reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Landscape Architects, P.O. Box 25101,
				  Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 16.44.9 NMAC apply to all licensees and
				  applicants for such registration or certification licensure. These provisions
				  may also be of interest to anyone who may wish to file a complaint against a
				  licensee of this board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to Landscape and Architects
				  Act, Sections 61-24 B12, and Section 61-24 B16 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 16.44.9 NMAC is to establish the procedures
				  for filing complaints against a licensee, the authority of the board regarding
				  grounds for denial, suspension, or revocation of a license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.8 - COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inquiries regarding filing of complaints.
(1)
				Inquiries made to the board or to a board member regarding a potential
				complaint will be referred to the board administrator for a response.
(2) Upon receipt of an inquiry, the board
				administrator shall forward to the potential complainant a statement regarding
				the board's jurisdiction, the conduct or grounds for possible action by the
				board against a licensee or applicant, and a complaint form with instructions
				on how to file the complaint. Complaints shall be submitted in writing on the
				prescribed form, signed and notarized, and state the facts upon which the
				complaint is based.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.10 - SURRENDER OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				license is suspended or revoked by the board for any reasonspecified in the
				rules and regulations of the board or in the act, the licensee shall
				immediately surrender his or her license in person or by registered mail to the
				board.
B. If the licensee's scope
				of practice is restricted or limited or otherwise subject to conditions, the
				license may reflect the restriction, limitations, or condition.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 10 of Chapter 44 apply to all
				  applicants for expedited licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 10 is promulgated pursuant to the Landscape Architects
				  Act, Sections
				  61-24B-1 to 17, NMSA 1978
				  (specifically Section
				  61-24B-7 NMSA 1978) and 61-1-31.1
				  and Section
				  61-1-34, NMSA 1978, of the Uniform
				  Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 18, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 is to promote, preserve and protect
				  the public health, safety and welfare by regulating and setting professional
				  standards for applicants for expedited licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Eligible
				jurisdiction"
means:
(1) any state or
				territory of the United States and the District of Columbia, except those
				included in the list of disapproved licensing jurisdictions in
				16.44.10.8 NMAC; and
(2) any foreign country included in
				16.44.10.9
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.8 - LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS FOR DISAPPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicants
				licensed as a landscape architect in the following states and territories of
				the United States or the District of Columbia shall not be eligible for
				expedited licensure under Subsection (D) Section
				61-24B-9 NMSA 1978 of the
				Landscape Architects Act:
(1) Colorado,
				Delaware, Florida, Georgia, Idaho, Massachusetts, Michigan, Mississippi,
				Nevada, Rhode Island, Wisconsin, and Wyoming, on the grounds that the education
				or experience requirements are not consistent with New Mexico's minimum
				requirements for licensure;
(2)
				District of Columbia, on the grounds that education, experience, and
				examination requirements cannot be determined; and
(3) American Samoa and the U.S. Virgin
				Islands, on the grounds that these jurisdictions do not license, register,
				certify, or otherwise regulate landscape architects.
(4) Approved jurisdictions for expedited
				licensure as landscape architect are: Alabama, Alaska, Arizona, Arkansas,
				California, Connecticut, Guam, Hawaii, Illinois, Indiana, Iowa, Kansas,
				Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Montana, Nebraska,
				New Hampshire, New Jersey, New York, North Carolina, North Dakota, Northern
				Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South
				Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington,
				and West Virginia.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.10 - EXPEDITED LICENSURE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for expedited licensure under
				Section 61-1-31.1 NMSA 1978 and Section
				61-24B-7 NMSA 1978 must submit to
				the board a complete application containing all of the following:
(1) a completed and signed application
				form;
(2) proof of a current
				license in good standing in an eligible jurisdiction as defined; and
(3) payment of the required application
				fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.11 - EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENTS AND VETERANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				candidate for expedited licensure under Section
				61-1-34 NMSA 1978 must submit to
				the board a complete application containing all the following:
(1) a completed and signed application
				form;
(2) proof of a current
				license in good standing in another jurisdiction, including a branch of the
				United States armed forces; and
(3)
				submission of the following documentation:
(a)
				for a military service member, a copy of military orders;
(b) for a spouse of a military service
				members: copy of military service member's military orders, and copy of
				marriage license;
(c) for a spouse
				of a deceased military service member, a copy of decedent's DD 214 and copy of
				marriage license;
(d) for a
				dependent child of a military service member, a copy of military service
				member's orders listing dependent child, or a copy of military orders and one
				of the following: a copy of birth certificate, military service member's
				federal tax return or other governmental or judicial documentation establishing
				dependency; or
(e) for veterans,
				retired or separated, proof of honorable discharge such as a copy of DD Form
				214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID card, a
				driver's license or state ID card with a veteran's designation, or other
				documentation verifying honorable discharge.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 10 - EXPEDITED LICENSURE › Section 16.44.10.12 - EXPEDITED LICENSE DURATION AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An expedited license shall be valid for
				the same length of time as a regular initial license issued by the board.
