reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 12 - LICENSE/REGISTRATION RENEWAL › Section 16.7.12.15 - EXPIRATION OF LICENSE OR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a massage therapist does not reactivate
				their license by the end of the inactive status period, the license will
				automatically expire without notice from the board and become null and
				void.
B. If a massage therapy
				school has not renewed its registration by the end of the 60-day grace period,
				the registration will automatically expire without notice from the board and
				will become null and void.
C.
				Expired licenses and registrations cannot be reactivated.
D. Licensees and registrants formerly
				licensed or registered by the board whose registrations have expired must make
				application to the board and comply with the same requirements as any
				previously unlicensed or unregistered applicant.
E. A former licensee or registrant with an
				expired license or registration may not provide or offer to provide massage
				therapy services, instruction, education or training in massage therapy as
				defined in Subsection E of Section
				61-12C-3
				NMSA 1978 of the Massage Therapy Practice Act or in Part 1 and Part 4 of the
				board's rules and regulations. Practicing or providing the services formerly
				authorized by the expired license or registration is a violation of the law and
				is subject to disciplinary action by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 12 - LICENSE/REGISTRATION RENEWAL › Section 16.7.12.16 - UNLICENSED PRACTICE PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Massage therapists and massage therapy schools may not render or attempt to
				render massage therapy services or training and instruction as a massage
				therapy school without the required current and valid license or registration
				issued by the board as provided in Section
				61-12C-27
				NMSA 1978 of the Massage Therapy Practice Act.
B. In accordance with the Uniform Licensing
				Act, Section
				61-1-3.2,
				NMSA 1978 (2003 Repl. Pamp), any person, company, firm, or entity who is not
				licensed or registered by the board is subject to disciplinary actions and
				proceedings by the board if it is determined that they have been offering or
				providing massage therapy services or offering or providing educational
				training in massage therapy as a massage therapy school in New Mexico without a
				valid New Mexico license or registration.
C. The board may impose a civil penalty in an
				amount not to exceed one thousand dollars ($1,000) against any person, company,
				firm, or entity that violates the Massage Therapy Practice Act by practicing
				without a valid New Mexico license.
D. In addition, the board may assess the
				person, company, firm, or entity engaging in the unlicensed practice of massage
				therapy or massage therapy education, the administrative costs, including
				investigative costs and the costs of conducting a hearing.
E. Reports of unlicensed practice may be
				reported to the board for investigation by phone, fax, mail, or e-mail. An
				approved complaint form is available from the board office or downloadable from
				the board's website at
www.rld.state.nm.us
.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to licensees, registrants, massage
				  therapists, registered massage therapy schools and applicants for licensure or
				  registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Massage Therapy Practice
				  Act, Subsections H and K of Section
				  61-12C-8
				  NMSA 1978, and Section
				  61-12C-24
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is to establish the procedures for processing
				  complaints and taking disciplinary action against licensed massage therapists,
				  registered massage therapy schools, and applicants for licensure or
				  registration, for violation of the Massage Therapy Practice Act or any
				  provisions of 16.7 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				complaint may be initiated in writing by any person.
B. Complaints shall be legible, either
				printed in black ink or typed.
C.
				Complaints shall contain factual allegations, constituting the alleged
				violations of any provisions of the Massage Therapy Practice Act and 16.7
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.9 - PROCEDURES FOR RECEIPT OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board's designee will maintain a
				written log of all complaints received which records at a minimum, the date the
				complaint was received, and name, addresses of the complainant(s) and
				respondent(s).
B. Upon receipt of a
				complaint the board's designee will:
(1) log
				in the date the complaint was received;
(2) determine whether the respondent is
				licensed, registered or an applicant for licensure or registration with the
				board;
(3) assign a complaint
				number and create an individual file; complaint numbering will begin with the
				last two digits of the year in which the complaint is filed, followed by the
				month, and will then continue sequentially (e.g., 96-01-001 first = complaint
				filed in January 1996);
(4) send
				the complainant written acknowledgment of receipt of the complaint;
(5) immediately forward the complaint to the
				complaint committee; the complaint committee chair will be responsible for
				convening the complaint committee to review the complaint(s).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.10 - COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board chair will appoint a complaint committee consisting of at least one
				professional member of the board, who will chair the committee. The board chair
				may also appoint to the complaint committee the board administrator or a
				complaint manager.
B. The complaint
				committee will handle complaints in a confidential manner as required by
				law.
