reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.11 - BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the board determines that it lacks jurisdiction or that there is not sufficient
				evidence or cause to issue a notice of contemplated action, the case will be
				closed. The board's designee will send a letter of the board's decision to both
				the complainant and respondent. The letter will state the board's actions and
				the reasons for its decision.
B. If
				the board determines that there is sufficient evidence or cause to issue a
				notice of contemplated action, the board may vote to issue a notice of
				contemplated action. The board's designee will forward a complete copy of the
				complaint file, including exhibits to the attorney general's office for
				assignment of an administrative prosecutor.
C. The board may take any other action with
				regard to a complaint which is within its authority and which is within the
				law, including referring the complaint to the attorney general for injunctive
				proceedings, or referrals to the attorney general and/or district attorney for
				prosecution of persons alleged to be practicing without a proper
				license.
D. Any board member who is
				partial or who believes he or she is not capable of judging a particular
				controversy fairly on the basis of its own circumstances will not participate
				in the decision whether to issue a notice of contemplated action and will not
				participate in the hearing, deliberation, or decision of the board.
E. Members of the complaint committee will
				not participate in the decision whether to issue a notice of contemplated
				action, other than making a recommendation to the board whether to issue a
				notice of contemplated action, and will not participate in the hearing,
				deliberation, or decision of the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.12 - SETTLEMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The board may enter into a settlement agreement with the
				  respondent as a means of resolving the complaint. Any proposed settlement
				  agreement must be approved by the board, and must be approved further by the
				  respondent, upon a knowing and intentional waiver by the respondent of his or
				  her right to a hearing as provided by the Uniform Licensing Act. The settlement
				  agreement must be signed by the respondent and respondent's attorney, if
				  represented by an attorney. If the respondent is not represented by an attorney
				  then the respondent must acknowledge that he/she has been advised to seek the
				  advice of an attorney.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.13 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All disciplinary proceedings will be
				conducted in accordance with the Uniform Licensing Act.
B. The chair of the board, or its designee,
				will serve as hearing officer for disciplinary proceedings for the purpose of
				administering pre-hearing procedural matters. The hearing officer will be fully
				authorized to make all necessary procedure decisions on behalf of the board,
				including, but not limited to, matters related to discovery, continuances, time
				extensions, amendments, pre-hearing conferences, and proposed findings of fact
				and conclusions of law.
C. The
				hearing officer may make such orders as deemed necessary to implement the
				authority conferred by Subsection B of 16.64.11.13 NMAC, including, but not
				limited to, discovery schedules, pleading schedules, and briefing
				schedules.
D. No party will engage
				in ex-parte communications with the hearing officer or any member of the board
				in any matter in which a notice of contemplated action has been
				issued.
E. Licensees and applicants
				for licensure who have been found culpable and sanctioned by the board will be
				responsible for the payment of all costs of the disciplinary
				proceedings.
F. Any license,
				including a wall certificate, issued by the board and subsequently suspended or
				revoked, will be promptly returned to the board office, in person or by
				registered mail, no later than 30 days of receipt of the board's order
				suspending or revoking the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 12 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.64.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.12 NMAC applies to all licensees and applicants for
				  licensure under the New Mexico Funeral Services Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 12 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.64.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.12 NMAC is adopted pursuant to the New Mexico Parental
				  Responsibility Act, Section
				  40-5A-1 et
				  seq., NMSA 1978 (Ch. 25, Laws of 1995), the New Mexico Funeral Services Act,
				  Section
				  61-32-1 et
				  seq., NMSA 1978 and the Uniform Licensing Act, Section
				  61-1-1 et
				  seq., NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 12 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.64.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.12 NMAC is established to facilitate the operation of
				  the Parental Responsibility Act as it pertains to licensees and applicants for
				  licensure, by delegating authority to issue notices of contemplated action and
				  to refer such cases for administrative prosecution to the board administrator.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 12 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.64.12.8 - DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the board of funeral services to issue a
				  notice of contemplated action against any licensee or applicant for licensure
				  whose name appears on the certified list issued by the New Mexico department of
				  human services, as provided in NMSA 1978, Section
				  40-5A-1,
				  et seq., and as provided further in 16.1.1 NMAC, of the New Mexico
				  Administrative Code, which is incorporated herein by reference, and to refer
				  cases in which notices of contemplated action have been issued for
				  administrative prosecution, is delegated to the administrator of the New Mexico
				  board of funeral services. 16.64.12 NMAC shall not be construed to deprive the
				  board of its authority and power to issue a notice of contemplated action for
				  any apparent violation of the Parental Responsibility Act, and to refer any
				  such case for administrative prosecution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Funeral Services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to expedite
				  licensure for military service members, their spouses, their dependent
				  children, and for veterans pursuant to Section
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated issued pursuant to Funeral
				  Services Act, Chapter 61, Article 32 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.6 - 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 for
				  veterans pursuant to 61-1-34 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.7 - 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 board 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 requirements of the Funeral Services 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 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.8 - 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
				board.
