reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.8 - LICENSE AND REGISTRATION RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
To align with three-year initial terms and transition
				  current licenses and registrations to a three-year renewal cycle, until
				  December 31, 2023, each expiring license and registration ending in an even
				  number (2, 4, 6, 8, 0) will renew for a final two-year term and pay a pro-rated
				  renewal fee, and each expiring license and registration ending in an odd number
				  (1, 3, 5, 7, 9) will renew for a three-year term. Beginning January 1, 2024,
				  all expiring licenses and registrations will renew for three year terms.
				  Licensees and registrants shall renew their licenses issued pursuant to the
				  Private Investigations Act by submitting the renewal application and all forms
				  required by the department as described in the application.
A. The completed application shall include
				applicant's:
(1) full name;
(2) current mailing address;
(3) current electronic mail address, if
				any;
(4) current license or
				registration number, and any expired license or registration numbers issued to
				the applicant by the department;
(5) two, 2X2 inch recent photographs or an
				upload of a recent electronic headshot photograph;
(6) proof of required continuing
				education;
(7) firearms
				qualification, if required;
(8)
				documentation showing submission of background check form to the department of
				public safety no less than 30 days prior to the expiration of the renewal term
				(documentation may include certified mail return receipt, mailing or delivery
				confirmation) required to be submitted only by individuals who currently hold
				and wish to maintain a firearm certification as a private investigator, private
				patrol operator, private investigations employee, a private patrol operations
				employee or level three security guard pursuant to 16.48.4 NMAC;
(9) any required fees;
(10) general liability insurance, if
				required; and
(11) surety bond, if
				required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.9 - LICENSE RENEWAL DEADLINE

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees or registrants failing to submit a renewal
				  application and the required documentation on or before the expiration date
				  shall be considered expired and must refrain from practicing. A licensee or
				  registrant will be allowed a 30-day grace period in which they will be allowed
				  to renew their license or registration with a late fee. Any renewal received
				  after the 30-day grace period will not be accepted and the licensee or
				  registrant will need to comply with 16.48.2 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.10 - LICENSE RENEWAL NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
Courtesy renewal notices will be electronically mailed to
				  each current licensee and registrant at least 30 days prior to the expiration
				  date of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.11 - LICENSEE RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Renewal notices will be electronically mailed to the last
				  known electronic mail address on file with the department. It is the
				  responsibility of the licensee and registrant to keep the department informed
				  of any changes in electronic mail, physical mail address and phone numbers.
				  Failure to receive the renewal notice shall not relieve the licensee or
				  registrant of the responsibility of renewing his license before the expiration
				  date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.12 - APPROVAL OF RENEWAL APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon department approval of the renewal application, the
				  department will issue a license or registration with new expiration
				  date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.13 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				licensed or registered person in good standing may request up to five years of
				inactive status by notifying the department in writing before the expiration of
				their current license.
B. An
				inactive status license or registration may be restored within the five year
				period upon submitting a reinstatement application provided by the
				department.
C. A license or
				registration placed on inactive status not restored within five years is
				automatically expired without notice from the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.14 - REINSTATEMENT OF INACTIVE LICENSURE OR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Reinstatement of a license or registration that is in
				  inactive status requires the following:
A. completion of a reinstatement application
				relevant to the license or registration;
B. payment of an application fee and initial
				license or registration fee equal to the relevant initial fees provided in
				16.48.5 NMAC;
C. department of
				public safety background check, required to be submitted only by individuals
				who wish to also reinstate a firearm certification as a private investigator,
				private patrol operator, private investigations employee, private patrol
				operations employee, or level three security guard pursuant to 16.48.4 NMAC;
				and
D. proof of completion of two
				hours of continuing education credit for each year the license or registration
				was inactive.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to expedite
				  licensure and registration for military service members, their spouses,
				  dependent children, and veterans.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to and in accordance
				  with the Private Investigations Act, Section
				  61-27B-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2015, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to expedite licensure for
				  military service members, their spouses, their dependent children, and veterans
				  pursuant to 61-1-34 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"License"
has the same meaning as defined in Paragraph (1) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
B.