C. The complaint committee
				will review all complaints received by the board and make recommendations for
				disposition of the complaint to the full board in executive session.
D. No complaint committee meeting will be
				held without the presence of the professional board member.
E. A complaint committee member who believes
				they are is not capable of judging a particular complaint fairly on the basis
				of its own circumstances will not participate; another professional member will
				be appointed by the chair to serve as committee chair for the complaint being
				considered.
F. For any complaint
				which the complaint committee reasonably anticipates may be referred to the
				board for consideration of the issuance of a notice of contemplated action, the
				respondent will be provided a copy of the complaint and will be allowed a
				reasonable time in which to respond to the allegations in the
				complaint.
G. The complaint
				committee will not be required to provide the respondent with a copy of the
				complaint, or with notice of the filing of a complaint or any related
				investigation, prior to the issuance of a notice of contemplated action if the
				committee determines that disclosure may impair, impede or compromise the
				efficacy or integrity of the investigation.
H. If the complaint committee determines that
				further information is needed, it may issue investigative subpoenas pursuant to
				the Uniform Licensing Act; it may employ an investigator, experts, or other
				persons whose services are determined to be necessary to assist in the
				processing and investigation of the complaint. The complaint committee will
				have independent authority to employ such persons without prior approval of the
				board. The board administrator will determine budgetary availability and will
				contract for investigative services.
I. Upon completion of its review or
				investigation of a complaint, the complaint committee will present a summary of
				the case to the board for the purpose of enabling the board to decide whether
				to proceed with the case or to dismiss the case. The summary will be identified
				by complaint number without identifying the complainant(s) or respondent(s) by
				name.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.11 - 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.
B. 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.
C. 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.
D. The board's designee
				will forward a complete copy of the complaint committee's report, including
				exhibits to the attorney general's office for assignment of an administrative
				prosecutor.
E. 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 referring the complaint to district
				attorneys for prosecution of persons alleged to be practicing massage therapy
				without a proper license or registration.
F. Any board member who believes that they
				are not capable of judging a particular complaint fairly on the basis of its
				own circumstances will not participate in the decision to issue a notice of
				contemplated action and will not participate in the hearing, deliberation, or
				decision of the board.
G. Members
				of the complaint committee will not participate in the decision whether to
				issue a notice of contemplated action, other than by 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 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.12 - SETTLEMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may enter into a settlement agreement with the licensee or registrant as
				a means of resolving the complaint.
B. Any proposed settlement agreement must be
				approved by the board, and must also be approved by the respondent, upon a
				knowing and intentional waiver by the respondent of their right to a hearing as
				provided by the Uniform Licensing Act.
C. The settlement agreement must be signed by
				either the licensee's attorney or the licensee must acknowledge that he or she
				has been advised to seek the advice of an attorney.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 14 - COMPLAINTS › Section 16.7.14.13 - 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 board chair,
				or his/her 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 procedural 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 he or she determines may be necessary to implement the authority conferred
				by Subsection B of 16.7.14.13 NMAC above, 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 registrants who have been
				found culpable and sanctioned by the board will be responsible for the payments
				of all costs of the disciplinary proceedings.
F. Any license or registration, including a
				wall certificate, issued by the board and subsequently suspended or revoked
				will be promptly returned to the board office, but no later than 30 days of
				receipt by the licensee or registrant of the board's order suspending or
				revoking the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.7.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all licensees and applicants for
				  licensure under the New Mexico Massage Therapy Practice Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.7.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Parental Responsibility
				  Act Section
				  40-5A-1 et
				  seq., NMSA 1978 (Ch. 25, Laws of 1995), the New Mexico Massage Therapy Practice
				  Act, Section
				  61-12C-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 7 - MASSAGE THERAPISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.7.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2019 unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 7 - MASSAGE THERAPISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.7.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part 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 7 - MASSAGE THERAPISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.7.16.8 - DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the massage therapy board 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 40-5A-1 NMSA 1978, 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 massage therapy board. 16.16.7 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 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all applicants for licensure pursuant to
				  the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act or
				  division rules, and where applicable, the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 24, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to set forth the general
				  provisions that apply to all of Chapter 8, and to all persons affected or
				  regulated by Chapter 8 of Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, rms used in Title 16, Chapter
				  8, have the same meanings as set forth in the Cannabis Regulation Act and the
				  Lynn and Erin Compassionate Use Act.