B. The applicant shall
				provide a complete application that includes the following information:
(1) applicant's full name;
(2) current mailing address;
(3) current electronic mail address, if
				any;
(4) pay applicable fees as set
				forth in
				16.64.2.8
				NMAC;
(5) date of birth;
(6) successfully complete the jurisprudence
				examination outlined in Subsection B of
				16.64.5.9
				NMAC.
(7) background check;
				and
(8) proof as described in
				Subsection C below.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 13 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.64.13.9 - 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 16.64.7 NMAC
				pursuant to Chapter 61, Article 32 NMSA 1978.
B. The board will send by electronic mail,
				license renewal notifications to licensees or registrants before the license
				expiration date to the last known email address on file with the board. 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 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Real Estate Appraisers
				  Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All real estate appraisal management companies registered and
				  applying for registration with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Appraisal
				  Management Company Registration Act (NMSA 1978, Sections
				  47-14-1
				  through -23).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 16, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to set forth the provisions, which
				  apply to all of Chapter 65, and to all persons affected or regulated by Chapter
				  65 of Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All words and terms defined in the Appraisal Management
				  Company Registration Act have the same meaning in these rules.
A. Terms starting with the letter 'A' are
				defined as follows:
(1) "Act" means the Real
				Estate Appraisal Management Company Registration Act.
(2) "Applicant" means a company who has
				submitted an application to the board seeking registration.
(3) "Appraisal" means the act or process of
				developing an opinion of the value of real property in conformance with the
				uniform standards for professional appraisal practice published by the
				appraisal foundation.
(4)
				"Appraisal foundation" means the appraisal foundation incorporated as an
				Illinois not-for-profit corporation on November 30, 1987, and which reference
				is made in the federal Financial Institutions Examination Council Act of 1978,
				as amended by Title 11, Real Estate Appraisal Reform Amendments."
(5) "Appraisal management company" (AMC)
				means;
(a) any external third party that
				oversees a network or panel of more than 15 certified or licensed appraisers in
				a state or 25 or more nationally within a given year to:
(i) recruit, select and retain
				appraisers;
(ii) contract with
				appraisers to perform appraisal assignments;
(iii) manage the process of having an
				appraisal performed; or
(iv) review
				and verify the work of appraisers; or
(b) any external third party that contracts
				with a qualifying licensed real estate broker or associate broker as defined in
				Chapter 61, Article 29 NMSA 1978 to provide broker price opinions.
(6) "Appraisal management
				services" means:
(a) to recruit, select, and
				retain appraisers;
(b) to contract
				with licensed and certified appraisers to perform appraisal
				assignments;
(c) to manage the
				process of having an appraisal performed, including providing administrative
				duties such as receiving appraisal orders and appraisal reports, submitting
				completed appraisal reports to creditors and underwriters, collecting fees from
				creditors and underwriters for services provided, and reimbursing appraisers
				for services performed; or
(d) to
				review and verify the work of appraisers.
(7) "Appraisal review" the act or process of
				developing and communicating an opinion about the quality of another
				appraiser's work that was performed as part of an appraisal, or an appraisal
				review.
(8) "Appraisal review
				report" is a report that develops or communicates an opinion about the quality
				of another appraiser work that was performed as part of an appraisal.
(9) "Appraisers Act" means the New Mexico
				Real Estate Appraisers Act as defined in Section
				61-30-1
				NMSA 1978.