"Licensing
				fee"
has the same meaning as defined in Paragraph (2) of Subsection F of
				Section
				61-1-34
				NMSA 1978.
C.
"Military
				service member"
has the same meaning as defined in Paragraph (3) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
D.
"Substantially
				equivalent"
means the determination by the department that the
				education, examination, and experience requirements contained in the statutes
				and rules of another jurisdiction are comparable to, or exceed the education,
				examination and experience requirement of the Private Investigations
				Act.
E.
"Veteran"
has
				the same meaning as defined in Paragraph (4) of Subsection F of Section
				61-1-34
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications for registration shall be completed on a form provided by the
				department.
B. The applicant shall
				provide a completed application that includes the following information:
(1) applicant's full name;
(2) current mailing address;
(3) current electronic mail address, if
				any;
(4) date of birth;
(5) two, 2X2 in recent photographs or upload
				of a recent electronic headshot photograph;
(6) copy of completion of polygraph school
				diploma, if required;
(7) completed
				jurisprudence examination for the license or registration, if
				required;
(8) firearms
				qualification, if required;
(9)
				information on any past disciplinary action;
(10) fingerprinting receipt to establish
				positive identification for a federal criminal history background
				check;
(11) any required fees:
				and
(12) proof as described in
				subsection (C) below.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 8 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.48.8.9 - RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license issued pursuant to this section shall not be renewed unless the license
				holder satisfies the requirements for renewal set forth in 16.48.7 NMAC
				pursuant to Chapter 61, Article 27B NMSA 1978.
B. As a courtesy, the department will send
				via electronic mail license renewal notifications to licensees or registrants
				before the license expiration date to the last known email address on file with
				the department. Failure to receive the renewal notification shall not relieve
				the licensee or registrant of the responsibility of timely renewal on or before
				the expiration date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees, registrants and
				  to anyone wishing to file a complaint against a licensee or registrant licensed
				  or registered pursuant to the Private Investigations Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Sections
				  61-27B-5
				  and
				  61-27B-26
				  NMSA 1978, and the Uniform Licensing Act, Sections
				  61-1-1
				  through 61-1-36 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 28, 2021, unless a later date is cited in the
				  history note at the end of a Section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 48 is to set forth the
				  procedures for filing complaints, for initiating disciplinary action against
				  applicants, licensees, and registrants, to lay out the investigative procedures
				  available to the department and to further define actions by an applicant,
				  licensee or registrant considered as violations of the Private Investigations
				  Act, the Uniform Licensing Act, and these rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this Section, the following words and phrases
				  have the following meanings:
A.
"Applicant"
has the same meaning as defined in Subsection B of
				Section 61-1-2 NMSA 1978.
B.
"Complaint"
means a written
				complaint on a form provided by the department and filed with the department
				against a licensee or registrant.
C.
"Complainant"
means the party
				who files a complaint against a licensee or registrant.
D. "
Disqualifying criminal
				conviction"
has the same meaning as defined in Subsection E of Section
				61-1-36 NMSA 1978.
E.
"Hearing"
means a formal
				evidentiary hearing conducted pursuant to the Uniform Licensing Act, whereby
				the respondent is afforded due process and the opportunity to be heard by the
				department, or its designated hearing officer, before the department takes
				action which might result in disciplinary action against the respondent's
				application for license or registration, or respondent's license or
				registration issued pursuant to the Private Investigations Act.
F.
"Hearing officer"
means the
				person designated by the department at its discretion, to conduct hearings
				under the Uniform Licensing Act.
G.
"Notice of contemplated action"
or
"NCA"
means the
				administrative pleading required by the Uniform Licensing Act whereby
				initiating a formal disciplinary proceeding and notifying a respondent of the
				department's intent to take action based upon the violations of practice
				charged in the subject complaint, and providing the respondent the opportunity
				to request a hearing before the department.
H.
"Pre-NCA settlement
				agreement"
means an agreement reached between the department and the
				respondent as an option in lieu of the department proceeding with referring the
				matter for issuance of a notice of contemplated action.
I.