A.
Definitions beginning with
				"A":
(1)
"Advisory
				committee"
means the cannabis regulatory advisory committee.
(2)
"Applicant"
means any person
				who is seeking to become licensed pursuant to the Cannabis Regulation Act, the
				Lynn and Erin Compassionate Use Act, or division rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.8 - SOCIAL AND ECONOMIC EQUITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Division mandate:
Pursuant to the Cannabis Regulation Act,
				Paragraphs (7) and (8) of Subsection B of Section 26-2C-3 NMSA 1978, the
				division must adopt procedures to promote and encourage full participation in
				the cannabis industry of representatives of communities that have
				disproportionately been harmed by rates of arrest through the enforcement of
				cannabis prohibitions and encourage racial, ethnic, gender, geographic
				diversity, and New Mexico residency among license applicants, licensees and
				cannabis industry employees. Policies must also encourage representatives from
				rural communities that are likely to be impacted by cannabis production,
				including agricultural producers from economically disadvantaged
				communities.
B.
Division
				goal:
To accomplish these mandates, the division establishes a goal that
				at least fifty percent of applicants for licensure, licensees, and cannabis
				industry employees will represent these groups.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.9 - FEDERAL LAW

Current through Register Vol. 35, No. 13, July 16, 2024
The activities described in these rules may be considered a
				  violation of federal law. Persons cultivating, manufacturing, collecting
				  samples of, testing, selling, purchasing or otherwise receiving cannabis or
				  cannabis products may be subject to federal sanctions for what may otherwise be
				  considered authorized conduct in the State of New Mexico, and compliance with
				  the rule does not exempt licensees, their employees or customers from possible
				  federal prosecution. The division is not responsible or liable for the actions
				  of licensed cannabis establishments under the rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.10 - LABOR PEACE AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Cannabis establishment licensees, excluding cannabis producer
				  microbusiness and integrated cannabis microbusiness, are encouraged to maintain
				  a labor peace agreement with a bona- fide labor organization that is actively
				  engaged in representing or attempting to represent the applicant's employees.
				  For purposes of this section, a labor peace agreement between a cannabis
				  establishment and a bona fide labor organization includes protecting the
				  state's interests by, at a minimum, prohibiting the labor organization from
				  engaging in picketing, work stoppages, or boycotts against the cannabis
				  establishment. An applicant, whether for an initial license or renewal of a
				  license, must submit an attestation confirming whether or not the applicant has
				  entered into a labor peace agreement with a bona fide labor organization that
				  is actively engaged in representing or attempting to represent the applicant's
				  employees
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 1 - GENERAL PROVISIONS › Section 16.8.1.11 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and applicant for
				  licensure pursuant to the Cannabis Regulation Act, the Lynn and Erin
				  Compassionate Use Act, or division rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 24, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 is to ensure the safe production,
				  testing, sale, and consumption of commercial and medical cannabis. Part 2 is
				  not applicable to personal use of cannabis pursuant to the Cannabis Regulation
				  Act or the Lynn and Erin Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 16,
				  Chapter 8, Part 1, have the same meanings as set for in 16.8.1 NMAC, the
				  Cannabis Regulation Act, and the Lynn and Erin Compassionate Use
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.9 - CRIMINAL HISTORY SCREENING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial licensure
: Applicants
				for initial licensure shall submit to a criminal history screening. For
				purposes of this rule, a criminal history screening shall be required for:
(1) each partner of a limited
				partnership;
(2) each member of a
				limited liability company;
(3) each
				director, officer, or trustee of a corporation or trust; and
(4) any controlling person of the
				applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.11 - RECALL OF CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written procedures:
Licensees shall establish and implement
				written procedures for recalling cannabis and cannabis products that have been
				sold or otherwise distributed to the public or other cannabis establishments.
				Recall procedures shall be made available for the division's inspection upon
				request.
B.
