reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers and temporary licensed or certified real
				  estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides that the board will issue temporary
				  practice permits to out of state licensed or certified appraiser who present
				  evidence of qualification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Assignment" means one or more real estate appraisals and
				  written appraisal report(s) covered by a single contractual agreement for a
				  specified number of properties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.8 - TEMPORARY PRACTICE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All persons who engage in the business of,
				act in the capacity of, advertise or display in any manner or otherwise assume
				to engage in the business of, or act as, a state real estate appraiser must
				have a board license or permit.
B.
				A temporary permit may be issued to non-resident appraiser licensed and
				certified appraiser for the purpose of performing an appraisal or an appraisal
				review.
C. Temporary practice for
				an appraisal review of a New Mexico real property:
(1) The reviewing appraiser must have a New
				Mexico residential certification or general certification.
(2) The temporary permit holder must have an
				active license residential, residential certification or general certification
				from another issuing agency that corresponds with or is higher than the level
				of licensure required to perform the appraisal.
(3) In the case of a review appraiser with an
				opinion of value, the review appraiser must have national USPAP compliance with
				competency in the report.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.9 - PROVISIONS FOR EMERGENCY LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensed or certified real estate
				appraisers currently licensed and in good standing, or otherwise meeting the
				requirements for New Mexico licensure in a state in which a federal disaster
				has been declared, may be licensed or certified in New Mexico during the four
				months following the declared disaster with the same level of licensure they
				currently hold at no cost upon satisfying the following requirements:
(1) receipt by the board of a completed
				application which has been signed and notarized and which is accompanied by
				proof of identity, which may include a copy of a driver's license, passport or
				other photo identification issued by a governmental entity;
(2) refer to
				16.62.2.8
				NMAC, trainee;
				16.62.3.8
				NMAC, licensed;
				16.62.4.8
				NMAC, residential; and
				16.62.5.8
				NMAC, general;
(3) other required
				verification will be to contact the applicant's prior licensing board by email,
				mail or telephone.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 10 - TEMPORARY PRACTICE › Section 16.62.10.10 - EMERGENCY LICENSE TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The emergency license shall terminate upon
				the following circumstances:
(1) the issuance
				of a permanent license under Sections 16.62.2.8, 16.62.3.8, 16.62.4.8 and
				16.62.5.8 NMAC; or
(2) proof that
				the emergency license holder has engaged in fraud deceit, misrepresentation in
				procuring or attempting to procure a license under this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 11 - APPLICATION FOR RECIPROCITY › Section 16.62.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 11 - APPLICATION FOR RECIPROCITY › Section 16.62.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers and temporary licensed or certified real
				  estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 11 - APPLICATION FOR RECIPROCITY › Section 16.62.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 11 - APPLICATION FOR RECIPROCITY › Section 16.62.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
09/13/2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 11 - APPLICATION FOR RECIPROCITY › Section 16.62.11.8 - APPLICATION FOR RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for New Mexico state licensed residential appraiser, certified residential appraiser, or certified general appraisers must hold a current and valid appraisers license or certificate in another state at the time of application for reciprocity.
B. Applicants for reciprocity in the state of New Mexico must:
(1) complete an application for New Mexico state licensed appraiser or certified appraiser;
(2) verification of license history and good standing as obtained from the national registry of real estate appraisers;
(3) submit copy of current license;
(4) pay the appropriate fee by check or money order or online payment;
(5) comply with all the New Mexico board of real estate appraisers statutes, rules and regulations; and
(6) rely on a credential from a home state that complies with Title XI as determined by the appraisal subcommittee;
(7) Criminal history background check: All applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(a) The applicant will register online, through the approved department of public safety website, with the board's Originating Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant will receive a registration confirmation.