(10) "Assignment" means
				one or more real estate appraisals and written appraisal report(s) covered by a
				single contractual agreement for a specified number of properties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.8 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as protected by law, public records shall be available
				  for inspection in accordance with the provisions of the Inspection of Public
				  Records Act (IPRA), NMSA 1978, Sections
				  14-2-1
				  through -12, (1974, as amended through 2009). Cost will be determined by
				  regulation and licensing department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.9 - SEVERABILTY

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of these regulations are servable. If any
				  part of the regulations is held invalid by a court of competent jurisdiction,
				  the remaining provisions shall remain in force and effect, unless otherwise
				  determined by a court of competent jurisdiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 1 - GENERAL PROVISIONS › Section 16.65.1.10 - 1NCORPORATION

Current through Register Vol. 35, No. 13, July 16, 2024
The rules and regulations of the New Mexico real estate
				  appraisers board are hereby incorporated by reference and shall govern all
				  appraisals conducted pursuant the Appraisal Management Company Registration
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Real Estate Appraisers
				  Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All real estate appraisal management companies registered
				  and applying for registration with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the AMC Registration
				  Act (NMSA 1978, Sections
				  47-14-1
				  through -23).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 16, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 is to set forth the requirements for
				  registration, which apply to all persons affected or regulated by Chapter 65 of
				  Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Federally regulated financial institutions: An appraisal
				  management company that is a subsidiary owned and controlled by a financial
				  institution regulated by a federal financial institution regulatory agency
				  shall not be required to register with a state.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.8 - AMC REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each AMC applying to the board for registration
				  shall:
A. designate one controlling
				person (CP) that will submit to service of process;
B. designate one employee in charge (EIC)
				that will be the main contact for all communication between the board and the
				AMC (CP may be designated as the EIC, if that person meets all qualifications
				required by the board);
C. specify
				all entities doing business as (DBA) under the AMC;
D. certify that all appraisers added to the
				panel of the AMC hold a New Mexico license and certificate in good standing as
				an appraiser;
E. the AMC shall
				evaluate all appraisers within the renewal period to ensure that the real
				estate appraisal services are being conducted in accordance with the uniform
				standards of professional appraisal practices and board rules;
F. maintains a board file, containing:
(1) a detailed record of each appraisal
				assignment with the corresponding engagement letter and the independent
				appraiser that performs the real estate appraisal services for the
				AMC;
(2) certification and
				evaluation of all appraisers, as required under Subsections C and D;
(3) list of all non-taxable transaction
				certificates issued;
(4) a detailed
				record of the process and criteria that the AMC has in place to review the work
				of appraisers; and
(5) written
				procedure for contracting with and paying appraisers.
(6) a list of all appraisers who performed an
				appraisal in connection with a transaction secured by a consumer's principal
				dwelling or by an underwriter of or other principal in the secondary mortgage
				markets in New Mexico during the previous year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.9 - OWNER REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An AMC applying forregistration may not be owned by a person or have anyprincipal of the company, who has had a license or certificate to practice as an appraiser refused, denied, canceled or revokedin this state or in any other state.
B. Each person that owns, is an officer of, or has a ten percent or more financial interest in an AMC shall:
(1) attest to an irrevocable consent to service of process criminal history background check: All applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(a) The applicant will register online, through the approved department of public safety website, with the board's Originating Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant will receive a registration confirmation.
(b) Results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
(c) Out-of-State applicants, who are unable to visit an approved live scan fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to the approved live scan fingerprinting facility. The results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.10 - CONTROLLING PERSON (CP) REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to serve as a CP of an AMC, a designee shall:
A. submit to a Criminal history background check: All applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(1) The applicant will register online, through the approved department of public safety website, with the board's Originating Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant will receive a registration confirmation.
(2) Results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
(3) Out-of-State applicants, who are unable to visit an approved live scan fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to the approved live scan fingerprinting facility. The results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.11 - EMPLOYEE IN CHARGE (EIC) REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to serve as the EIC for a registered AMC, a designee shall:
A. not have had a license to practice as an appraiser refused, denied, canceled or revoked in this state or in any other state;
B. submit to Criminal history background check: All applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(1) The applicant will register online, through the approved department of public safety website, with the board's Originating Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant will receive a registration confirmation.
(2) Results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
(3) Out-of-State applicants, who are unable to visit an approved live scan fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to the approved live scan fingerprinting facility. The results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.12 - LETTERS OF ENGAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to placing an assignment for real estate appraisal
				  services, the AMC shall give the appraiser a written letter of engagement that
				  shall include the following minimum requirements. The written letter may be in
				  electronic format.