Recall
				procedures:
The recall procedures shall identify:
(1) the circumstances in which a recall will
				be conducted, including the circumstances involving the mislabeling or
				contamination of products;
(2)
				personnel responsible for implementing the recall procedures;
(3) procedures for notification of all
				customers who have, or reasonably could have, obtained an affected product,
				including communication and outreach via broadcast media, as
				appropriate;
(4) procedures for
				notification of any other cannabis establishment that supplied or received the
				recalled product;
(5) instructions
				to be provided to customers or other cannabis establishments for the return or
				destruction of the recalled product; and
(6) procedures for the collection and wastage
				(as may be required by the division) of any recalled product.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.12 - CHAIN OF CUSTODY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees
				shall adopt, maintain, and enforce chain of custody procedures and
				documentation requirements to ensure appropriate tracking and tracing of
				cannabis and cannabis products. Licensees shall use a paper-based or electronic
				chain of custody form that documents the possession of cannabis or cannabis
				products, and includes the following:
(1) the
				originating location of the cannabis or cannabis products;
(2) the time and date of transfer of the
				cannabis or cannabis products;
(3)
				the size, number of boxes, and number of pieces of cannabis or cannabis
				products;
(4) the internal batch or
				lot numbers, and if different, the track and trace batch or lot
				numbers;
(5) a dated signature of
				the person receiving the cannabis or cannabis products; and
(6) for cannabis samples, in addition to the
				above, the types of containers, mode of collection, the authorized individual
				who collected the sample, the date and time of collection, preservation, and
				requested analyses of the sample.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.14 - LICENSURE PERIOD, EXPIRATION AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
License period:
The licensure
				period of a license shall be from the date of approval of the license
				application for a period of 12 months.
B.
Automatic expiration of license:
Unless otherwise renewed, suspended, or revoked, a license shall expire
				at 11:59 p.m. on the day indicated on the license as the expiration date or
				other written notification by the division.
C.
License renewal:
To timely
				renew a license, a completed license renewal application and annual license fee
				set forth in 16.8.11 NMAC shall be received by the division from the licensee
				no earlier than 60 calendar days before the expiration of the license and no
				later than 30 days before the expiration of the license through the division's
				electronic licensing portal. Failure to receive a notice for license renewal
				from the division does not relieve a licensee of the obligation to renew all
				licenses as required. In the event a license renewal application is not
				submitted and approved prior to the license expiration date, the licensee must
				not sell, transfer, transport, manufacture, test, or distribute any medical or
				commercial cannabis or cannabis products until the license is renewed. Upon the
				nonrenewal of a license, the division may initiate disciplinary action pursuant
				to the Uniform Licensing Act, Section
				61-1-1
et seq.
, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.16 - QUALITY ASSURANCE TESTING; COMPLAINT PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Quality assurance testing by the
				division:
The division or its representative may conduct quality
				assurance sampling and testing of cannabis or cannabis products, and may
				require a licensee to provide samples of cannabis or cannabis products for this
				purpose. The division may additionally adopt and enforce a randomized testing
				schedule for the sampling and testing of cannabis or cannabis products. The
				division may prohibit the sale or transfer of cannabis or cannabis products
				that are determined by the division to contain prohibited levels of
				contaminants, or that is found to have been improperly tested, or may require
				remediation of such cannabis that is consistent with the remediation standards
				of the division.
B.
Complaints:
If the division receives a verified complaint
				regarding the presence of mold, bacteria, or another contaminant in cannabis or
				cannabis products, or if the division has reason to believe that the presence
				of mold, bacteria, or another contaminant may jeopardize public health and
				safety, the division or its representative may conduct an inspection and may
				require a licensee to provide samples of cannabis or cannabis products for
				testing by the division. Licensees shall allow the division or its
				representative access to a facility or to collect cannabis or cannabis product
				samples. To be considered verified, a complaint must be made on a form provided
				by the division that at a minimum identifies:
(1) date the complaint is filed;
(2) location of the cannabis or cannabis
				product;
(3) any identifiable
				features of the cannabis or cannabis product at issue, including the type and
				amount;
(4) the nature of the
				complaint;
(5) name and contact
				information of the complainant; and
(6) complaint must be emailed to the licensee
				within 5 business days of the division receiving the complaint.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.17 - FIRE SAFETY LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees shall ensure all licensed premises are compliant
				  with Article 52 of the New Mexico Statutes Annotated and any associated rules,
				  including rules governing: posting of address, exit signs, emergency lighting,
				  egress paths, evaluation plan, electrical wiring and lighting, exits and exit
				  access, doors, egress hardware, aisle width, chemical storage, fire
				  extinguishers, fire alarm, sprinkler system and fire suppression system,
				  firewalls, combustible waste and housekeeping, storage, access from the
				  exterior, and weeds, grass, vines or other growth capable of
				  igniting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.18 - CONSTRUCTION OR ALTERATION OF CANNABIS ESTABLISHMENT BUILDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
If applicable, licensees shall ensure that all licensed
				  premises are in compliance with the Construction Industries Licensing Act,
				  Section
				  60-13-1
et seq.