"Respondent"
means an
				applicant, licensee, or registrant that is the subject of complaint filed with
				the department.
J.
"Revocation"
has the same meaning as defined in Subsection J of
				Section 61-1-2 NMSA 1978.
K.
"Subject matter expert"
means
				a member of the private investigations profession or an advisory board member
				who has been designated to review complaints at the request of the
				superintendent.
L.
"Suspension"
has the same meaning as defined in Subsection K of
				Section 61-1-2 NMSA 1978.
M.
"Violation"
means a violation
				of the Private Investigations Act or the rules duly adopted by the department
				pursuant to the Private Investigations Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				complaint may be initiated in writing by any person on a complaint form
				provided by the department. A complaint must be legible, signed by the
				complainant under penalty of perjury, and must include the following
				information:
(1) full name, mailing address,
				electronic mail address, and phone number of the complainant;
(2) clearly stated factual allegations
				including the date, time, and location of the incident that is the subject
				matter of the complaint constituting the alleged violations of any provisions
				of the Private Investigations Act or Code of Ethics and Creed of Conduct,
				16.48.1 NMAC;
(3) a list of any
				other people that have information about the subject matter in the complaint,
				if any, and their full name, mailing addresses, and phone numbers, including
				electronic mail addresses if available; and
(4) any documentation available to support
				the allegations in the complaint, any photographs submitted must be in
				color.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.9 - PROCEDURES FOR RECEIPT OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department's assigned compliance staff
				will maintain a written log of all complaints received which records at a
				minimum, the date the complaint was received; name, electronic mail and
				physical mailing address(es) of the complainant(s) and respondent(s); and the
				name, electronic mail and physical address(es) of all possible witnesses listed
				on the complaint.
B. Upon receipt
				of a complaint the department's compliance staff will:
(1) log in the date the complaint was
				received;
(2) determine whether the
				respondent is licensed, registered or is an applicant for licensure or
				registration with the department;
(3) assign a complaint number and create an
				individual file. Complaint numbering shall begin with 01 each calendar
				year;
(4) after a legal review,
				send complainant written acknowledgment of receipt of the complaint and any
				follow up questions needed to clarify the compliant; and
(5) send a copy of the complaint to the
				respondent(s) via electronic mail or certified U.S. mail to the address of
				record in the respondent's file, unless the department reasonably determines
				that disclosure of the information in the complaint at that time, will
				substantially and materially impair the integrity or efficacy of the
				investigation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.10 - RESPONDING TO COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				respondent must submit a written response to the department within 20 business
				days of receipt the complaint, and shall provide all necessary documents and
				exhibits in support of the response.
B. A failure to submit a written response to
				the department within the time frame specified may result in disciplinary
				action up to and including revocation of the license or registration at the
				discretion of the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.11 - DEPARTMENT REVIEW AND INVESTIGATION OF COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department will review and investigate
				all written, signed complaints against a respondent unless it is determined
				that there is insufficient evidence, cause, or jurisdiction to
				proceed.
B. If the department
				determines that further information is needed, the department may utilize an
				investigator or subject matter expert to review complaints as part of its
				investigation. The purpose of an investigation is to gather information
				regarding the complaint and to verify facts in the complaint.
C. Investigative Subpoenas: The department is
				authorized to issue investigative subpoenas prior to the issuance of a notice
				of contemplated action and to employ experts with regard to pending
				investigations.
D. Upon completion
				of the investigation, the compliance staff or investigator will prepare a
				report which includes its factual findings and conclusions on any violations of
				the Private Investigations Act and rules, all relevant exhibits, and a
				recommendation to the superintendent as to a course of action regarding the
				compliant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.12 - DEPARTMENT ACTION ON A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the department determines after
				investigation, that there is not sufficient evidence or cause to issue a notice
				of contemplated action, or other disciplinary action, the case shall be closed
				and the department's assigned compliance staff shall send a letter of the
				decision to both the complainant and respondent. The letter will state the
				department's decision and that the decision is final unless new evidence is
				presented.