(b) Results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
(c) Out-of-State applicants, who are unable to visit an approved live scan fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to the approved live scan fingerprinting facility. The results will be sent to the board electronically. The board shall not issue a certificate or license until the applicant's background check has been successfully completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 12 - FEES › Section 16.62.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 12 - FEES › Section 16.62.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers and temporary licensed or certified real
				  estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 12 - FEES › Section 16.62.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 12 - FEES › Section 16.62.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 29, 1996, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 12 - FEES › Section 16.62.12.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees required under the Real Estate Appraiser Act or
				  these regulations are non-refundable unless otherwise noted.
A. Application fee for a trainee is $200,
				which includes the initial trainee period.
B. Application fee for a licensed residential
				is $300, which includes the initial licensing period.
C. Application fee for residential
				certification is $300, which includes the initial licensing period.
D. Application fee for general certification
				is $400, which includes the initial licensing period.
E. The fee for all examinations will be paid
				directly to the company who provides the exam.
F. The biennial renewal fee for trainee
				appraisers is $200.
G. The biennial
				renewal fee for licensed residential appraisers is $300.
H. The biennial renewal fee for residential
				certified appraisers is $300.
I.
				The biennial renewal fee for general certified appraisers is $355.
J. The current fee for listing on the federal
				registry as charged by the appraisal subcommittee (ASC).
K. The application fee for a temporary
				practice permit is $200.
L. The fee
				for replacement of trainee, license or certificate is $50.
M. The fee for a certificate of good standing
				is $25.
N. Administrative
				reinstatement fee is $200 for Retired and Inactive Status.
O. Administrative late fee is $100.00 for
				Expired Status if renewed within 90 days of expiration.
P. Administrative fees as follows:
(1) approved continuing education course is
				$50;
(2) approval of continuing
				education sponsorship is $75;
(3)
				licensee list is $150;
(4)
				miscellaneous is $25 up to a max of $100.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants, trainee real estate appraisers, licensed
				  residential real estate appraisers, residential certified real estate
				  appraisers, general certified real estate appraisers and temporary licensed or
				  certified real estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth procedures applicable to application
				  denials, disciplinary proceedings, and administrative proceedings against
				  unlicensed practitioners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Complaint
				committee"
means the committee created and appointed by the board for
				the purposes of reviewing, evaluating, and making recommendations on
				disciplinary cases.
B.
"Board
				investigator"
means an investigator utilized by the board for the
				purposes of carrying out investigations into disciplinary complaints.
C.
"Administrative prosecutor"
means the attorney assigned to administratively prosecute cases pending before
				the board.
D.
"Disqualifying
				criminal conviction"
has the same meaning as defined in Subsection E of
				Section 61-1-36 NMSA 1978;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.8 - FILING COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of a sworn complaint against any person who is
				  a trainee, licensed or certified under the Real Estate Appraisers Act, the
				  board may administratively evaluate the complaint to determine whether
				  sufficient information of a potential violation of board statute or rules, or
				  the national uniform standards of professional appraisal practice (USPAP)
				  exists to pursue investigation and possible formal disciplinary action. Upon
				  receipt of a complaint, the board may:
A. evaluate or investigate the alleged
				violations;
B. refer the matter to
				the complaint committee; or
C.
				dispose of a complaint if it determines that there is insufficient information,
				lack of probable cause, lack of jurisdiction or if the complaint is determined
				to be frivolous.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.9 - REVIEW OF COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
The chairman of the board shall appoint at least one
				  appraiser member of the board to evaluate each complaint filed with the
				  board.
A. The board member
				appointee/evaluator shall also be chairperson of the complaint committee. The
				evaluation of complaints shall be completed by this person.
B. If the board member appointee or evaluator
				determines that there is insufficient information, lack of probable cause, lack
				of jurisdiction or if the complaint is determined to be frivolous, an
				investigation shall not be initiated and the complaint shall be referred to the
				board with a recommendation that the case be closed. If the chair of the
				complaint committee determines that the complaint merits further investigation,
				the complaint will be assigned to the complaint committee.
