reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.11 - LICENSURE EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As
				used in this section, "temporary" means a period of time not to exceed the
				duration of one private event or one school or nonprofit organization event, as
				described in Paragraphs (2) and (3) of Subsection B of this section.
B. The Private Investigations Act does not
				apply to:
(1) an individual employed
				exclusively and regularly by one employer in connection with the affairs of
				that employer, provided that the individual patrols or provides security only
				on the premises of the employer as limited by the employer;
(2) an individual employed exclusively to
				provide temporary security at a private event that is not open to the
				public;
(3) individuals providing
				temporary security at athletic or other youth events and where the events occur
				under the auspices of a public or private school or a nonprofit
				organization;
(4) an attorney
				licensed in New Mexico conducting private investigations while engaged in the
				practice of law;
(5) an officer or
				employee of the United States or this state or a political subdivision of the
				United States or this state while that officer or employee is engaged in the
				performance of the officer's or employee's official duties or an employee
				working exclusively on federal government property for a private patrol company
				contracting with the federal government and the security guard has training
				that exceeds state requirements unless the federal government contract requires
				state licensing;
(6) a person
				engaged exclusively in the business of obtaining and furnishing information
				concerning the financial rating of persons;
(7) a charitable philanthropic society or
				association duly incorporated under the laws of this state that is organized
				and maintained for the public good and not for private profit;
(8) a licensed collection agency or an
				employee of the agency while acting within the scope of employment while making
				an investigation incidental to the business of the agency, including an
				investigation of the location of a debtor or the debtor's property;
(9) admitted insurers, adjusters, agents and
				insurance brokers licensed by the state performing duties in connection with
				insurance transactions by them; or
(10) an institution subject to the
				jurisdiction of the director of the financial institutions division of the
				department or the comptroller of currency of the United States.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.12 - CUSTODY AND ALTERATION OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licenses and registrations issued by the
				department are at all times the property of the department, and may remain in
				the custody of the licensee or registrant only as long as the licensee or
				registrant complies with the act and department rules.
B. Licenses shall not be altered in any
				way.
C. Inspectors or department
				designees may retrieve any license which is suspended, revoked, expired, or
				left by a licensee who is no longer employed at an establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.13 - LICENSE NOT TRANSFERABLE; CHANGE IN OWNERSHIP OR MANAGEMENT; NAME CHOICE AND NAME CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license or registration issued by the department pursuant to the Private
				Investigations Act shall not be transferred or assigned.
B. A change of ownership or management of a
				private investigation company or private patrol company shall be filed with the
				department on an application form prescribed by the department, accompanied by
				the required fees, within thirty (30) days following any such change. Failure
				to file for a change of a private investigation company or private patrol
				company within the thirty (30) day period shall be grounds for termination of
				the license of a private investigation company or private patrol
				company.
C. A change in the name of
				a private investigation company or private patrol company shall require a name
				change application on a form provided by the department. A private
				investigation company or a private patrol company shall not conduct business
				under a fictitious name until the company has obtained the authorization for
				use of the name from the department. The department shall not authorize the use
				of a fictitious name that may generate public confusion with the name of a
				public officer or agency or the name of an existing private investigation
				company or private patrol company.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.14 - DISPLAY OF REGISTRATION OR LICENSE AND NOTIFICATION OF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A private
				investigation company, private investigations manager, private patrol company,
				private patrol operator and private patrol operations manager license shall at
				all times be posted in a conspicuous place in the New Mexico principal place of
				business of the licensee.
B. A copy
				of the registration or license of each registrant or licensee employed, or
				under contract for services, by a private investigation company or a private
				patrol company shall be maintained in the main New Mexico office of the company
				and in the branch office in which the registrant or licensee works.
C. A private investigator, private
				investigations employee, polygraph examiner, security guard level one, security
				guard level two or security guard level three registration or license issued by
				the department shall at all times be in the possession of and located on the
				person of a registrant or licensee when working.
D. A private patrol company shall provide
				each security guard employed, or under contract for security guard services, an
				identification badge that includes the name of the company, the name of the
				security guard and a photo of the security guard. The required photo must have
				been taken within the preceding month of the creation of the identification
				badge and must be updated at least every two years. A security guard shall wear
				the company identification badge and the registration card issued by the
				department on the outside of the guard's uniform so that the identification
				badge and card are visible to others.