, NMSA 1978 and the LPG and CNG Act, Section
				  70-5-1
et seq.
, NMSA 1978, including associated rules, as well as
				  applicable codes, standards, zoning laws, licensing laws, and fire codes. If
				  applicable, licensees shall further ensure that each structure, including
				  manufactured homes used pursuant to Section
				  60-14-4(S),
				  NMSA 1978, obtains a Certificate of Occupancy pursuant to
				  14.5.3.13
				  NMAC prior to occupancy and use of the structure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.19 - OCCUPATIONAL SAFETY

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees shall comply with the Occupational Health and
				  Safety Act, Section
				  50-9-1
et seq.
, NMSA 1978 and any associated rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.21 - CANNABIS PRODUCER LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
License types:
The division
				may license two classes of producers:
(1) A
				cannabis producer; and
(2) A
				cannabis producer microbusiness.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.22 - APPLICATION REQUIREMENTS FOR CANNABIS PRODUCER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial application or renewal for
				cannabis producer licensure shall include the following:
(1) Contact information for the applicant and
				the cannabis establishment, to include:
(a)
				applicant's full legal name;
(b)
				applicant's date of birth, if applicable;
(c) applicant's mailing address;
(d) applicant's contact telephone
				number;
(e) applicant's contact
				email address;
(f) applicant's
				business physical address and mailing address, if different;
(g) applicant's business legal name,
				including a DBA name if applicable;
(h) applicant's business web address, if
				applicable;
(i) applicant's
				business hours of operation;
(j)
				name and contact information for each controlling person;
(k) demographic data pursuant to the Cannabis
				Regulation Act; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.23 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS PRODUCER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A licensed producer shall submit to the division an
				application form for an amended license, pay the required fee, and must obtain
				approval from the division, prior to implementing any of the following:
(1) change of licensee's legal or business
				name;
(2) change in water source,
				or licensees water and energy conservation plan, including, the reuse of water
				and disposal of effluent;
(3)
				increase in plant count beyond which licensee is currently licensed to
				produce;
(4) decrease in plant
				count which licensee is currently licensed to produce;
(5) addition or elimination of a controlling
				person; or
(6) material or
				substantial modification of the premises.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.24 - PRODUCER PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant must maintain on its licensed premise at all times, a complete and
				detailed diagram of the premises. The diagram shall be used by the division to
				determine whether the premises meets the requirements of the Cannabis
				Regulation Act, the Lynn and Erin Compassionate Use Act, or division
				rules.
B. The diagram shall show
				the boundaries of the property and the proposed premises to be licensed, the
				dimensions of each area that cannabis plants will be cultivated, the
				location(s) and the dimensions of other areas where other horticulture will be
				cultivated, if applicable. The diagram shall also include, as applicable, any
				equipment to be used, entrances and exits, interior partitions, location of
				lights in the cannabis plant cultivation area(s) and the maximum wattage or
				wattage equivalent, walls, rooms, windows, and doorways. The diagram shall
				include a brief statement or description of the principal activity to be
				conducted in each area on the premises.
C. The diagram shall show where all cameras
				are located and assign a number to each camera for identification
				purposes.
D. The diagram shall be
				to scale.
E. The diagram shall not
				contain any highlighting and the markings on the diagram shall be in
				black-and-white print.
F. If the
				proposed premises consists of only a portion of a property, the diagram must be
				labeled indicating which part of the property is the proposed premises and what
				the remaining property is used for.
G. If the proposed premises consists of only
				a portion of a property that will contain two or more licensed premises, then
				the diagram shall be supplemented with a description of how two or more
				licensed premises will be managed on the property.
H. If a proposed premise is located on only a
				portion of a property that also includes a residence, the diagram shall clearly
				show the designated buildings for the premises and the residence.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.25 - PHYSICAL MODIFICATION OF PRODUCER PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees shall not, without the prior
				written approval of the division, make a physical change, alteration, or
				modification of the licensed premises that materially or substantially alters
				the licensed premises or the use of the licensed premises.
B. Licensees whose licensed premises is to be
				materially or substantially changed, modified, or altered is responsible for
				filing a request for premises modification with the division.