A. An AMC must
				clearly indicate on each engagement letter that it is a requirement for an
				appraiser to be both product and geographically competent to complete the
				assignment. The acceptance of an assignment will serve as the appraiser's
				attestation that they are competent to accept the assignment. An AMC must
				clearly disclose its registration number on each engagement letter sent to an
				appraiser.
B. An AMC must disclose
				the following fees within the engagement letter sent to an appraiser;
(1) the total fee that will be collected by
				the AMC for the assignment;
(2) the
				total amount that the AMC will retain from the fee charged, disclosed as a
				dollar amount; and
(3) direct the
				appraiser who performs the real estate appraisal activity to disclose in the
				body of the appraisal report:
(a) the total
				compensation, stated as a dollar amount, paid to the appraiser or, if the
				appraiser is employed by an appraisal company, to the appraiser's employer;
				and
(b) the total compensation
				retained by the AMC in connection with the real estate appraisal activity,
				stated as a dollar amount.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.13 - AUDITS

Current through Register Vol. 35, No. 13, July 16, 2024
At the time of registration or renewal the board has the
				  right to examine the books and records of an AMC operating in the state and
				  require the AMC to submit reports, information, and documents to the state at
				  any time after written notice has been sent to the EIC of the AMC. Any costs
				  incurred by the board during an audit may be attributed to the
				  AMC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.14 - KNOWLEDGE OF THE RULES

Current through Register Vol. 35, No. 13, July 16, 2024
All AMC's and designees shall have knowledge of the board
				  rules, and by acceptance of registration shall agree to abide by these
				  rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.15 - AMC NATIONAL REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The Board's staff shall, as required by federal law, report
				  all residential appraisal management companies to the AMC National Registry.
				  For the purposes of this rule, "residential appraisal management company"
				  means, in connection with valuing properties collateralizing mortgage loans or
				  mortgages incorporated into a securitization, any external third party
				  authorized either by a creditor of a consumer credit transaction secured by a
				  consumer's principal dwelling or by an underwriter of or other principal in the
				  secondary mortgage markets, that oversees a network or panel of more than 15
				  certified or licensed appraisers in a state or 25 or more nationally within a
				  given year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 2 - REGISTRATION REQUIREMENTS › Section 16.65.2.16 - NOTIFICATION OF DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A registrant shall notify the board in writing within 30 days
				  after the registrant is notified of any denial, revocation, or suspension of
				  its designation, registration, certificate, or license under any law of any
				  jurisdiction, other than New Mexico, regulating appraisal management companies,
				  the imposition of any other form of discipline under any such law, or the
				  commencement of a disciplinary or enforcement action against the registrant
				  under any such law. The board shall commence disciplinary proceedings and, at
				  the conclusion of those proceedings, determine the extent of the final
				  discipline to be imposed in New Mexico, which may be less or more sever than
				  the discipline imposed by the other jurisdiction that imposed
				  discipline.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Real Estate Appraisers
				  Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All real estate appraisal management companies registered
				  and applying for registration with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the AMC Registration
				  Act (NMSA 1978, Sections
				  47-14-1
				  through 23).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 16, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 is to set forth the provisions for
				  registration, registration renewal and expiration of registration, which apply
				  to all persons affected or regulated by Chapter 65 of Title
				  16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.8 - APPLICATION FOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Incomplete application and fees will be returned to the applicant for supplementation of necessary documentation. All applicants must submit the following documentation to the board:
A. a completed application on a form prescribed by the board;
B. registration fee as provided in Part 5;
C. For each person that owns, is an officer of or has a ten percent or more financial interest in the AMC, the controlling person, and the employee in charge must all submit to a criminal history background check: All applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(1) The applicant will register online, through the approved department of public safety website, with the board's Originating Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant will receive a registration confirmation.
(2) Results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
(3) Out-of-State applicants, who are unable to visit an approved live scan fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to the approved live scan fingerprinting facility. The results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.9 - EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
All registrations shall expire on September 30 of each year. Applications for initial licensure are valid for one year from the date of receipt.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.10 - RENEWAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Incomplete applications will be returned to the applicant
				  for supplementation of necessary documentation. All AMC's shall submit a
				  renewal form on or before their expiration date.