				Initial licenses, including expedited licenses, may be issued for a period
				greater than 12, but less than 24 months, in order to align the license
				expiration date with the board's renewal cycle.
B. A licensee holding an expedited license
				may apply for license renewal in the manner provided by the board's rules,
				provided that, if the licensee holding an expedited license was not required by
				the licensee's original jurisdiction outside of New Mexico to pass the L.A.R.E
				exam, the licensee shall be required to pass the examination prior to renewing
				the license.
C. Upon renewal, the
				board shall issue a regular license to a licensee holding an expedited license
				issued pursuant to board rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Who may apply: Any person who is actively engaged in or who
				  expects to engage actively in library service may apply for a certificate,
				  either with or without examination, and if found competent and qualified, will
				  be granted the certificate applied for.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 1646.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority: Certification of librarians has been a part of
				  New Mexico law since 1947. The New Mexico Laws of 1977, the Executive
				  Reorganization Act, authorizes the State Librarian to prescribe and hold
				  examinations for the certification of librarians or to require submission of
				  credentials to establish the qualifications of those seeking certification as
				  librarians, and to issue certificates of librarianship to qualified
				  persons.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 11. 1981 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Purpose: The purpose of librarian certification is:
A. To secure qualified librarians through the
				setting up of standards.
B. To
				improve the quality of library service in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.8 - BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
The intent of the certification law is to obtain qualified
				  personnel for the state's libraries. The law requires certification for the
				  chief librarian of a public or state agency library only. However,
				  certification is available to those persons other than the chief librarian
				  should they wish it. The benefits accrued to those persons is solely that
				  knowledge they obtain in whatever course work and/or study they undertake to
				  qualify for certification. Being certified carries no additional benefits
				  unless local communities and agencies have allowed for it within their own
				  jurisdictions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.9 - TYPES OF CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permanent Professional Certification: A permanent professional librarian's
				certificate is issued without examination to an applicant who is a graduate of
				a library school accredited by the American Library Association.
B. Grade II Certification:
(1) A Grade II librarian's certificate is
				issued to an applicant without examination when the applicant is a graduate of
				an accredited college or university, and has a major in library science or has
				completed twenty-one (21) semester hours of library science courses beyond the
				requirements of a Grade I certificate.
(2) A Grade II librarian's certificate is
				issued by examination to an applicant who lacks the educational requirements
				for a Grade II certificate if they successfully pass the examination given by
				the State Librarian for a Grade II certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.10 - REQUIRED CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				Permanent Professional Librarian's Certificate is required for the chief
				librarian of any library supported by public funds and serving a municipality
				or other political subdivision having a population in excess of 15,000 persons
				as shown by the last federal decennial census; or Of any state agency or state
				supported institution.
B. A Grade
				II Librarian's Certificate is required for the chief librarian of any library
				supported by public funds and serving a municipality or other political
				subdivision having a population of at least 10,000 but not more than 15,000
				persons, as shown by the last federal decennieal census.
C. A Grade I Librarian's Certificate is
				required for the chief librarian or any library supported by public funds and
				serving a municipality or other political subdivision having a population of at
				least 3,000 persons, but not more than 10,000 persons as shown by the last
				federal decennial census.
D. .
				THESE PROVISIONS DO NOT APPLY TO PUBLIC SCHOOL OR COUNTY LAW
				LIBRARIES.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16 46.2.11 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fee for a
				certificate issued without examination is $5.00. The fee for a certificate
				issued by examination is $10.00. All fee money is deposited with the State
				Treasurer and is used to defray the expenses incurred in the certification of
				librarians.
B. Checks or money
				orders should be made payable to: OCA (Office of Cultural Affairs), Library
				Division, and submitted to the State Librarian together with application and
				transcript if required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.12 - TEST COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				examinations are written. They are given in two parts: Grade I is a four-hour
				examination and is given in the morning; Grade II is an eight-hour examination
				and is given in two parts: the first part Is given in the morning and the
				second part is given in the afternoon.
