New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.14 - DISQUALIFYING CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Convictions for any of the following
				criminal offenses, or their equivalents in any other jurisdiction, are
				disqualifying criminal convictions that could disqualify an applicant from
				receiving a license, or a licensee from retaining a license, issued by the
				board:
(1) murder;
(2) manslaughter;
(3) assisting suicide;
(4) aggravated assault;
(5) assault with intent to commit a violent
				felony;
(6) aggravated battery
				inflicting great bodily harm or with deadly weapon;
(7) injury to a pregnant woman;
(8) aggravated assault upon a school
				employee;
(9) assault with intent
				to commit a violent felony upon a school employee;
(10) aggravated battery upon a school
				employee;
(11) aggravated battery
				upon a sports official;
(12)
				aggravated assault upon a health care worker;
(13) assault with intent to commit a violent
				felony upon a health care worker;
(14) battery upon a health care
				worker;
(15) aggravated battery
				upon a health care worker;
(16)
				assisting or being assisted by one or more other persons to commit a battery
				upon a health care worker;
(17)
				assault against a household member with intent to commit a violent
				felony;
(18) aggravated battery
				against a household member;
(19)
				3rd or subsequent conviction for battery against a household member;
(20) 2nd or subsequent conviction for
				stalking;
(21) aggravated
				stalking;
(22)
				kidnapping;
(23) criminal use of
				ransom;
(24) abandonment of a child
				resulting in death or great bodily harm;
(25) abuse of a child;
(26) negligent abuse of a child resulting in
				death;
(27) intentional abuse of a
				child 12 to 18 years old resulting in death;
(28) intentional abuse of a child less than
				12 years old resulting in death;
(29) sexual exploitation of
				children;
(30) sexual exploitation
				of children by prostitution;
(31)
				seizing or exercising control of a bus by force or violence or by threat of
				force or violence;
(32)
				intimidating, threatening or assaulting any driver, attendant, guard or
				passenger of a bus with the intent of seizing or exercising control of a
				bus;
(33) a felon in possession of
				a firearm;
(34) false reporting,
				causing great bodily harm, of a fire or explosion or the placement of any
				incendiary device;
(35) promoting
				prostitution;
(36) accepting the
				earnings of a prostitute;
(37)
				criminal sexual penetration;
(38)
				criminal sexual contact;
(39)
				criminal sexual contact of a minor;
(40) aggravated indecent exposure;
(41) incest;
(42) disturbing a marked burial
				ground;
(43) desecration of a
				church;
(44) larceny;
(45) robbery;
(46) burglary;
(47) aggravated burglary;
(48) fraud;
(49) unlawful dealing in federal food coupons
				or WIC checks;
(50)
				embezzlement;
(51)
				extortion;
(52) forgery;
(53) receiving stolen property;
(54) falsely obtaining services or
				accommodations;
(55) improper sale,
				disposal, removal or concealing of encumbered property;
(56) shoplifting;
(57) theft of identity;
(58) theft of a credit card by taking or
				retaining possession of card taken;
(59) fraudulent transfer or receipt of a
				credit card;
(60) dealing in credit
				cards of another;
(61) forgery of a
				credit card;
(62) fraudulent
				signing of credit cards or sales slips or agreements;
(63) fraudulent use of a credit
				card;
(64) certain fraudulent acts
				by merchants or their employees;
(65) possession of 4 or more incomplete
				credit cards or machinery, plates or other contrivance;
(66) fraudulent acts to obtain or retain
				possession of rented or leased vehicle or other personal property;
(67) fraudulent refusal to return a leased
				vehicle or other personal property;
(68) unlawful taking of a vehicle or motor
				vehicle;
(69) embezzlement of a
				vehicle or motor vehicle;
(70)
				fraudulently obtaining a vehicle or motor vehicle;
(71) receiving or transferring a stolen
				vehicle or motor vehicle;
(72)
				altering or changing engine or other numbers of vehicle or motor
				vehicle;
(73) arson or negligent
				arson;
(74) aggravated
				arson;
(75) transporting stolen
				livestock;
(76) 3rd conviction for
				unlawful demonstrations or protests at funerals and memorial
				services;
(77) sabotage;
(78) escape from penitentiary;
(79) possession of deadly weapon or explosive
				by prisoner in lawful custody;
(80)
				assault with intent to commit a violent felony upon a peace officer;
(81) battery upon a peace officer;
(82) aggravated battery upon a peace
				officer;
(83) disarming a peace
				officer;
(84) paying or receiving
				public money for services not rendered;
(85) unlawful interest in a public
				contract;
(86) bribery of public
				officer or public employee;
(87)
				demanding or receiving bribe by public officer or public employee;
(88) bribery or intimidation of a
				witness;
