reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 4 shall apply to all licensees and
				  applicants for license entitled to notice and hearing under the Uniform
				  Licensing Act, ("ULA"), NMSA 1978 Sections
				  61-1-1
				  through -36 NMSA 1978 and to any interested person who may file a complaint
				  against a licensee or applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Signed Language
				  Interpreting Practices Act, Sections
				  61-34-1
				  through -17 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 21, 2009 unless a later date is cited at the end of
				  this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 is to establish procedures for
				  filing, processing, and investigating complaints against licensees and
				  applicants and establishes procedures for the conduct of disciplinary
				  proceedings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Complaint"
means a complaint filed with the board against an
				applicant for licensure or against a licensee.
B.
"Complainant"
means the party
				who files a complaint against a licensee or an applicant for
				licensure.
C.
"Respondent"
means the applicant for licensure or the licensee who
				is the subject of the complaint filed with the board.
D.
"Hearing"
means the formal
				process whereby the respondent is afforded the opportunity to be heard by the
				board, or its designated hearing officer, before the board takes action which
				might result in the disciplinary action against the respondent's application
				for licensure or their license to practice signed language
				interpreting.
E.
"Violation"
means a violation of the Signed Language Interpreting
				Practices Act or the rules and regulations duly adopted by the board.
F.
Notice of contemplated
				action"
or
"NCA"
means the administrative process provided
				for by the Uniform Licensing Act whereby the respondent is notified of the
				board's intent to take action based upon the alleged violations of practice and
				whereby the respondent is afforded the opportunity for a hearing before the
				board.
G.
"License
				revocation"
means to prohibit the conduct authorized by the
				license.
H.
"License
				suspension"
means to prohibit, for a stated period of time, the conduct
				authorized by the license.
I.
"License restricted subject to conditions"
means to allow the
				conduct authorized by the license for a stated period of time, subject to
				conditions that are reasonably related to the grounds for disciplinary
				action.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The disciplinary process may be instituted by a complaint on
				  a board approved form by any person, including board members and board
				  staff.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.9 - COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inquiries made to the board or to a board member regarding a potential
				complaint will be referred to the board administrator for a response.
B. 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 should be submitted in writing on the
				prescribed form, signed and notarized, and state the facts upon which the
				complaint is based, however, oral complaints may be received and investigated.
				An oral complaint submitted to the board administrator shall be in an audio,
				visual or audiovisual format. After the complaint committee reviews the
				complaint facts and determines there is cause for further investigation, the
				board will have the complaint translated into written English and entered onto
				the form provided by the board, then present the transcription to the
				complainant for clarification and approval. Once approved, the complainant
				shall resubmit the signed, notarized complaint to the board administrator.
				Anonymous complaints will not be investigated, unless the board determines an
				exception is valid due to unusual circumstances.
C. Once a complaint is made, it will come
				under the provisions of this section and cannot be withdrawn.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.10 - INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of the complaint, the board will cause an
				  investigation to be made into the subject complaint by the board's standards of
				  practice committee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.12 - PRIVATE CAUSE OF ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Neither the action nor inaction by the board on any complaint
				  shall preclude the initiation of any private cause of action by the
				  complainant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.13 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the ULA, the board has authority to
				  impose penalties in disciplinary matters. The ULA allows discipline in many
				  forms including but not limited to fines, letters of reprimand, corrective
				  action plans, suspension, and revocation of license.
A. Formal letter of reprimand: The board
				shall have discretionary authority to issue formal letters of reprimand or
				warning instead of revocation or suspension. Issuance of formal letters of
				reprimand shall be subject to the provisions of the ULA and shall be matters of
				public record.
B. Prehearing
				motions: The board may appoint a hearing officer to decide non- dispositive
				motions filed prior to a hearing. Until such time as the board appoints a
				hearing officer, the chair of the board shall serve as hearing
				officer.
C. Settlement agreements:
				Following the issuance of a notice of contemplated action, the board may enter
				into a settlement agreement with the respondent as a means of resolving a
				complaint.