B. If the department
				determines that there is sufficient evidence or cause to issue a notice of
				contemplated action, the department may send a referral to the office of the
				attorney general by forwarding a complete copy of the investigation file,
				including exhibits, for assignment of an administrator prosecutor.
C. The department may take any other action
				with regard to a complaint which is within its authority, including referring
				the complaint to the attorney general for injunctive proceedings; or referring
				the complaint to the attorney general or a district attorney for criminal
				prosecution of persons alleged to be engaging in business regulated by the
				Private Investigations Act who fraudulently makes a representation as being a
				licensee or registrant, represents employment by a licensee, or violates a
				mandatory requirement set forth in statute or rule subject to criminal
				penalties.
D. At the discretion of
				the superintendent, the complaint may be referred to a subject matter expert or
				to the advisory board for review.
(1) Any
				appointed subject matter expert or advisory board member who believes that they
				are not capable of judging a particular complaint fairly on the basis of the
				member's own circumstances shall not participate in the decision to consider
				the facts and circumstances of the complaint or to issue a notice of
				contemplated action and must not participate in the final recommendation to the
				superintendent.
(2) Where the
				appearance of impropriety or any violation of the government conduct act may
				occur, an advisory board member shall recuse from any consideration of the
				complaint, the hearing, deliberation or recommendation to the decision of the
				department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.13 - DEPARTMENT REVIEW AND ACTION UPON APPLICANT BACKGROUND CHECK RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				will review each application received pursuant to 16.48.2 NMAC.
B. If the department determines that
				additional documentation is required because the application is not complete,
				or if the department has any questions about the application, the department
				may request that the applicant provide a written clarifying statement or
				additional documentation including any additional documents or written
				clarifying statements related to federal or department of public safety
				background check results.
C. The
				department will refer to the office of the attorney general for notice of
				contemplated action, any applications that produce evidence of a violation of
				the Private Investigations Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.14 - 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 individual from receiving or retaining a license or registration issued by
				the department, for:
(1) private
				investigations company, and private patrol company, includes individuals or all
				owners, officers or directors or members of the entity: a felony offense
				including an offense involving dishonesty or involving an intentional violent
				act or illegal use or possession of a deadly weapon;
(2) private investigator, and private
				investigations manager: a felony offense including an offense involving
				dishonesty or an intentional violent act or illegal use or possession of a
				deadly weapon;
(3) polygraph
				examiner: a felony involving an intentional violent act or the illegal use or
				possession of a deadly weapon;
(4)
				private patrol operator or private patrol operations manager: a felony offense
				including an offense involving dishonesty or intentional violent act or illegal
				use or possession of a deadly weapon;
(5) private investigations employee: a felony
				involving an intentional violent act or illegal use or possession of a deadly
				weapon; and
(6) security guard
				level one, level two, and level three: a felony offense, including an offense
				involving dishonesty or involving an intentional violent act or illegal use or
				possession of a deadly weapon.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.15 - DISIPINARY ACTIONS ARE PUBLIC RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Any disciplinary action including complaints, witness
				  statements, supporting documents, pre-NCA settlement agreements, or post-NCA
				  settlement agreements, are public record unless expressly exempt under the
				  Inspection of Public Records Act. Final pre-NCA settlement agreements and final
				  orders issued by the superintendent may be posted on the department's
				  website.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 9 - DISCIPLINARY PROCEEDINGS › Section 16.48.9.16 - UNIFORM LICENSING ACT PROTECTION FROM LIABILITY FOR COMPLAINANT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Subsection G of Section
				  61-1-7
				  NMSA 1978, There shall be no liability on the part of, and no action for
				  damages against, a person who provides information to the department in good
				  faith and without malice in the reasonable belief that such information is
				  accurate. An applicant, a licensee or registrant, who directly or through an
				  agent intimidates, threatens, injures or takes any adverse action against a
				  person for providing information to the department shall be subject to
				  disciplinary action.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public, all individuals certified/licensed as a
				  certified public accountant (CPA) or registered public accountant (RPA),
				  individuals seeking to be a CPA and all CPA/RPA business entities registered as
				  a firm or seeking registration as a CPA/RPA firm with the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Accountancy Act, Sections
				  61-28B-1
				  to
				  61-28B-29
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Chapter 16, Part 1 is to establish the
				  general provisions for the rules filed in this chapter; provide definitions of
				  terms for rules filed in this chapter; delineate the headquarters location of
				  the board and board operations; and prescribe board fees for public accountancy
				  board certification, licensing and firm registration actions, and board
				  services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Acceptance letter"
means a document issued by the sponsoring
				organization indicating the peer review report has been accepted and, if
				applicable, any remedial/corrective actions to be agreed to and completed by
				the firm.