(89) retaliation against a
				witness;
(90) acceptance of a bribe
				by a witness;
(91)
				perjury;
(92) tampering with public
				records;
(93) attempt to commit a
				felony;
(94) conspiracy;
(95) criminal solicitation;
(96) intentionally trafficking controlled
				substances;
(97) intentionally
				distributing a controlled substance to a person under the age of eighteen
				years;
(98) intentionally
				distributing or possessing with intent to distribute a controlled
				substance;
(99) manufacturing,
				distributing or possessing with intent to distribute an imitation controlled
				substance;
(100) intentionally
				selling an imitation controlled substance to a person under the age of eighteen
				years;
(101) intentionally
				possessing an imitation controlled substance with the intent to
				distribute;
(102) issuing a
				worthless check;
(103) child
				solicitation by electronic communication device;
(104) criminal sexual communication with a
				child;
(105) 2nd or subsequent
				unauthorized distribution of sensitive images;
(106) failing to disclose facts or change of
				circumstances to obtain public assistance;
(107) unlawful use of food stamp
				identification card or medical identification card;
(108) misappropriating public
				assistance;
(109) making or
				permitting a false claim for reimbursement of public assistance
				services;
(110) failure to
				reimburse the human services department upon receipt of third party
				payment;
(111) soliciting or
				receiving illegal kickback;
(112)
				offering or paying illegal kickback;
(113) engaging in a pattern of racketeering
				activity;
(114) making, conspiring,
				or attempting to make an extortionate extension of credit;
(115) knowingly advancing money or property
				to any person with reasonable grounds to believe that it is the intention of
				that person to use the money or property so advanced for the purpose of making
				extortionate extensions of credit;
(116) knowingly participating, conspiring, or
				attempting to participate in the use of any extortionate means to collect any
				extensions of credit or to cause harm to the person, reputation or property of
				any person for the nonpayment thereof;
(117) falsification of documents in
				connection with the Medicaid Fraud Act;
(118) obstruction of investigation in
				connection with the Medicaid Fraud Act;
(119) medicaid fraud;
(120) computer access with intent to defraud
				or embezzle;
(121) computer
				abuse;
(122) abuse of a care
				facility resident;
(123) neglect of
				a care facility resident;
(124)
				exploitation of a care facility resident's property;
(125) fraudulent telemarketing;
(126) money laundering;
(127) human trafficking;
(128) willfully or knowingly failing to
				comply with the registration or verification requirements of the Sex Offender
				Registration and Notification Act;
(129) willfully or knowingly providing false
				information when complying with the registration or verification requirements
				of the Sex Offender Registration and Notification Act;
(130) homicide by vehicle;
(131) great bodily harm by vehicle;
(132) injury to pregnant woman by
				vehicle;
(133) 4th or subsequent
				driving under the influence of intoxicating liquor or drugs;
(134) practicing medicine without a
				license;
(135) making a false
				statement under oath, or submitting a false affidavit, in connection with the
				Medical Practice Act;
(136)
				knowingly and willfully obtain information on a consumer from a credit bureau
				under false pretenses; or knowingly and willfully provide information
				concerning a consumer from the credit bureau's files to a person or firm not
				authorized to receive that information;
(137) knowingly and willfully obtain
				information on a consumer from a credit bureau under false pretenses; or
				knowingly and willfully provide information concerning a consumer from the
				credit bureau's files to a person or firm not authorized to receive that
				information;
(138) offering a bribe
				connected with or incidental to any election;
(139) willful violation of any provision of
				the Model State Commodity Code;
(140) willful violation of the New Mexico
				Uniform Securities Act;
(141) an
				act or omission, with intent to defraud, expressly declared to be unlawful by
				the Banking Act;
(142) knowing
				violation of any provision of the Savings and Loan Act, with intent to
				defraud;
(143) certain acts by
				credit union executive officer, director, committee member, employee or
				agent;
(144) maliciously and
				knowingly spreading false reports or uttering false statements about the
				management or finances of any credit union;
(145) making a false statement in writing for
				the purpose of obtaining credit union funds;
(146) the supervisor or any examiner,
				inspector, deputy, assistant or clerk appointed or acting under the provisions
				of the Savings and Loan Act who fails to keep secret any facts or information