D. Costs of disciplinary
				proceedings: Licensees or applicants shall bear all costs of disciplinary
				proceedings unless they are excused by the board from paying all or part of the
				fees, or if they prevail at the hearing held pursuant to Section
				61-1-3
				NMSA 1978 of the ULA.
E. Uniform
				licensing provisions: In accordance with Subsection G of Section
				61-1-7
				NMSA 1978 of the ULA, a licensee who directly or through an agent intimidates,
				threatens, injures or takes any adverse action against a person for providing
				information to the board shall be subject to disciplinary action.
F. License returned to the board: Any license
				issued by the board must be returned to the board subsequent to revocation or
				suspension. The item(s) listed must be returned in person or by certified mail
				no later than 30 days after the suspension or revocation order to the
				board.
G.
DISQUALIFYING
				CRIMINAL CONVICTIONS
: Convictions for any of the following offense, or
				their equivalents in any other jurisdiction, are disqualifying criminal
				convictions that may disqualify an applicant from receiving a retaining a
				license or certificate by the board.
(1)
				Physical harm to others:
(a) Section
				30-2-1 NMSA
				1978 "Murder";
(b) Section
				30-2-3
				NMSA 1978 "Manslaughter";
(c)
				Section
				30-3-1 NMSA
				1978 "Assault";
(d) Section
				30-3-4 NMSA
				1978 "Battery";
(e) Section
				30-6-1
				NMSA 1978 "Abandonment or abuse if a child";
(f) Section
				30-4-1 NMSA
				1978 "Kidnapping";
(g) Section
				30-4-3 NMSA
				1978 "False imprisonment";
(h)
				Section
				30-9-19
				NMSA 1978 "Sexual assault".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.14 - DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the New Mexico signed language interpreting
				  practices board to refer 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,
				  40-5A-1,
				  et seq, for administrative prosecution is delegated to the administrator of the
				  board. This section 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 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Signed Language
				  Interpreting Practices Board
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any and all individuals licensed under the New Mexico Signed
				  Language Interpreting Practices Act shall abide by the NAD-RID code of
				  professional conduct.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Signed Language
				  Interpreting Practices Act, Section
				  61-34-1
				  through
				  61-34-17.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 21, 2009, unless a later date is cited at the end of
				  this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 is to outline standards in order to
				  preserve integrity and ethical principles of professionals serving the public
				  in the signed language interpreting practices field.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 5 - CODE OF PROFESSIONAL CONDUCT › Section 16.28.5.8 - STANDARDS OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				NON-DISCRIMINATION: The licensee shall provide interpreting services with
				objectivity and with respect for the unique needs and values of an individual;
				the licensee shall avoid discrimination on the basis of factors that are
				irrelevant to the provision of interpreting services, including, but not
				limited to race, creed, sex, age or disability.
B. CREDENTIALS: The licensee shall accurately
				represent their professional qualifications and credentials;
C. COMPLIANCE WITH LAW: The licensee shall
				comply with all laws and regulations concerning the profession.
D. PROFESSIONAL CONDUCT:
(1) Interpreters adhere to standards of
				confidential communication.
(2)
				Interpreters possess the professional skills and knowledge required for the
				specific interpreting situation.
(3) Interpreters conduct themselves in a
				manner appropriate to the specific interpreting situation.
(4) Interpreters demonstrate respect for
				consumers.
(5) Interpreters
				demonstrate respect for colleagues, interns, and students of the
				profession.
(6) Interpreters
				maintain ethical business practices.
(7) Interpreters engage in professional
				development.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 6 - FEES › Section 16.28.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Signed Language
				  Interpreting Practices Act, Section
				  61-34-1
				  through
				  61-34-17.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 6 - FEES › Section 16.28.6.8 - INITIAL APPLICATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A non-refundable application fee is due at the time of each
				  initial application, as outlined below.
A. A fee of $65.00 is required for a
				community signed language interpreter license.
B. A fee of $65.00 is required for an
				educational signed language interpreter license.