B. Knowledge In the fields of cataloging,
				reference, administration, public library standards, literature, and book
				selection are examined.
C. A
				suggested bibliography for use as a study guide is provided each applicant. It
				is the applicant's responsibility to secure the study materials.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.13

Current through Register Vol. 35, No. 13, July 16, 2024
The certification examination is given twice each year, the
				  exact dates to be sent and announced by the State Librarian during January of
				  each year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.14

Current through Register Vol. 35, No. 13, July 16, 2024
The passing grade on the examination is 70. Any applicant
				  aggrieved in failing the examination may appeal to the State Librarian within
				  thirty days for review.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.15

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants failing to make the passing grade may take the
				  examinations when next given. No applicant may take the examinations more than
				  three times. The $10.00 fee must be paid each time an application is submitted
				  for examinations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.16

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants for permanent, Grade I and Grade II librarian's
				  certificates without examination must submit certified copies of their college
				  transcripts with their applications.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.17

Current through Register Vol. 35, No. 13, July 16, 2024
Application should be sent to the State Librarian, together
				  with a check or money order to cover the fee, and transcripts if required. The
				  certificate will be issued to the applicant within ninety days after the
				  application is filed in the case of those qualifying without examination; or
				  the applicant will be advised within that period that the application has been
				  denied or why it has not yet been issued. All applications to take the
				  librarian's certification examination shall be filed with the State Librarian
				  not less than thirty (30) days prior to the date for the next
				  examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.18

Current through Register Vol. 35, No. 13, July 16, 2024
All inquiries, supporting documents, and applications should
				  be addressed to:
State Librarian
New Mexico State Librar
P. O. Box 1629
Santa Fe, New Mexico 87503
(Telephone inquiries should be made to the State Librarian's
				  office.)
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.19

Current through Register Vol. 35, No. 13, July 16, 2024
No public funds shall be paid to any library failing to
				  comply with the required provisions of the certification
				  laws.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 46 - LIBRARIANS › Part 2 - LIBRARIAN CERTIFICATION IN NEW MEXICO, RULES AND REGULATIONS › Section 16.46.2.20

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to the latest edition of New Mexico Statutes for the
				  exact wording of the certification law.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons, firms, or associations participating in horse
				  racing in New Mexico. Additional regulations may be cross-referenced in 15.2.1
				  NMAC; 15.2.2 NMAC; 15.2.3 NMAC; 15.2.4 NMAC; 15.2.5 NMAC; 15.2.6 NMAC; and
				  15.2.7 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-1A-5
				  through
				  60-1A-11,
				  NMSA 1978 provides that all persons engaged in racing, or operating a horse
				  racing meeting, and persons operating concession for or under authority of any
				  licensee or employed by the concessionaire shall be licensed by the state
				  racing commission.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish licensing requirements for horse racing
				  participants; and establish and describe the requirements, standards and
				  criteria for human substance abuse testing for occupational licensees licensed
				  by the commission.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.9 - OWNERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensing
				requirements for owners:
(1) Each
				person who has a five- percent or more ownership or beneficial interest in a
				horse is required to be licensed.
(2) If younger than 18 years of age, an
				applicant for an owner's license must submit a notarized affidavit from his/her
				parent or legal guardian stating that the parent or legal guardian assumes
				responsibility for the applicant's financial, contractual, and other
				obligations relating to the applicant's participation in racing.
(3) If submitting an owner's application by
				facsimile, the application shall be notarized. The notarized facsimile shall be
				treated as the original document.
(4) If the commission has reason to doubt the
				financial responsibility of an applicant for an owner's license, the applicant
				may be required to complete a verified financial statement.
(5) Licensed owners are responsible for
				disclosure of the true and entire ownership of each of their horses registered
				with the racing secretary. Any change in ownership or trainer of a horse
				registered with the racing secretary must be approved by the stewards. A new
				owner must comply with all licensing requirements.
(6) The commission may refuse, deny, suspend,
				or revoke an owner's license for the spouse or member of the immediate family
				or household of a person ineligible to be licensed as an owner, unless there is
				a showing on the part of the applicant or licensed owner, and the commission
				determines that participation in racing will not permit a person to serve as a
				substitute for an ineligible person. The transfer of a horse to circumvent a
				commission rule or ruling is prohibited.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.11 - OWNER'S AUTHORIZED AGENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licenses required:
(1) A written authorized agent appointment,
				acknowledged before a notary public must be approved by the board of
				stewards.