C. The complaint committee may perform a
				regulatory review of an appraisal that is the subject of a complaint. Complaint
				committee members shall be competent to perform a regulatory review of an
				appraisal.
D. The complaint
				committee may refer the appraisal that is the subject of a complaint to a peer
				committee to perform a Standard 3 review of the appraisal.
E. Upon completion and review of the
				investigation initiated pursuant to this regulation, the board member
				appointee/evaluator along with the complaint committee shall recommend to the
				board either action in lieu of disciplinary action, formal disciplinary action,
				or that the case be closed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.10 - RESPONDING TO COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
All disciplinary complaints shall be automatically forwarded
				  to the licensee for a response.
A. In
				response to an investigation against any person who is a trainee, licensed or
				certified under the Real Estate Appraisers Act, the respondent must respond
				within 10 business days of receipt as allowed by the Uniform Licensing
				Act.
B. Failure to respond within
				time frame specified may result in disciplinary action up to and including
				revocation of license at the discretion of the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.11 - INVESTIGATIONS OF DISCIPLINARY COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
To the maximum extent permitted by law, the board may
				  conduct investigations of disciplinary complaints.
A. Should the board choose to employ one, the
				board may utilize the services of an investigator. The investigator may operate
				pursuant to a contract with the board, as the board's employee, or as the
				employee of a department to which the board is administratively attached, at
				the discretion of the board.
B. The
				board may issue investigative subpoenas as part of its review and investigation
				of disciplinary complaints. Each of the following individuals, acting
				independently, may approve and sign an investigative subpoena: the chairperson
				of the complaint committee, the board administrator, and, if utilized, the
				board investigator.
C. The board's
				staff, the members of the board's complaint committee, and, if utilized, the
				board investigator may carry out investigations on to disciplinary complaints.
				No board member other than the chairperson of the complaint committee shall
				carry out investigations into disciplinary complaints.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.12 - REPRIMAND PUBLIC RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
The fact that a trainee appraiser, license or certificate
				  holder has received a letter of reprimand is a matter of public
				  record.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.13 - PRIVATE REMEDY

Current through Register Vol. 35, No. 13, July 16, 2024
Action or non-action by the board on any complaint does not
				  preclude any private remedy taken by the complainant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.14 - REFUSAL, SUSPENSION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disciplinary proceedings may be instituted
				by the sworn complaint of any person, including members of the board, filed
				with the board.
B. In accordance
				with the procedures contained in the Uniform Licensing Act, the board may deny,
				revoke or suspend any trainee, license or certificate held or applied for upon
				finding, after a hearing, that the trainee appraiser, licensee, certificate
				holder or applicant has violated any provision of the Real Estate Appraisers
				Act (Section
				61-30-1
				et seq., NMSA 1978) or regulations or continually or repeatedly or persistently
				or willfully violated any of the prohibitions found hereinafter:
(1) obtaining or attempting to obtain any fee
				through fraud, misrepresentation, or other dishonesty;
(2) impersonating another person trainee,
				licensed or certified to practice real estate appraisal or permitting or
				allowing any person to use his/her registration, license or
				certificate;
(3) aiding or abetting
				the practice of real estate appraisal by a person not a trainee, licensed or
				certified by the board;
(4) the
				suspension or revocation by another state of a trainee registration, license or
				certificate to practice real estate appraisal based upon acts by the trainee
				appraiser, certificate holder or licensee similar to acts described in the
				section;
(5) the solicitation of
				any person either by a trainee appraiser, licensee or certificate holder or by
				one in his/her employ or under his/her control under circumstances suggesting
				that the appraiser or other person was taking advantage of the person being
				solicited from making a rational independent decision as to whether or not to
				obtain the services of an appraiser, or any particular appraiser;
(6) falsifying of real estate appraisal
				records, whether or not for personal gain;
(7) practicing beyond the scope of the
				trainee, license or certificate as defined by state law and/or
				regulations;
(8) advertising in any
				manner that violates the board's regulation on advertising, as provided in
				16.62.16 NMAC; or
(9) making false
				statements in any application for trainee, licensure or
				certification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.15 - HEARINGS AND DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All disciplinary proceedings conducted by
				the board shall fully conform to the provisions of the Uniform Licensing Act,
				Sections
				61-1-11 to 34
				NMSA 1978 (1957, as amended through 2019).