C. A fee of $40.00 is required for a
				provisional signed language interpreter license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 6 - FEES › Section 16.28.6.9 - LICENSE RENEWAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				for community signed language interpreter licensure a nonrefundable biennial
				licensure fee of $50.00;
B. for
				educational signed language interpreter licensure a nonrefundable biennial
				license renewal fee of $50.00;
C.
				for provisional signed language interpreter licensure a nonrefundable annual
				compliance review fee of $25.00, limited to four consecutive compliance review
				cycles.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 6 - FEES › Section 16.28.6.10 - OTHER FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Late license
				renewal or compliance review: $20.00.
B. Replacement license: badge or license
				certificate is lost or destroyed: $10.00.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Signed
				  Language Interpreting Practices Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to expedite
				  licensure for military service members, spouses and veterans.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2014 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to expedite licensure for
				  military service members, spouses and veterans pursuant to
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"License"
means a license, registration, certificate of
				registration, certificate, permit or certification.
B.
"Licensing fee"
means a fee
				charged at the time an application for a professional or occupational license
				is submitted to the state agency, board or commission and any fee for the
				processing of an application for such license; "licensing fee' does not include
				a fee for an annual inspection or examination of a licensee or a fee charged
				for copies of documents, replacement license or other expenses related to a
				professional or occupational license.
C.
"Military service member"
:
				means a person who is:
(1) serving in the
				armed forces of the United States as an active duty member or in an active
				reserve component of the armed forces of the United States including the
				national guard, or surviving spouse of a member who at the time of the member's
				death was serving on active duty; or
(2) the spouse of a person who is serving in
				the armed forces of the United State or in an active reserve component of the
				armed forces of the United States, including the national guard, or a surviving
				spouse of a member who at the time of the member's death was serving on active
				duty; or
(3) the child of a person
				who is serving in the armed forces of the United States as an active duty
				member, or in an active reserve component of the armed forces of the United
				States, including the national guard; provided that the child is also a
				dependent of that person for federal income tax purposes; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.8 - 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 completed application
				shall include the following information:
(1)
				applicant's full name;
(2) current
				mailing address;
(3) current
				electronic mail address, if any;
(4) date of birth;
(5) background check if required;
				and
(6) proof as described in
				subsection C below.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.9 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The fee for renewal of community and educational license is $50.00.
B. The fee for compliance review of
				provisional license is $25.00.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.28.7.10 - 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 the issuance and for the renewal of a
				license pursuant to Chapter 61, Articles 2 through 34 NMSA 1978.
B. A renewal application for a community
				signed language interpreter license must include:
(1) proof of current registry of interpreters
				for the deaf (RID) certified member status showing that the licensee holds one
				or more certifications recognized by the RID at the time of renewal with the
				exception of educational certification K-12 (ED: K-12); or
(2) a copy of the applicant's current BEI
				card showing one of the following certifications:
(a) BEI Advanced;
(b) BEI Master;
(c) BEI IV;
(d) BEI V;
(e) BEI Level IV Intermediary; or
(f) BEI Level V Intermediary.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 1 - GENERAL PROVISIONS › Section 16.30.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 1 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 1 - GENERAL PROVISIONS › Section 16.30.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  61-15-4 NMSA 1978 prescribes that
				  "The board.....may make rules not in consistent with law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 1 - GENERAL PROVISIONS › Section 16.30.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to clearly define terminology
				  used within Sections
				  61-15-1 to -13 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 1 - GENERAL PROVISIONS › Section 16.30.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Architect"
means an architect registered in New Mexico as defined
				in Section
				61-15-2 NMSA 1978.
B.
"Architect-of-record"
means
				the architect licensed by the state who is in responsible charge of the
				project, who designs and prepares the construction documents from which the
				building is constructed, and who signs and seals the required
				documents.
C.
"Architectural
				services"
means services for projects located in New Mexico that shall
				be performed by a registered architect or under the architect's responsible
				charge as defined in Section
				61-15-2 NMSA 1978.
D.
