New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 39 - ENGINEERING AND SURVEYING PRACTITIONERS › Part 7 - MISC. PROCEDURES FOR ISSUANCE, REVOCATION, SUSPENSION, IMPOSITION OF FINES, REISSUANCE OF CERTIFICATES AND DISCIPLINARY ACTION › Section 16.39.7.9 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For business
				entities using the words "engineering" or "surveying" in their titles or
				offering engineering or surveying services, the board's executive director
				shall write the business entity, enclosing an affidavit to be completed which
				identifies the member of the business entity who is licensed to practice in the
				state of New Mexico and who is an employee of and legally able to bind the
				business entity by contract. If no response to this request is received within
				30 days, a second letter shall be sent by certified mail, return receipt
				requested. If the second letter does not result in a response 30 days from the
				receipt of a refusal, the matter may be turned over to the attorney general's
				office for action.
B. It shall be
				considered "a violation" under Paragraph (1) of Subsection A of Section
				61-23-24
				NMSA 1978 and Paragraph (1) of Subsection A of Section
				61-23-27.11
				NMSA 1978 of the Engineering and Surveying Practice Act for any engineer or
				surveyor to practice or offer to practice outside their field(s) of
				demonstrated competence or in contravention of any of the provisions of these
				rules. It shall also be considered "a violation" under Subsection A of Section
				61-23-23.1
				NMSA 1978 and Subsection A of Section
				61-23-27.15
				NMSA 1978 of the Engineering and Surveying Practice Act for any person to act
				in the capacity of a professional engineer or a professional surveyor without
				being licensed by the board.
C. The
				practice or offer to practice engineering by a licensee of the board in any
				state, territory or country where the licensee has been determined to be in
				violation of that jurisdiction's licensing requirement shall be considered to
				be professional misconduct which may be actionable by the board. The practice
				or offer to practice surveying by a licensee of the board in any state,
				territory, or country where the licensee has been determined to be in violation
				of that jurisdiction's licensing requirement shall be considered to be
				professional misconduct which may be actionable by the board.
D. Each applicant or licensee shall notify
				the board, in writing, within 90 days, of the imposition of any disciplinary
				action by any other applicable licensing board or any conviction of or entry of
				plea of nolo contendere to any crime under the laws of the United States, or
				any state, territory or county thereof, which is a felony, whether related to
				practice or not; any conviction of or entry of plea of nolo contendere to any
				crime, which is a felony directly related to the practice of engineering or
				surveying as listed in Subsection F of 16.39.7.9 NMAC.
E. The board shall comply with the provisions
				of the Parental Responsibility Act as they relate to the denial, suspension or
				revocation of certificates of licensure for non-payment of child
				support.
F. Criminal Convictions:
(1) Felony convictions for any of the
				following offenses, or their equivalents in any other jurisdiction, that may
				disqualify an applicant from receiving licensure, or disciplinary action
				including but not limited to suspension or revocation:
(a) crimes involving homicide, murder,
				manslaughter, or resulting in death;
(b) crimes involving human trafficking, or
				trafficking in controlled substances;
(c) kidnapping, false imprisonment, assault,
				aggravated assault, battery, aggravated battery;
(d) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, prostitution, or other
				sexual crimes;
(e) crimes involving
				great bodily harm, adult abuse, child abuse, neglect, abandonment, stalking,
				aggravated stalking, injury to pregnant woman, custodial interference, property
				damage, or financial exploitation;
(f) crimes involving ransom, robbery,
				larceny, extortion, burglary, sabotage, fraud, forgery, embezzlement, identity
				theft, credit card fraud, unauthorized use of a credit card; receiving stolen
				property, money laundering, burglary tools, or stolen vehicles;
(g) crimes involving arson, explosives,
				incendiary devices, facsimile bombs, hoax explosives, deadly weapons, or
				firearms;
(h) crimes involving
				seizing or exercising control of a bus by force or violence or by threat of
				force or violence;
(i) violation of
				Partial-Birth Abortion Ban Act;
(j)
				crimes involving bribery, intimidating witnesses, tampering with evidence,
				tampering with public records, performing an official act for personal gain,
				demanding or receiving a bonus, gratuity or bribe, unlawful interest in a
				contract involving an irrigation district, or receiving profits derived from an
				unlawful interest in a contract involving an irrigation district, or unlawful
				interest in a public contract;
(k)
				crimes involving jury tampering;
(l) crimes involving escape from custody,
				jail or penitentiary;
(m) crimes
				involving harboring or aiding a felon;
(n) crimes involving tax evasion or tax
				fraud;
(o) crimes involving
				violations of the Mortgage Foreclosure Consultant Fraud Prevention Act, or the
				Savings and Loan Act;
(p) crimes
				involving the Credit Union Act;
(q)
				crimes involving perjury, public assistance, false swearing of oath or
				affidavit, false voting, falsely obtaining services or accommodations,
				falsifying documents, filing false documents, making false statements, making
				an unauthorized withdrawals, issuing a worthless check, obtaining information
				under false pretenses, or providing the credit bureau information of a consumer
				to an entity who is not authorized to receive that information;
(r) crimes involving improper disposition of
				certain court funds or improper sale, disposal, removal or concealing of
				encumbered property;
(s) crimes
				involving the possession of 4 or more incomplete credit cards or machinery,
				plates or other contrivance;
(t)
				crimes involving altering or changing engine or other number of a vehicle or
				motor vehicle;
(u) crimes involving
				any contractor or subcontractor justly indebted to a supplier of material or
				labor who accepts payment for construction and knowingly and intentionally
				applies the proceeds to a use other than paying those persons with whom he
				contracted;
(v) crimes involving
				knowingly authorizing or assisting in the publication, advertising,
				distribution or circulation of any false statement or representation concerning
				any subdivided land offered for sale or lease, or with knowledge that any
				written statement relating to the subdivided land is false or fraudulent,
				issuing, circulating, publishing or distributing it;
(w) crimes involving making or permitting a
				false public voucher;
(x) crimes
				involving a false public voucher, false reports, uttering false statements,
				paying or receiving public money for services not rendered;
(y) crimes involving unlawful influencing,
				unlawful sale of a lottery ticket, unlawful representation of a business or
				individual as a credit union, conducting business as a credit union when not
				authorized to do so, or violations of the New Mexico Uniform Securities
				Act;
(z) crimes involving
				extortionate extensions of credit;
(aa) crimes involving the unlawful request,
				receipt, or offer to another that is exchanged for the promised performance of
				and official act, or illegal kickbacks;
(bb) failing to comply with the registration
				or verification requirements of the Sex Offender Registration and Notification
				Act;
(cc) crimes involving the
				practice of medicine, dentistry or osteopathic medicine without a license or
				authorization of the appropriate regulating authority;
(dd) 4th or subsequent driving under the
				influence of intoxicating liquor or drugs;
(ee) an attempt, solicitation, or conspiracy
				involving any of the felonies in this subsection.