(2) A written appointment
				must be filed with the commission office for each owner represented and is not
				transferable to any other partnership, stable name, or
				owner-principal.
(3) A written
				instrument signed by the owner shall clearly set forth the delegated powers of
				the authorized agent. The owner's signature on the written instrument must be
				acknowledged before a notary public.
(4) If the written instrument is a power of
				attorney it shall be filed with the commission office and attached to the
				regular application form.
(5) Any
				changes must be made in writing, notarized and filed as provided in Paragraph
				(3) of Subsection A of 16.47.1.11 NMAC above.
(6) All authorized agent appointments shall
				expire December 31st each year or when terminated by the owner in writing,
				acknowledged before a notary public, and filed with the commission office
				whereupon the agency appointment shall not be valid.
(7) An authorized agent shall be licensed by
				the commission as such and must be a minimum of 18 years old.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.12 - JOCKEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ELIGIBILITY
(1) A jockey must
				pass a physical examination given within the previous 12 months by a licensed
				physician affirming fitness to participate as a jockey. The stewards may
				require that any jockey be reexamined and may refuse to allow any jockey to
				ride pending completion of such examination.
(2) Prior to obtaining a license an applicant
				for a first time jockey or an apprentice jockey license must demonstrate their
				riding ability by participating in five races and must receive prior approval
				from the stewards, the starter, the head outrider, and the designated
				representatives of the jockeys and the horsemen at the track. The demonstration
				of riding competence and ability is defined as a minimum of:
(a) breaking a horse in company from the
				starting gate;
(b) working a horse
				in company from the starting gate;
(c) switching the whip from one hand to the
				other while maintaining control of the horse in a stretch drive; and
(d) causing the horse to switch leads coming
				out of a turn.
(3)
				Failure to demonstrate the required ability shall result in the withdrawal of
				the license.
(4) The stewards may
				authorize a temporary license to ascertain the applicant's riding competence
				and ability.
(5) A jockey shall not
				be an owner or trainer of any horse competing at the race meeting where the
				jockey is riding.
(6) An applicant
				whose weight exceeds 130 pounds at the time of application shall not be issued
				a jockey's license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.13 - JOCKEY AGENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				ELIGIBILITY:
(1) An applicant for a license
				as a jockey agent must be a minimum of 18 years of age, demonstrate to the
				stewards that he/she has a contract for agency with at least one jockey who has
				been licensed by the commission; and be qualified, as determined by the
				stewards or other commission designee, by reason of experience, background and
				knowledge; a jockey agent's license from another jurisdiction may be accepted
				as evidence of experience and qualifications; evidence of qualifications may
				require passing one or more of the following: a written examination; an
				interview or oral examination.
(2)
				Applicants not previously licensed as a jockey agent shall be required to pass
				a written and oral examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.14 - HORSESHOERS ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant for a license as horseshoer must be at least 18 years of age; be
				qualified, as determined by the stewards and horseshoer consultant, by reason
				of experience, background and knowledge of horseshoeing; a horseshoer's license
				from another jurisdiction, having been issued within a prior period as
				determined by the commission, may be accepted as evidence of experience and
				qualifications; evidence of qualifications may require passing one or more of
				the following: a written examination; an interview or oral examination; a
				demonstration of practical skills in horseshoeing.
B. Applicants not previously licensed as a
				horseshoer shall be required to pass a written/oral examination, demonstrate
				practical skills, and submit at least two written statements as to the
				character and qualifications of the applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.15 - PONYPERSON AND EXERCISE RIDER ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant for a license as a pony
				person or an exercise rider must be at least 16 years of age and shall submit
				and pass a drug (controlled substance) and alcohol screening test.
B. Applicants not previously licensed as a
				pony person or exercise rider shall be required to appear before the board of
				stewards for an oral interview.
(1) If
				applicant passes the oral interview, they will be issued a license and placed
				on probation for 30 days. The probation period will commence on the day the
				license is issued.
(2) During this
				30 day probation period, the applicant's riding ability will be observed by the
				outrider on duty. It is the responsibility of the applicant to notify the
				outrider of their presence on the racetrack prior to entering onto the
				racetrack.