"Competence"
means:
(1) in the practice of architecture, an
				architect shall act with reasonable care and competence and shall apply the
				technical knowledge and skill that is ordinarily applied by architects of good
				standing practicing in New Mexico;
(2) an architect shall undertake to perform
				professional services only when the architect, together with those whom the
				architect may engage as consultants, is qualified by education, training and
				experience or ability in the specific technical areas involved; and
(3) an architect shall take into account all
				applicable state and municipal building codes, laws and regulations; an
				architect may rely on the opinion of others (example: attorneys, engineers,
				building officials) as to the intent and meaning of the codes, laws and
				regulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 2 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  61-15-4 NMSA 1978 prescribes that
				  "The board....may make rules not inconsistent with law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to clearly define the
				  organizational structure of the board, the duties of the officers, the
				  committees, types of meetings, order of business, the number needed for quorum,
				  to provide authority to amend the board's rules and regulations, and to define
				  the board's responsibility for publications.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.8 - UNIFORM LICENSING ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Procedures for administration of the New Mexico Architectural
				  Act shall be governed by the provisions of the Uniform Licensing Act, Sections
				  61-15-1 through -31 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.9 - OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall annually elect a chair, vice chair, and a
				  secretary/treasurer who shall be chosen from among its members. Officers shall
				  hold office until their successors have been duly elected and qualified. At the
				  last regular meeting of the fiscal year, officers shall be elected. New
				  officers shall take office on the first day of the fiscal
				  year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.10 - DUTIES OF OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The chair shall:
(1) preside at all regular
				and special meetings, when present;
(2) appoint all committee members, and
				subcommittee members, and their chairpersons;
(3) sign with the secretary/treasurer all
				approved board meeting minutes, all formal certificates of registration and the
				annual report to the governor; and
(4) perform all other duties ordinarily
				pertaining to the office of chair or as herein and hereafter
				prescribed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.11 - COMMITTEES

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to committees listed herein, the board may vote
				  to establish subcommittees as it deems necessary.
A. Rules and regulations committee whose
				responsibilities shall include:
(1) proposed
				statutory changes;
(2) proposed
				amendments or repeals or changes to board rules;
(3) review and draft responses, if
				appropriate, to complaints to the board; and
(4) review investigations of violations of
				the statute and regulations pertaining to the practice of architecture and
				refer complaints to the board with its recommendation for subsequent
				action.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 2 - ORGANIZATION AND ADMINISTRATION › Section 16.30.2.13 - BOARD RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board is responsible for providing
				oversight for all board functions.
B. The board shall appoint the
				director.
C. Publications:
(1) Roster: A roster showing the number and
				addresses of all registered architects shall be prepared by the board and made
				available or sold to the public in accordance with the Architectural Act,
				Subsection E of Section
				61-15-5 NMSA 1978.
(2) Annual report: The chair shall submit an
				annual report to the governor and shall make that report available to all
				registrants and the public, through the board office, pursuant to Section
				61-15-5 NMSA 1978.
(3) Architectural Act, rules and regulations:
				The board shall maintain current editions of the act that will be published as
				often as the board deems necessary. These shall be made available to all
				architects registered in the state of New Mexico and to all applicants applying
				for registration. In addition, notice shall be made to all registered
				architects when changes occur in the statutes or rules and
				regulation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Examiners for
				  Architects.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 3 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  61-15-4 NMSA 1978 prescribes that
				  "The board...may make rules not inconsistent with law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 2023, unless a different date is cited at the
				  end of the section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to clearly establish guidelines
				  and procedures for registration and registration renewal as an architect in New
				  Mexico and for issuance of a duplicate certificate of registration and to
				  provide specifications and guidelines for the use of an individual seal and for
				  document identification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.9 - REGISTRATION THROUGH EDUCATION, TRAINING AND EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Registration standards shall be in accordance with the standards of NCARB as
				described in the latest editions of the NCARB Certification Guidelines and the
				NCARB Education Guidelines.
B.