B.
"Accounting and
				auditing services"
for peer review purposes means providing any one or
				more of the following:
(1) engagements
				performed in accordance with the "statements on auditing standards";
(2) engagements, other than preparation
				services, performed in accordance with the "statements on standards for
				accounting and review services";
(3) examination, review or agreed upon
				procedures engagements performed in accordance with the "statements on
				standards for attestation engagements"; or
(4) engagements performed in accordance with
				public company accounting oversight board (PCAOB) standards that are not
				subject to PCOAB permanent inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.8 - HEADQUARTERS OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
The headquarters, administrative offices, and staff of the
				  board shall be physically located at 5500 San Antonio Dr. NE, Suite A,
				  Albuquerque, New Mexico, 87109 or a subsequent location subject to the board's
				  approval and ratification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.9 - BOARD OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may meet at least 6 times each year. The chair or a quorum of the board
				shall have the authority to call meetings of the board. The board shall follow
				and apply the rules of procedure of the State of New Mexico Open Meetings Act,
				Sections
				10-15-1
				to
				10-15-4, as
				regards notice and conduct of meetings.
B. The board shall elect annually from among
				its members a chair, vice-chair, secretary/treasurer and such other officers as
				the board may require. The officers shall assume the duties of their respective
				offices at the conclusion of the meeting at which they were elected. Board
				officers shall serve a term of 1 year but shall be eligible for
				reelection.
C. The chair or, in the
				event of the chairs absence or inability to act, the vice-chair shall preside
				at all meetings of the board. The board shall determine duties of other
				officers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.10 - FEES AND OBLIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Fees charged by the board shall be as follows.
A. Fees set by the board for CPA examination
				applicants shall not unreasonably exceed the amount required for the board to
				operate CPA examination administration on a break even basis, but in no case
				shall the fee be less than the states cost of procuring and administering the
				exam.
B. Initial examination
				qualification review under Section 27F of the act shall be $75.
C. Delinquency fee for incomplete or
				delinquent continuing education reports, certificate/license or firm permit
				renewals under Section 27D of the act shall be $100.
D. Certificate application under Section 27B
				of the act shall be: initial certificate, $175; certificate renewal,
				$130.
E. No annual renewal fee
				shall be assessed for an individual who holds an inactive certificate and who
				has reached the age of 70.
F. Firm
				permit application or renewal fee under Section 27C of the act shall be $75 for
				each firm, regardless of form of entity.
G. Firm permit renewal delinquency fee under
				Section 27C of the act shall be $100 and includes all practitioners whose
				renewal applications are delinquent.
H. Certificate/license/ firm permit
				reinstatement fee under Section 27H of the act shall be $175. For
				certificate/individual license reinstatements only, reinstatement fee and an
				additional fee of the current years renewal fee. No delinquency fee shall be
				assessed.
I. Continuing
				professional education waiver and reentry into active certificate status and to
				comply with continuing professional education under Sections 27H and 27I of the
				act shall not exceed $75 each occurrence.
J. Administrative fees for services under
				Section 27F shall be:
(1) list of certificate
				or permit holders, $250;
(2)
				duplicate or replacement certificate card or permit card, $10 each;
(3) duplicate or replacement wall
				certificate, $25 each;
(4) board
				evaluation of coursework for continuing professional education credit, $50 per
				hour of board staff research and study;
(5) certificate application package for
				reciprocity, $20 each;
(6) grade
				transfer candidates, $75 each;
(7)
				replacement packages for by-examination candidates, $75 each;
(8) copies of combined Accountancy Act and
				board rules, $10 each;
(9) copies
				of records and documents, $.25 per page; and
(10) the board may, at its discretion, charge
				for other administrative costs as it deems appropriate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 1 - GENERAL PROVISIONS › Section 16.60.1.11 - PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
All requests for licensure transactions and all documentation
				  for licensure purposes must be made on prescribed forms.