(3) Failure for
				applicant to receive approval from both outriders on demonstrating their riding
				ability after the 30 day probation period has lapsed, shall subject the license
				to be revoked.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.16 - PRACTICING VETERINARIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Eligibility:
An applicant for a license as practicing
				veterinarian shall be qualified and licensed to practice veterinary medicine in
				this jurisdiction and be otherwise qualified to be issued a license to
				participate in racing. An application for a practicing veterinarian license
				from the commission must be accompanied by a copy of the applicant's current
				license to practice veterinary medicine.
B.
Responsibility:
(1) All practicing veterinarians
				administering drugs, medications or other substances shall be responsible to
				see that the drugs, medications or other substances, and the veterinary
				treatment of horses are administered in accordance with 15.2.6 NMAC.
(2) All practicing veterinarians shall
				promptly notify the official veterinarian of any reportable disease and any
				unusual incidence of a communicable illness in any horse in his/her
				charge.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.17 - HUMAN DRUG OR CONTROLLED SUBSTANCE AND ALCOHOL TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a licensee has a medical condition which makes it necessary to possess or use a prohibited substance, or prescribed or controlled substance pursuant to Paragraph B of 15.2.6.8 NMAC, the licensee shall provide to the stewards a letter signed by a licensed physician, physician assistant, or nurse practitioner certifying that the consumption of the prohibited, or prescribed, or controlled substances will not adversely affect the divided attention, psychophysical abilities of the licensee, to include but not limited to reaction time and the ability to judge time and distance. The letter must certify that the prohibited, or prescribed, or controlled substance will not affect a licensee's ability to carry out their responsibilities properly and safely while in the performance of their duties which includes being in actual physical control of a large equine animal or operating mechanical equipment on the grounds of the association and will not jeopardize the health, safety and welfare of the other individuals participating.
B.
Restricted activities:
All licensees may be subject to testing for controlled substances, drugs and alcohol. It shall be a violation for a licensee to utilize their commission issued license if the licensee:
(1) is engaged in illegal sale or distribution of alcohol or a controlled substance;
(2) possesses, without a valid prescription, a controlled substance;
(3) is intoxicated or under the influence of alcohol;
(4) is addicted, having been determined to be so by a professional evaluation, to alcohol or other drugs and not engaged in an abstinence-based program of recovery acceptable to the commission;
(5) has in their possession within the association grounds, any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled dangerous substance;
(6) refuses to submit to drug or controlled substances or alcohol testing, or both;
(7) presently has drugs or controlled substances or alcohol in their body.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.18 - TESTING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Controlled Substance and Drug Testing
:
(1) At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the association grounds.
(2) All licensees may be subject to testing for controlled substances and drugs.
(3) No advance notice need be given.
(4) Refusing to test, failing to appear for a test, leaving before the test is over or otherwise failing to cooperate shall be considered a positive test. If this occurs during a race meet, the licensee is subject to and may be ejected from association grounds.
(5) For licensees who are testing under the provisions in this chapter, and whose urine testing shows the presence of drugs or controlled substances shall be confirmed by a laboratory acceptable to the commission.
(6) An association shall provide a drug or controlled substance screening test for all applicants for grooms, exercise riders, jockey valets, starters, assistant starters, ambulance personnel, and pony persons when making application for license. The cost for the drug-screening test will be borne by the applicant payable to the association at a reasonable cost approved by the commission.
(7) The licensee being tested may request a confirmation test when the sample quantity permits. Such request shall be made in writing immediately after a positive result of the test and be directed to the commission agent involved in the testing. The licensee requesting a confirmation test, or their agent, shall be present during the preparation and packing of the sample for delivery to the commission's testing laboratory. The licensee and the commission shall both be notified of the confirmation testing results.
(8)
Chain of custody:
The commission shall provide for a secure chain of custody for the confirmation sample. The commission shall retain ownership of all samples.
(9)
Financial responsibility:
All costs for the transportation and confirmation testing for the sample portion shall be the financial responsibility of the commission, unless otherwise noted in a stewards' ruling.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.19 - ASSESSMENT/TREATMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
A licensee penalized or restricted pursuant to this
				chapter shall retain rights of due process with respect to any determination of
				alleged violations which may adversely affect the right to hold a license. If
				there has been an offense, under
				16.47.1.17
				NMAC, above, the procedures in Subsections B, C and D of
				16.47.1.18
				NMAC will be followed.
B.
First-time offenders:
(1) The
				board of stewards or the commission may, at its discretion, order the licensee
				to obtain a professional assessment to determine whether there is a substantial
				probability that the licensee is dependent on, or abuses, alcohol or other
				drugs or the board of stewards or the commission may act on the information at
				hand.