				Training requirements shall satisfy the NCARB standards of training. The
				applicant shall provide a NCARB architectural experience program AXP record
				number showing enrollment in AXP. The education standard shall be in accord
				with the NCARB guidelines as set forth in the latest edition of the NCARB
				certification guidelines, the NCARB education standard and AXP guidelines.
				Copies of the latest editions of the NCARB certification guidelines, the NCARB
				education standard and the AXP guidelines are available from the board office
				or NCARB.
C. Application for
				examination:
(1) Individuals applying for
				registration by examination shall request application forms from the board. The
				application, together with the application fee, shall be sent to the board
				office.
(2) Applications will be
				accepted at any time, for review and approval by the board. Approved
				examination candidates will schedule examinations with NCARB. The board may
				require applicants for examination to appear before it for a personal
				interview.
(3) To pass the
				architect registration examination (A.R.E.), an applicant must achieve a
				passing grade on each division as determined by NCARB. A passing grade for any
				division of the A.R.E., version 4.0 or later, shall remain valid pursuant to
				NCARB's score validity policy in effect at the time of application. Divisions
				of the examination, version 4.0 or later, that were considered expired prior to
				the adoption of NCARB's score validity policy shall be reinstated pursuant to
				NCARB's score validity policy in effect at the time of application. NCARB, in
				its discretion, may allow a reasonable extension of such period in
				circumstances where completion of all divisions is prevented by a medical
				condition, by active duty in military service or by other like
				causes.
(4) In case an applicant
				does not qualify for examination, for reason other than failure to submit a
				valid application, he or she shall be informed of the cause and apprised of his
				or her rights under the Uniform Licensing Act, Sections
				61-1-1 through 31 NMSA 1978.
				Should the applicant subsequently meet the requirements for examination, he or
				she may resubmit the application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.10 - REGISTRATION THROUGH RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An individual who holds a current NCARB
				certificate and is seeking registration through reciprocity shall return a
				completed application and all fees to the board for processing. The application
				shall be valid for one year from the time the board receives it.
B. An individual currently registered as an
				architect in another jurisdiction who does not hold a current NCARB certificate
				may apply for a New Mexico architect license upon receiving an NCARB
				certification acquired through the alternative path to licensure for
				experienced professionals.
C. An
				individual who does not hold a current NCARB certificate and is seeking
				registration through reciprocity as a broadly experienced architect must hold a
				current and valid registration issued by the licensing authority of another
				jurisdiction and either:
(1) hold a degree
				accredited by the national architectural accrediting board, pass the necessary
				examination, and successfully complete the architectural experience program
				(AXP) offered by NCARB; or
(2) hold
				a position of responsibility for at least the previous five years in the
				jurisdiction(s) of licensure with no disciplinary action during that five-year
				period. The term "position of responsibility" shall mean a person in
				responsible charge as defined in Subsection N of
				16.30.1.7 NMAC. The broadly
				experienced category applicant shall return to the board a completed
				application, on a form prescribed by the board, along with other pertinent
				documents and application fee. Each applicant shall provide the board evidence
				of academic training and work experience directly related to architecture and
				demonstrating minimum competence as described in 16.30.6 NMAC including but not
				limited to, evidence of training or experience in the following areas:
(1) design and construction
				documents;
(2) construction
				administration;
(3) project
				management; and
(4) architectural
				related activities.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.11 - REGISTRATION RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
Fees: Renewal fees are paid biennially. Registrants whose
				  birth year is an even number shall be required to renew their registrations by
				  December 31 of every even-numbered year. Registrants whose birth year is an odd
				  numbered year shall be required to renew their registration by December 31st of
				  every odd numbered year. New registrations shall be pro-rated on a yearly basis
				  and shall expire on December 31st of an even or odd year designated by the last
				  digit of the applicant's birth year. The renewal fees for two years are:
A. in state $225.00
B. out-of-state $325.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.12 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Architects registered in New Mexico will be required to show
				  compliance with mandatory education requirements as a condition for renewing
				  registration:
A. Purpose and scope:
(1) These rules provide for a continuing
				education program to insure that all architects remain informed of these
				technical subjects necessary to safeguard life, health, property, and promote
				the public welfare.