A. PAB 1 - Application for a New Mexico CPA
				Certificate by Examination.
B. PAB
				2 - Application for a New Mexico CPA Certificate by Grade Transfer.
C. PAB 3 - Application for a New Mexico CPA
				Certificate by Reciprocity.
D. PAB
				4 - Application for Renewal of a Current New Mexico CPA Certificate.
E. PAB 5 - Application for Reinstatement of a
				Cancelled New Mexico CPA Certificate.
F. PAB 6 - Application for Change of
				Certificate Status.
G. PAB 7 -
				Application for Firm Permit.
H. PAB
				8 - Firm Permit Renewal Application.
I. PAB 9 - Application for Reinstatement of
				an Expired Firm Permit.
J. PAB 11 -
				Interstate Exchange of Information Form.
K. PAB 12 - Work Experience Verification
				Form.
L. PAB 13 - Interstate
				Notification of Verifying CPA's License.
M. PAB 14 - Report of Continuing Professional
				Education.
N. PAB 15 - Interstate
				Verification of Examination Scores.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public: all individuals seeking to become a certified
				  public accountant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Accountancy Act, Sections
				  61-28B-1
				  to
				  61-28B-29
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2002, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To delineate uniform CPA examination application procedures,
				  education requirements, examination administration, and board procedures for
				  dealing with cheating on the CPA examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.8 - APPLICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may contract as its agent CPA examination services (CPAES), the national
				association of state boards of accountancy (NASBA), or the American institute
				of certified public accountants (AICPA) or other entities it deems appropriate
				to undertake any aspects of examination development, delivery, administration,
				qualification, or application that the board considers necessary and
				appropriate in its oversight and administration of the uniform CPA
				examination.
B. Applicants for the
				CPA examination shall meet the requirements of Section 8 of the act and the
				provisions set forth in this rule.
C. An application will not be considered
				filed until all application/qualification fees and examination fees required by
				these rules and all required supporting documents have been received, including
				photographs, official transcripts, and proof that the applicant has completed
				the education requirement.
D. An
				applicant who fails to appear for the examination shall forfeit all fees
				charged for both the application and the examination.
E. Prospective applicants for the CPA
				examination shall demonstrate to the board's satisfaction that all education
				requirements are met.
F. The board
				or its designee shall forward notification of eligibility to NASBA's national
				candidate database.
G. Upon
				registering for any section of the examination, an applicant must sit for that
				section of the examination within six months from the date on which he is
				deemed eligible to sit for that section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.9 - EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After July 1, 2008, Section 8C of the act requires an applicant for the uniform
				CPA examination to hold a baccalaureate degree or its equivalent conferred by a
				college or university acceptable to the board, with 30 semester hours in
				accounting or the equivalent as determined by the board.
B. After July 1, 2008, Section 8C of the act
				requires an applicant for a certificate to have at least 150 semester hours of
				college education or its equivalent earned at a college or university
				acceptable to the board. Any course for which credit has been awarded by the
				institution will be accepted toward meeting the 150-semester hour
				requirement.
C. The board will
				accept not fewer than 30 semester hours of accounting or audit related courses
				(3 semester hours may be in business law), without repeat, from a
				board-recognized educational institution. The recognized educational
				institution must have accepted them for the purposes of obtaining a
				baccalaureate degree or equivalent, and they must be shown on an official
				transcript.
D. A prospective CPA
				examination or CPA certificate candidate is considered as graduating from an
				accredited college or university acceptable to the board if, at the time the
				educational institution grants the applicant's degree, it is accredited at the
				appropriate level as outlined in these rules. As used in these rules,
				"accreditation" refers to the process of quality control of the education
				process. There are 3 different levels of accreditation referred to in these
				rules, and the degree to which the board relies on accreditation differs
				according to the level at which the degree granting institution is accredited.