B. If the board so votes, board staff will
				send a request for an NCA to the litigation division of the attorney general's
				office. The NCA request must include a description of the licensee's allegedly
				improper conduct, all supporting documentation and evidence, a written summary
				of the provisions in statute or rule that the conduct allegedly violated, and
				any other documentation that may be required by the litigation division. If the
				respondent is an applicant, the NCA request must also include an explanation as
				to why the board is contemplating denying licensure. After reviewing the file,
				the board's administrative prosecutor may draft an NCA, return the file to the
				board for additional investigation got information, propose a settlement
				agreement or other resolution to the case, or decline in writing to prosecute
				the case on behalf of the board. The administrative prosecutor is not required
				to be an investigator and shall not be requested to perform investigative work
				on behalf of the board.
C. If a
				respondent requests an evidentiary hearing in response to an NCA, the board
				administrator or compliance liaison may designate a hearing officer to preside
				over the hearing. Alternatively, at the discretion of the board chair or upon
				vote of the board, the entire board may preside over the hearing.
D. Upon the issuance of a notice of hearing,
				no motion for continuance, motion to vacate, or proposed settlement agreement
				may be filed with the board less than 10 days prior to the hearing except under
				extraordinary, unforeseen circumstances beyond the control of the movant. In
				the absence of such circumstances, a hearing officer may not continue or vacate
				a hearing in response to a motion submitted to the board later than 10 days
				prior to the hearing. Lack of knowledge or familiarity with this rule may not
				be considered extraordinary or unforeseen circumstances.
E. Parties to a disciplinary case may raise
				issues in the form of dispositive motions. Any such dispositive motion, when
				made at a hearing presided over by a hearing officer, shall be taken under
				consideration by the hearing officer and presented to the board along with the
				final hearing officer report.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.16 - SETTLEMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
As a means of resolving disciplinary complaints against
				  licensees, applicants, and unlicensed practitioners without the time and
				  expense of formal hearings, settlement agreements are encouraged throughout the
				  disciplinary process.
A. Prior to the
				board voting on a disciplinary complaint or the matter being referred to the
				office of the attorney general for administrative prosecution, the board staff
				may negotiate a settlement agreement with the respondent. However, the board
				itself must vote to approve the settlement agreement at an open meeting, and no
				settlement agreement may take effect under any circumstances until the board so
				votes.
B. Prior to or after the
				Board has issued a notice of contemplated action to the respondent, the board's
				administrative prosecutor may negotiate a settlement agreement with the
				respondent. However, the board itself must vote to approve the settlement
				agreement at an open meeting, and no settlement agreement is valid under any
				circumstances until the board so votes.
C. Upon the issuance of a notice of hearing,
				settlement agreements may only be considered by the board if submitted to the
				board in written form and signed by the respondent. In the absence of
				extraordinary unforeseen circumstances beyond the control of both the
				administrative prosecutor and respondent, a hearing officer may not continue or
				vacate a hearing on the basis of a proposed settlement agreement if the
				proposed agreement is submitted to the board later than 10 days prior to the
				hearing.