(2) Continuing
				education is post licensure learning that enables a registered architect to
				increase or update knowledge of and competence in technical and professional
				subjects related to the practice of architecture to safeguard the public's
				health, safety and welfare.
(3)
				These rules apply to all architects registered in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.13 - EXPIRATION OF A CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certificates of registration shall expire
				on December 31st as prescribed by these
				rules.
B. A certificate expires
				upon the death of a registrant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.14 - RENEWAL OF AN EXPIRED CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A registrant whose license has expired for
				no more than one month shall be required to pay the registration fee and a late
				fee of fifty dollars ($50).
B. A
				reinstatement applicant whose license has been expired for more than one month
				shall be required to:
(1) pay a registration
				fee and a penalty equal to one year's registration fee for each year expired
				but in no case shall the penalty exceed three times the annual registration
				fee;
(2) submit a signed and
				notarized reinstatement affidavit as provided by the board; and
(3) complete continuing education
				requirements as required by these rules; at the board's discretion, the former
				registrant may be required to present evidence to the board of continued
				proficiency, complete additional requirements, and appear personally before the
				board in order that the board may determine whether to renew the lapsed
				certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.15 - ARCHITECT EMERITUS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon written request to the board, any architect registered
				  in New Mexico may renew his or her registration as an architect emeritus for a
				  biennial fee of twenty dollars ($20.00) if the following requirements are
				  met.
A. The registrant shall be 60
				years of age or older and retired from the practice of architecture on the date
				of his or her registration renewal. Retired means that the architect no longer
				practices architecture in New Mexico and no longer stamps and certifies
				construction documents with his or her seal for projects located in New Mexico
				that are subject to the jurisdiction of the board.
B. The registrant shall have 10 years of
				continuous registration as an architect, five years as a registered architect
				in New Mexico, unless practicing under a specific exemption authorized by
				law.
C. In the event an architect
				emeritus wishes to reinstate a registration to practice architecture, the board
				may require proof of proficiency and the fulfillment of additional requirements
				deemed necessary, such as providing proof of continuous architectural
				registration elsewhere with the registration in good standing. Reinstatement of
				the license following the request to terminate an architect emeritus status
				shall include completion of continuing education requirements per Subsection B
				of 16.30.3.12 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.16 - DUPLICATE WALL CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
The board may, after consideration of a written request from
				  a registrant outlining the circumstances supporting the request, authorize the
				  issuance of a duplicate wall certificate of registration. The fee for supplying
				  such a certificate shall be thirty-five dollars ($35).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.17 - DISPLAY OF A CERTIFICATE OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The board requires that each registrant shall display his or
				  her certificate of registration in a conspicuous location in his or her primary
				  place of business.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.19 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
Registrants shall notify the board of a change of primary
				  address within 30 days of a move.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 4 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C ofSection
				  61-15-4
				  NMSA 1978 prescribes that "The board...may make rules not inconsistent with
				  law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to clearly outline the
				  standards of conduct expected to be upheld by an individual registered as a New
				  Mexico architect.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.8 - COMPETENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In practicing
				architecture, an architect shall act with reasonable care and competence, and
				shall apply the technical knowledge and skill which is ordinarily applied by
				architects of good standing practicing in New Mexico.
B. In designing a project, an architect shall
				take into account all applicable state and municipal building laws, codes and
				regulations. While an architect may rely on the advice of other professionals,
				such as attorneys, engineers, and other qualified persons, as to the intent and
				meaning of such regulations, once having obtained such advice, an architect
				shall not knowingly design a project in violation of such laws, codes and
				regulations.
C. An architect shall
				undertake to perform professional services only when he or she, together with
				those whom the architect may engage as consultants, are qualified by education,
				training and experience in the specific technical areas involved.
D. No person shall be permitted to practice
				architecture if, in the board's judgment, such person's professional competence
				is substantially impaired by physical or mental disabilities.