				In reviewing and evaluating a candidate's educational credentials, the board
				may rely on accreditation by an accrediting agency at 3 different
				levels.
E. Level 1 accreditation is
				associated with the four-year, degree-granting college or university itself.
				The institution must be accredited by 1 or more of the following
				board-recognized regional accrediting agencies (or successor agencies):
(1) middle states association of colleges and
				secondary schools;
(2) New England
				association of schools and colleges;
(3) north central association of colleges and
				secondary schools;
(4) northwest
				association of schools and colleges;
(5) southern association of colleges and
				schools;
(6) western states
				association of schools and colleges; and
(7) accrediting council for independent
				colleges and schools.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.10 - EXAMINATION ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Time and place of examination: Eligible applicants shall independently contact
				a test center operator identified by the board to schedule the time and place
				for the examination at an approved test site. Candidates may retake a test
				section once their score for any previous attempt of that same test section has
				been released.
B. Examination
				subjects: The examination required by the act shall test the knowledge and
				skills required for performance as an entry-level certified public accountant
				and shall include the subject areas of accounting and auditing and such related
				subjects as the board may require.
C. Provisional scores shall be released to
				the candidate following each test. All examination scores shall be considered
				provisional until approved by the boards administrative staff. Scores must be
				approved by the boards administrative staff prior to the issuance of
				certificates requiring such scores.
D. Pursuant to paragraph 1 of subsection D of
				1.18.420.431 NMAC, once provisional scores have been approved by the board,
				they shall remain on file for 10 years beyond the date on which the final
				section of the examination was passed. If the candidate does not apply for an
				initial license within five years of passing the final section of the
				examination, the scores will be presented to the Board to determine
				validity.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 2 - CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS › Section 16.60.2.12 - CPA EXAMINATION CHEATING

Current through Register Vol. 35, No. 13, July 16, 2024
Cheating by an applicant in applying for or taking the
				  examination will be deemed to invalidate any grade otherwise earned by a
				  candidate on any part of the examination and may warrant summary expulsion from
				  the examination and disqualification from taking the examination for a
				  specified number of subsequent sittings.
A. For purposes of this rule, the following
				actions, among others, may be considered cheating:
(1) falsifying or misrepresenting educational
				credentials or other information required for admission to the
				examination;
(2) communication
				between candidates inside or outside the examination room while the examination
				is in progress;
(3) communication
				with others outside the examination room while the examination is in
				progress;
(4) substitution of
				another person to sit in the examination room in the stead of a candidate and
				write one or more of the examination papers;
(5) possession of or reference to crib
				sheets, textbooks, electronic devices or other material inside or outside the
				examination room while the examination is in progress;
(6) copying or attempting to copy another
				candidate's answers;
(7) failure to
				cooperate with testing officials;
(8) any conduct that violates the standards
				of test administration or violates the verbal or written instructions given by
				examination administrators; or
(9)
				bringing prohibited items into the examination site.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 3 - LICENSURE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 16.60.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public: Individuals seeking to become certified
				  public accountants (CPAs) CPAs and registered public accountants (RPAs) seeking
				  to maintain their New Mexico certificate/license status through continuing
				  professional education (CPE).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 3 - LICENSURE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 16.60.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
1999 Public Accountancy Act, Sections
				  61-28B-1
				  to
				  61-28B-29
				  NMSA 1978
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 3 - LICENSURE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 16.60.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2002, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 60 - PUBLIC ACCOUNTANTS › Part 3 - LICENSURE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 16.60.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Protect the public interest by implementing provisions of the
				  1999 Public Accountancy Act (act) which provide for initial application
				  issuance and renewal of CPA and RPA certificates/licenses; reinstatement of
				  expired, cancelled, suspended or revoked CPA/RPA certificates; application and
				  issuance of CPA certificates through interstate and international reciprocity;
				  establishment of intent to practice privilege under substantial equivalency;
				  maintenance of professional competency through continuing professional
				  education (CPE) of CPA and RPA certificate/license holders; and change of
				  status application procedures between active/inactive or retired
				  status.