D. No board member may be
				presumed to be biased or excused for cause based solely on the basis that the
				member considered, approved, or rejected a proposed settlement, consent
				agreement, or other proposal for the resolution of a pending disciplinary
				case.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.17 - DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the real estate appraisers board to issue a
				  notice of contemplated action against any licensee/registrant or applicant for
				  licensure/registration 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 to refer cases in which notices of contemplated action have been
				  issued 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 62 - REAL ESTATE APPRAISERS › Part 13 - DISCIPLINARY PROCEEDINGS › Section 16.62.13.18 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Convictions for any of the following offenses, or their equivalents in any
				other jurisdiction, are disqualifying criminal convictions that may disqualify
				an applicant from receiving or retaining a license issued by the board:
(1) homicide;
(2) aggravated assault, aggravated battery,
				kidnapping, false imprisonment, human trafficking, or other crimes of violence
				against persons;
(3) robbery,
				larceny, burglary, extortion, receiving stolen property, possession of burglary
				tools, unlawful taking of a motor vehicle, or other crimes involving theft or
				appropriation or personal property or funds;
(4) breaking and entering, criminal damage to
				property, arson, or other related crimes of violence against
				property;
(5) rape, criminal sexual
				penetration, criminal sexual contact, incest, indecent exposure, child
				solicitation, or other crimes constituting sexual offenses;
(6) battery on a peace officer, assault on a
				peace officer, or other crimes against law enforcement;
(7) trafficking controlled
				substances;
(8) crimes involving
				child abuse or neglect;
(9) fraud,
				forgery, money laundering, embezzlement, credit card fraud, counterfeiting,
				financial exploitation, or other crimes of altering any instrument affecting
				the rights or obligations of another;
(10) making a false statement under oath or
				in any official document;
(11)
				evasion of a lawful debt or obligation, including but not limited to tax
				obligations; or
(12) an attempt,
				solicitation or conspiracy involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers and temporary licensed or certified real
				  estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for inactive status, retirement and
				  reinstatement of a trainee, license or certificate under certain
				  circumstances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.8 - RETIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any appraiser who wishes to retire from practice shall notify
				  the board in writing prior to the expiration of trainee, license or
				  certificate. The notice will be recorded in the minutes of the board. The
				  appraiser shall be exempt from payment of the yearly renewal fees during the
				  period of retirement.
A. No request
				for retirement status will be accepted if the appraiser is under investigation
				or facing disciplinary proceedings.
B. An appraiser does not have to meet an age
				requirement in order to request retirement status.
C. Licensees on retirement status will be
				reported to the national registry.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.9 - REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any appraiser who has retired as provided in
				  16.62.15.8
				  NMAC, may, within two years from the date the active trainee, license or
				  certificate expired, apply to the board for reinstatement of license or
				  certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.10 - APPLICATION FOR REINSTATEMENT FROM RETIREMENT STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The application for the reinstatement of a license or certificate shall provide space for the applicant to provide the board the following information:
(1) the license number of the former trainee, license or certificate;
(2) the full name of the applicant;
(3) the date of the original issue; and
(4) the date of the applicant's retirement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.11 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following criteria must be met for inactive status eligibility
(1) the licensee must be in good standing;
				and
(2) the license must be
				current.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 15 - RETIREMENT AND REINSTATEMENT › Section 16.62.15.12 - REINSTATEMENT FROM INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The inactive licensee may apply for reinstatement to active status within three years after trainee, license or certificate has been placed on inactive status. The applicant shall complete an application for reinstatement to include the following:
(1) the license number of the former apprentice/trainee, license or certificate;
(2) the full name of the applicant;
(3) the date of the original issue;
(4) the date of the applicant's inactive status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 16 - ADVERTISING › Section 16.62.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 16 - ADVERTISING › Section 16.62.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers and temporary licensed or certified real
				  estate appraisers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 16 - ADVERTISING › Section 16.62.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 16 - ADVERTISING › Section 16.62.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 16 - ADVERTISING › Section 16.62.16.8 - REQUIREMENTS/LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No appraiser
				shall advertise or procure another to advertise, nor personally solicit or
				procure another to personally solicit on his/her behalf or on the behalf of
				another, in a manner that is false, fraudulent or misleading.