				regarding an association obtained in the course of an examination or by reason
				of his official position, except when the public duty of the officer or
				employee requires him to report upon or take official action regarding the
				affairs of the association examined, or who willfully makes a false official
				report as to the condition of an association;
(147) any person who knowingly makes, utters,
				circulates or transmits to another, or others, any statement untrue in fact,
				derogatory to the financial condition of any association subject to the Savings
				and Loan Act or any federal association in this state with intent to injure the
				financial institution, or who counsels, aids, procures or induces another to
				originate, make, utter, transmit or circulate any such statement with like
				intent;
(148) any person who
				knowingly makes, utters, circulates or transmits to another, or others, any
				statement untrue in fact, derogatory to the financial condition of any
				association subject to the Savings and Loan Act or any federal association in
				this state with intent to injure the financial institution, or who counsels,
				aids, procures or induces another to originate, make, utter, transmit or
				circulate any such statement with like intent;
(149) certain violations of the Mortgage Loan
				Company Act;
(150) second or
				subsequent conviction for unlicensed activity contrary to the New Mexico
				Mortgage Loan;
(151) violation of
				the Endowed Care Cemetery Act;
(152) certain violations of the Mortgage Loan
				Company Act;
(153) certain
				violations of the Uniform Money Services Act;
(154) making an unauthorized withdrawal from
				the account of another person with a financial institution, or stealing the
				card of another, or making an unauthorized use of the card of
				another;
(155) use of a name or
				title containing the phrase "credit union" or any derivation thereof,
				representing a business or individual as a credit union or conducting business
				as a credit union except as permitted by law;
(156) practicing or attempting to practice
				dentistry without complying with the Dental Health Care Act and without holding
				license to practice dentistry in New Mexico;
(157) practicing, attempting or offering to
				practice osteopathic medicine with a suspended or revoked osteopathic medicine
				license;
(158) practicing or
				attempting to practice osteopathic medicine without complying with the
				Osteopathic Medicine Act and without holding a license;
(159) intent to defraud uses on a public
				security or instrument of payment;
(160) misuse of public funds;
(161) bribery of public officer or public
				employee;
(162) misuse of public
				funds;
(163) tax Fraud;
(164) requesting money, thing of value or
				promise in exchange for performance of official act;
(165) official act for personal
				gain;
(166) excavation of unmarked
				burials w/o permit;
(167) provides
				false information or violates provisions of Vital Statistics Act;
(168) intentionally falsifies, forges,
				conceals, defaces or obliterates a document of anatomical gift, an amendment or
				revocation of a document of an anatomical gift, or a refusal, for personal
				gain, commits a third degree felony;
(169) knowingly purchases or sells a part for
				transplantation or therapy if removal of a part from an individual is intended
				to occur after the individual's death;
(170) making false statement in claim for
				payment under Indigent Hospital and County Health Care Act;
(171) unauthorized obtain or use of DNA
				samples or DNA records;
(172) sex
				offender who fails to comply with SORNA re moving to another state;
(173) certain violations of the Hazardous
				Waste Act;
(174) certain violations
				of the Air Quality Control Act;
(175) certain violations of the Solid Waste
				Act;
(176) injuring or threatening
				to injure a customer's credit because the customer refuses to pay charges
				resulting from cramming or slamming (telecommunications services);
(177) giving false testimony or information
				as to any matter material to an examination by the Superintendent of
				Insurance;
(178) willfully making a
				false or fraudulent statement in any verified report or declaration under oath
				in connection with fraternal benefit societies;
(179) making a false entry in a book, report
				or statement of an insurer with intent to injure, defraud, or
				deceive;
(180) unlawfully removing
				or attempting to remove records, assets, or material from a domestic
				insurer;
(181) certain violations
				of the Sale of Insurance Securities Law;
(182) making a false statement in connection
				with insurance with the effect of causing a loss to the insurer;
(183) improper disposition of certain court
				funds;
(184) jury
				tampering;
(185) an officer of a
				company who certifies that a document is true and correct, knowing the same to
				be false, or any person who forges the name of an officer the seal of a
				company