				crimes involving altering or changing engine or other number of a vehicle or
				motor vehicle;
(29) crimes
				involving any contractor or subcontractor justly indebted to a supplier of
				material or labor who accepts payment for construction and knowingly and
				intentionally applies the proceeds to a use other than paying those persons
				with whom they contracted;
(30)
				crimes involving knowingly authorizing or assisting in the publication,
				advertising, distribution or circulation of any false statement or
				representation concerning any subdivided land offered for sale or lease, or
				with knowledge that any written statement relating to the subdivided land is
				false or fraudulent, issuing, circulating, publishing or distributing
				it;
(31) crimes involving making or
				permitting a false public voucher;
(32) crimes involving a false public voucher,
				false reports, uttering false statements, paying or receiving public money for
				services not rendered;
(33) crimes
				involving unlawful influencing, unlawful sale of a lottery ticket, unlawful
				representation of a business or individual as a credit union, conducting
				business as a credit union when not authorized to do so, or violations of the
				New Mexico Uniform Securities Act;
(34) crimes involving extortionate extensions
				of credit or racketeering;
(35)
				crimes involving the Pyramid Promotional Scheme Act or Antitrust Act;
(36) crimes involving the unlawful request,
				receipt, or offer to another that is exchanged for the promised performance of
				and official act, or illegal kickbacks;
(37) failing to comply with the registration
				or verification requirements of the Sex Offender Registration and Notification
				Act;
(38) crimes involving the
				practice of medicine, dentistry or osteopathic medicine without a license or
				authorization of the appropriate regulating authority;
(39) fourth or subsequent driving under the
				influence of intoxicating liquor or drugs;
(40) crimes involving controlled substances,
				including violations of the Controlled Substances Act;
(41) crimes involving violations of the Drug
				Precursor Act or the Drug, Device and Cosmetic Act;
(42) crimes involving violations of the New
				Mexico Subdivision Act or the Mortgage Foreclosure Consultant Prevention
				Act;
(43) misuse of
				funds;
(44) intent to defraud uses
				on a public security or instrument of payment;
(45) crimes involving a violation of the
				Governmental Conduct Act; or
(46)
				an attempt, solicitation, or conspiracy involving any of the felonies in this
				subsection.