B. No firm, group or association may
				advertise as being a trainee, licensed or certified. The individual members of
				the firm, group or association must be listed along with the scope of their
				trainee, licenses or certifications. Sole practitioners must include their name
				and the scope of their trainee, license or certificate in every
				advertisement.
C. Advertisement for
				appraiser individuals or firms shall conform to the ethics provisions of the
				uniform standards of professional appraisal practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - NM Real Estate
				  Appraisers Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All trainee real estate appraisers, licensed residential real
				  estate appraisers, residential certified real estate appraisers, general
				  certified real estate appraisers, temporary licensed or certified real estate
				  appraisers and members of the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Real Estate Appraisers Act, Section  61-30-1 to Section  61-30-24, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for prosecution of unlicensed appraisal
				  activity.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.8 - PROHIBITION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who violates the New Mexico Real Estate Appraisers
				  Act is guilty of a misdemeanor and shall pay a fine of not more than $500 or be
				  imprisoned for not more than six months.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.9 - HISTORY CONSIDERED

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant's appraiser history, including any unlicensed
				  practice, shall be considered by the board in determining whether to grant or
				  renew a license or certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 17 - UNLICENSED PRACTICE/PENALTIES › Section 16.62.17.10 - PROSECUTION

Current through Register Vol. 35, No. 13, July 16, 2024
The attorney general or appropriate district attorney may,
				  with the board's recommendation, prosecute or seek to enjoin the unlicensed
				  activities.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing
				  Department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to expedite licensure for
				  military service members, their spouses, their dependent children and for
				  veterans pursuant to 61-1-34 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to Section
				  61-1-34
				  of the Uniform Licensing Act, NMSA 1978, Section
				  61-1-1 to
				  34 (1957, as amended through 2013) and the Real Estate Appraisers Act, Sections
				  61-30-1
				  to 24 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.6 - 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 Chapter 61, Article
				  30 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"License"
has the same meaning as defined in Paragraph (1) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
B.
"Licensing
				fee"
has the same meaning as defined in Paragraph (2) of Subsection F of
				Section
				61-1-34
				NMSA 1978.
C.
"Military
				service member"
has the same meaning as defined in Paragraph (3) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
D.
"Substantially
				equivalent"
means the determination by the board that the education,
				examination, and experience requirements contained in the statutes and rules of
				another jurisdiction are comparable to, or exceed the education, examination,
				and experience requirements of the Real Estate Appraisers Act.
E.
"Veteran"
has the same
				meaning as defined in Paragraph (4) of Subsection F of Section
				61-1-34
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications for registration shall be completed on a form provided by the
				board.
B. The applicant shall
				provide a complete application that includes the following information:
(1) applicant's full name;
(2) current mailing address;
(3) current electronic mail address, if
				any:
(4) 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 62 - REAL ESTATE APPRAISERS › Part 18 - LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS › Section 16.62.18.9 - RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license issued pursuant to this section shall not be renewed unless the license
				holder satisfies the requirements for renewal set forth in 16.62.7 NMAC
				pursuant to Chapter 61, Article 30 NMSA 1978.
B. As a courtesy, the board, will send via
				electronic mail license renewal notifications to licensees or registrants
				before the license expiration date to the last known email address on file with
				the board. Failure to receive the renewal notification shall not relieve the
				licensee or registrant of the responsibility of timely renewal on or before the
				expiration date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 1 - GENERAL PROVISIONS › Section 16.63.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87504
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 1 - GENERAL PROVISIONS › Section 16.63.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 1 - GENERAL PROVISIONS › Section 16.63.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To define terms relevant to social work licensing, public
				  versus non-public records, license display, gender clause, and requirements for
				  board members to attend meetings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 1 - GENERAL PROVISIONS › Section 16.63.1.8 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided herein and except as otherwise provided by
				  law, all applications, pleadings, petitions and motions are matters of public
				  record as of the time of filing with the board. Any information covered in this
				  section may be released to the disciplinary action reporting system ("DARS") of
				  the association of social work boards "ASWB".