(2) Actions in the case of
				first offenders may include revocation of the license, suspension of the
				license for up to six months, placing the offender on probation for up to 90
				days or ordering formal assessment and treatment.
(3) Treatment or assessment, if ordered, must
				meet the conditions given in 16.47.1.18.C NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.20 - RELAPSE OF LICENSEE IN RECOVERY PROGRAM GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
Although relapse (failure to maintain abstinence) is not
				  inevitable, it is common for relapse to occur in recovery from alcoholism or
				  other substance dependence. Therefore, a licensee who is engaged in a formal
				  program of recovery, and is compliant with all provisions other than
				  abstinence, will not be regarded automatically as having committed a new
				  offense.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 47 - HORSE RACING LICENSEES › Part 1 - GENERAL PROVISIONS › Section 16.47.1.21 - POST-RELAPSE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				a licensee is determined to have failed in maintaining abstinence, the licensee
				shall furnish to the board of stewards or the commission an assessment by the
				treating agency, hospital or individual practitioner indicating whether the
				licensee was compliant with the agreed upon program of recovery, and an opinion
				as to whether a "new offense" occurred.
B. The board of stewards or the commission
				will determine whether a new offense has occurred in each instance. If a new
				offense has occurred, the board of stewards or the commission will proceed
				under Subsections B or C of
				16.47.1.18
				NMAC. Otherwise, the licensee shall continue in the agreed upon program of
				recovery.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to 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 1 - GENERAL PROVISIONS › Section 16.48.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 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 1 - GENERAL PROVISIONS › Section 16.48.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To define terms relevant to private investigations, when a
				  license is required, persons exempted, custody and alteration of license,
				  transferability, display of license, notification of changes, local
				  regulations, and professional ethical standards.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.8 - CODE OF ETHICS AND CREED OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Code of ethics for private security
				management. As managers of private security functions and employees, we pledge:
(1) to recognize that our principal
				responsibilities are, in the services of our organizations and clients, to
				protect life and property as well as to prevent and reduce crime against our
				business, industry, or other organizations and institutions; and in the public
				interest, to uphold the law and to respect the constitutional rights of all
				persons;
(2) to be guided by a
				sense of integrity, honor, justice and morality in the conduct of business; in
				all personnel matters; in relationships with government agencies, client and
				employers; and in responsibilities to general public;
(3) to strive faithfully to render security
				services of the highest quality and to work continuously to improve our
				knowledge and skills and thereby improve the overall effectiveness of private
				security;
(4) to uphold the trust
				of our employers, our clients, and the public by performing our function within
				the law, nor ordering or condoning violations of law, and ensuring that our
				security personnel conduct their assigned duties lawfully and with proper
				regard for the rights of others;
(5) to respect the reputation and practice of
				others in the private security field, but to expose to the proper authorities
				any conduct that is unethical or unlawful;
(6) to apply uniform and equitable standards
				of employment in recruiting and selecting personnel regardless of race, creed,
				color, sex or age and in providing salaries commensurate with job
				responsibilities and with training, education and experience;
(7) to cooperate with recognized and
				responsible law enforcement and other criminal justice agencies; to comply with
				security licensing and registration laws and other statutory requirements that
				pertain to our business;
(8) to
				respect and protect the confidential and privileged information of employers
				and clients beyond the terms of our employment, except where their interests
				are contrary to law or to this code of ethics;
(9) to maintain a professional posture in all
				business relationships with employers, and clients, with others in the private
				security field, and with members of other professions; and to insist that our
				personnel adhere to the highest standard of professional conduct;
(10) to encourage the professional
				advancement of our personnel by assisting them to acquire appropriate security
				knowledge, education and training;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of these rules or the application thereof to
				  any person or circumstances shall be held to be invalid or unconstitutional,
				  the remainder of these rules and the application of such provisions to other
				  persons or circumstances shall not be affected thereby.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.10 - PRACTICING WITHOUT A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
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 private patrol
				operation employee to make any representation as being a licensee or registrant
				unless the individual is licensed by the department pursuant to the Private
				Investigations Act (Section
				61-27B-1
				NMSA 1978);
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, private patrol operations manager private
				patrol operation employee if the individual's license issued pursuant to the
				Private Investigations Act has expired or been suspended or revoked;
D. falsely represent that the individual is
				employed by a licensee; or
E.
				practice polygraphy for any remuneration without a license issued by the
				department in accordance with the Private Investigations Act.