E. If the private patrol company is unable to
				provide each security guard employed, or under contract for security guard
				services, with an identification badge, the security guard may obtain an
				identification badge from the department at a cost established by the
				department.
F. A licensee or a
				registrant shall notify the department immediately in writing of a change in
				the email, mailing or contact address of the licensee or registrant.
G. Failure to notify the department within 30
				days of changes required to be reported pursuant to this section or failure to
				carry or display a registration or license as required is grounds for
				suspension of a license or registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.48.1.15 - LOCAL REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of the Private Investigations Act
				  (61-27B-1
				  NMSA 1978) shall not prevent the local authorities of a city or county by
				  ordinance and within the exercise of the police power of the city or county
				  from imposing local ordinances upon a street patrol special officer or on a
				  person licensed or registered pursuant to the Private Investigations Act if the
				  ordinances are consistent with that act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals and business entities that apply for
				  licensure, registration or approval under the Private Investigations
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedures and outline the documents and
				  information necessary to complete the application process for licensure,
				  registration, and security guard training instructor
				  approval.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Please refer to
				  16.48.1.7 NMAC in addition to the
				  definitions within this part.
A.
"Chemical agents"
means tear gas or any other certifiable
				non-lethal chemical agents used for the intent to restrain and control unruly
				or combative subjects for the purposes of safety to the security officer and
				the public.
B.
"Defensive
				impact tools"
means straight baton, expandable baton, side handle baton
				or other defensive impact tools used for the intent to restrain and control
				unruly or combative subjects for the purposes of safety to the security officer
				and the public.
C.
"Electronic non-lethal devices"
means tasers or other certifiable
				devices used for the intent to restrain and control unruly or combative
				subjects for the purposes of safety to the security officer and the
				public.
D.
"One-year
				verifiable training"
means proof of experience that has been acquired
				within the five years preceding the filing of the application with the
				department which shall consist of not less than 1,000 hours of actual work
				performed in the respective area of licensure or registration sought
				after.
E.
"Restraint and
				control devices"
means handcuffs or similar certifiable devices used for
				the intent to restrain and control unruly or combative subjects for the
				purposes of safety to the security officer and the public.
F.
"Traffic crash
				reconstruction"
means the application of the laws of physics to physical
				evidence left as a result of a collision.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.8 - GENERAL LIABILITY INSURANCE, BIOMETRIC CRIMINAL HISTORY REPORT AND GENERAL APPLICATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General liability insurance:
(1)
				A private investigation company or a private patrol company seeking to obtain
				or retain a license under the provisions of the Private Investigations Act
				shall maintain a general liability certificate of insurance in the amount of
				not less than one million dollars ($1,000,000);
(2) Any failure to furnish and maintain
				licensee's general liability certificate of insurance shall be grounds for
				denial or revocation of a license issued under the provisions of the Private
				Investigations Act;
(3) In the
				event a general liability certificate of insurance is offered which varies from
				the department requirements the department shall determine whether the
				insurance is in substantial conformance with the Private Investigations Act and
				department rules;
(4) The duration
				of each general liability certificate of insurance shall, unless sooner
				terminated in accordance with law, be for the term of the license issued as set
				forth on the face thereof and 30 days thereafter; and
(5) Such general liability certificate of
				insurance shall also be filed and maintained for each period of renewal of
				license and the duration thereof shall be for the renewal period specified on
				the face of the license and 30 days thereafter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.9 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE INVESTIGATOR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				investigator must meet the qualifications and requirements described in Section
				61-27B-7 NMSA 1978, and must
				submit a completed application, which includes:
(1) general application information as listed
				in Subsection C of
				16.48.2.8 NMAC;
(2) qualifying work experience;
(3) successfully pass a jurisprudence
				examination to be administered by the department;
(4) firearm certification, if
				applicable;
(5) fingerprint cards
				or other biometric data for federal criminal history report submission;
				and
(6) non-refundable license fee
				as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.10 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE INVESTIGATION COMPANY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				investigations company must meet the qualifications and requirements described
				in Section
				61-27B-8 NMSA 1978, and must
				submit a completed application, which includes:
(1) general application information as listed
				in Subsection C of
				16.48.2.8 NMAC;
(2) business contact phone number;
(3) business mailing address;
(4) business email address;
(5) business name and DBA if
				applicable;
(6) identify the type
				of business (corporations, LLCs, and partnerships must register with the New
				Mexico Secretary of State);
(7)
				name and license number of an owner who is licensed as a private investigator,
				or a licensed private investigations manager, and certification that they will
				manage the daily operations of the private investigation company;
(8) business address of a physical location