A. Renewals shall submit proof that the EIC
				has successfully completed an AQB approved seven hour USPAP course.
B. Registrations shall be renewed on-line. If
				on-line renewal is a hardship the registrant must contact the board office and
				request an official renewal form.
C. On-line renewal must be completed on or
				before the expiration date. Completed renewal forms must be post-marked or
				delivered to the board office on or before the expiration date.
D. It is the registrant's responsibility to
				renew on or before the expiration date.
E. Incomplete renewal forms will be returned
				to the registrant. Returned renewal forms not completed and returned to the
				board office on or before the expiration date will be considered late and the
				registrant must pay a late fee.
F.
				Ten percent of all renewals will be audited and must submit all documentation
				requested by the board.
G. The
				board will register the AMC renewal with the ASC on their federal registry and
				pay the fee as collected during the renewal process.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.11 - RENEWAL AFTER EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An expired registration may not be renewed
				on-line. To renew after the expiration date the registrant must contact the
				board office and request an official renewal form.
B. An expired registration may be renewed
				within 30 days after expiration upon submission of an official renewal form
				with all necessary documentation, payment of the required renewal fee, and
				payment of a late fee.
C.
				Registrants that do not renew within 30 days after expiration must reapply for
				registration and must meet all the current requirements for initial
				registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 3 - APPLICATION FOR REGISTRATION › Section 16.65.3.12 - BOARD NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Changes of address: registrant shall report immediately to the board in writing
				any change of business address. Failure to do so within 30 days is grounds for
				registration suspension.
B. Change
				of designees or ownership: registrant shall report immediately to the board in
				writing any change of ownership, CP or EIC. New designees shall comply with all
				application requirements. Failure to do so within 30 days is ground for
				registration suspension.
C. Notice
				of action on a panel member must be immediately submitted to the
				board.
D. Effective January 1, 2010
				all AMC currently operating in New Mexico shall be registered by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All real estate appraisal management companies registered
				  and applying for registration with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Appraisal
				  Management Company Registration Act (NMSA 1978, Sections
				  47-14-1
				  through 23).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 16, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 is to set forth the disciplinary
				  provisions, which apply to all persons affected or regulated by the Appraisal
				  Management Company Registration Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.8 - DISCIPLINARY PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may initiate disciplinary action upon:
(1) complaint;
(2) audit finding;
(3) information that the applicant,
				registrant, exempt company, compliance person, or other key person is the
				subject of an order of the board or any other state appraisal management
				company regulatory agency denying, suspending, or revoking the person or
				entity's privilege to operate as an appraisal management company, or
				information as to any other disciplinary action by an agency of another
				jurisdiction responsible for regulating appraisers; and
(4) any other knowledge the board receives of
				an alleged violation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 4 - DISCIPLINE › Section 16.65.4.9 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
hearings shall be conducted pursuant to the Uniform Licensing Act, NMSA 1978, Section  61-1-1 through -31.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All real estate appraisal management companies registered
				  and applying for registration with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Appraisal
				  Management Company Registration Act (NMSA 1978, Sections
				  47-14-1
				  through 23).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 16, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 is to set forth the fees authorized
				  pursuant to the Appraisal Management Company Registration
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees are non-refundable.
A. Initial application fee $1000.
B. Renewal fee $550.
C. Late renewal fee $250.
D. Change of Management fee $50.
E. Duplicate/replacement registration $25.
F. Paper list of all registrants $150.
G. Electronic list of all registrants $125.
H. Administrative fee $50.
I. Official verification of good standing $25.
J. AMC federal registration fee as currently charged by the appraisal subcommittee for federal registry.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.9 - AUDIT

Current through Register Vol. 35, No. 13, July 16, 2024
Any costs incurred by the board during an audit may be
				  attributed to the AMC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 65 - REAL ESTATE APPRAISAL MANAGEMENT COMPANIES › Part 5 - FEES › Section 16.65.5.10 - DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
Registrant shall bear all cost of disciplinary proceeding
				  unless they prevail at the hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 of Chapter 66 is to set forth the
				  provisions which apply to all of Chapter 66 of Title 16 and to define the terms
				  and terminology related to home inspectors used through Chapter 66 of Title
				  16.