C. Material or substantial changes,
				alterations, or modifications requiring approval include:
(1) when a building or structure will be
				erected, constructed, enlarged, altered, repaired, moved, improved, removed,
				converted or demolished, as defined and described in the applicable building
				codes, which require a permit from the construction industries division or the
				appropriate local jurisdiction;
(2)
				when electrical wiring, plumbing or mechanical work and LP gas work, as defined
				and described in the applicable construction codes for those trades, is to be
				installed, repaired or maintained in or on such building or structure, which
				require a permit from the construction industries division or the appropriate
				local jurisdiction;
(3) re-roofing
				and application of roof coatings that requires a building permit and
				inspections; or
(4) changing the
				occupancy activities conducted in or the use of an area that requires a new
				certificate of occupancy or fire inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.26 - CANNABIS PRODUCER POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum policy and procedure
				requirements:
A producer shall develop, implement, and maintain on the
				licensed premises, standard policies and procedures, which shall include the
				following:
(1) cannabis testing criteria and
				procedures, which shall be consistent with the testing requirements of the
				Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
				rules, and shall include at a minimum, the following topics:
(a) employee health and safety training
				materials;
(b) training
				requirements for the proper use of health and safety measures and
				controls;
(c) representative
				sampling and analytical testing of cannabis or cannabis products for
				contaminants prior to wholesale or transfer to another cannabis establishment
				consistent with self-sampling guidance issued annually by the division on
				September 1 and made available on the division website, the sunshine portal,
				and at the division's district, field and regional offices;
(d) recordkeeping and chain of custody
				protocols for transportation of cannabis or cannabis product samples to a
				cannabis testing laboratory, consistent with 16.8.2.12 NMAC and 16.8.2.13
				NMAC;
(e) recordkeeping and chain
				of custody protocols for transportation of cannabis or cannabis products to
				another cannabis establishment for any purpose;
(f) protocols to ensure that cannabis or
				cannabis products, including any samples of cannabis or cannabis products, are
				transported and stored in a manner that prevents degradation, contamination,
				tampering, or diversion, consistent with Subsection L of 16.8.7.8
				NMAC;
(g) protocols for testing
				sample collection that ensures accurate test results, establishment consistent
				with self-sampling guidance issued annually by the division on September 1 and
				made available on the division website, the sunshine portal, and at the
				division's district, field and regional offices; and
(h) procedures for remedial measures to bring
				cannabis or cannabis products into compliance with division standards or
				destruction of a tested batch of cannabis or cannabis products if the testing
				samples from the tested batch indicate noncompliance with applicable health and
				safety standards;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.27 - MINIMUM REQUIREMENTS FOR THE PRODUCTION OF CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
Licensees shall ensure the following:
(1) all
				production activities are done on premises that are in compliance with state
				and local laws that do not conflict with the Cannabis Regulation Act or the
				Lynn and Erin Compassionate Use Acts;
(2) the licensee's right to use the quantity
				of water sufficient to meet the production facility's needs remains in good
				standing;
(3) plumbing shall be of
				adequate size and design, adequately installed, and maintained to carry
				sufficient quantities of water to required locations throughout the facility,
				including sufficient quantities of water to properly convey sewage and liquid
				disposable waste from the facility; and
(4) all weighting or measuring devices that
				are used in the wholesale of cannabis be appropriately documented as having
				undergone certified registration and calibration that is in accordance with
				applicable requirements of the New Mexico department of agriculture.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.28 - USE OF PESTICIDES BY LICENSED PRODUCERS

Current through Register Vol. 35, No. 13, July 16, 2024
The use of any pesticide by a licensed producer in the growth
				  of cannabis shall be in accordance with the New Mexico Pesticide Control Act,
				  Section
				  76-4-1
et seq.
, NMSA 1978, and any associated
				  rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.29 - CANNABIS MANUFACTURER LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
License Types:
The division
				may license four classes of manufacture:
(1)
				Class I: A licensee that only packages or repackages cannabis products, or
				labels or relabels the cannabis product container;
(2) Class II: A licensee that conducts Class
				I activities, and manufactures edible products or topical products using
				infusion processes, or other types of cannabis products other than extracts or
				concentrates, and does not conduct extractions;
(3) Class III: A licensee that conducts Class
				I and Class II activities, and extracts using mechanical methods or nonvolatile
				solvents; and
(4) Class IV: A
				licensee that conducts Class I, Class II, and Class III activities, and
				extracts using volatile solvents or supercritical CO2.