				in New Mexico where records are maintained and made available for department
				inspection;
(9) if the applicant is
				a company located outside of New Mexico, the name and address of a New Mexico
				registered agent;
(10) general
				liability certificate of insurance;
(11) fingerprint cards or other biometric
				data for federal criminal history report submission; and
(12) non-refundable license fee as set forth
				in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.11 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE INVESTIGATION MANAGER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				investigations manager must meet the qualifications and requirements described
				in Section
				61-27B-9 NMSA 1978, and must
				submit a completed application, which includes:
(1) general application information as listed
				in Subsection C of
				16.48.2.8 NMAC;
(2) employer business name and DBA if
				applicable;
(3) employer private
				investigations company license number;
(4) release of information; and
(5) license number of the applicant's New
				Mexico private investigator license in good standing;
(6) successfully pass a jurisprudence
				examination to be administered by the department;
(7) a certificate of employment or contract
				for services with the private investigation company that the applicant is being
				licensed to manage; and
(8)
				non-refundable license fee as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.12 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE INVESTIGATIONS AND PRIVATE PATROL EMPLOYEE REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements
:
				Applicants for licensure as a private investigations employee or private patrol
				employee must meet the qualifications and requirements described in Section
				61-27B-14 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) employer business name and DBA if
				applicable;
(3) employer company
				license number;
(4) successfully
				pass a jurisprudence examination to be administered by the
				department;
(5) certificate of
				employment or contract for services with a private investigation or private
				patrol company;
(6) firearm
				certification, if applicable;
(7)
				biometric criminal history background check; and
(8) non-refundable registration fee as set
				forth in 16.48.5 NMAC;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.13 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE PATROL OPERATOR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				patrol operator must meet the qualifications and requirements described in
				Section 61-27B-10 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) qualifying work experience;
(3) successfully pass a jurisprudence
				examination to be administered by the department;
(4) firearm certification, if
				applicable
(5) biometric criminal
				history background check; and
(6)
				non-refundable license fee as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.14 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE PATROL COMPANY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				patrol company must meet the qualifications and requirements described in
				Section 61-27B-11 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) business contact phone number;
(3) business mailing address;
(4) business email address;
(5) business name and DBA if
				applicable;
(6) identify the type
				of business (corporations, LLCs, and partnerships must register with the New
				Mexico Secretary of State);
(7)
				name and license number of an owner who is licensed as a private patrol
				officer, or a licensed private patrol operations manager, and certification
				that they will manage the daily operations of the private patrol
				company;
(8) business address of a
				physical location in New Mexico where records are maintained and made available
				for department inspection;
(9) if
				the applicant is a company located outside of New Mexico, the name and address
				of a New Mexico registered agent;
(10) copy of general liability certificate of
				insurance;
(11) completed and
				signed release of information form for each owner, director and
				officer
(12) biometric criminal
				history background check for each owner, director and officer;
(13) uniform description and photographs of
				uniforms; and
(14) non-refundable
				license fee as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.15 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A PRIVATE PATROL OPERATIONS MANAGER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a private
				patrol operations manager must meet the qualifications and requirements
				described in Section
				61-27B-12 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) employer business name and DBA if
				applicable;
(3) employer private
				patrol company license number;
(4)
				license number of the applicant's New Mexico private patrol operator license or
				level three security guard registration in good standing;
(5) successfully pass a jurisprudence
				examination to be administered by the department;
(6) a certificate of employment or contract
				with the private patrol company that the applicant is being licensed to manage;
				and
(7) non-refundable license fee
				as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.16 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A POLYGRAPH EXAMINER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a polygraph
				examiner must meet the qualifications and requirements described in Section
				61-27B-13 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) pass a jurisprudence examination to be
				administered by the department;
(3)
				copy of certificate of completion or diploma from an accredited polygraph
				examiners course approved by the department;
(4) name and license number of probationary
				sponsor or documentation of probationary completion, if applicable;
(5) biometric criminal history background
				check; and
(6) non-refundable
				application fee as set forth in Section 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.17 - LEVEL ONE SECURITY GUARD APPLICANT QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a level one
				security guard must meet the qualifications and requirements described in
				Section 61-27B-16 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) successfully pass a jurisprudence
				examination to be administered by the department;
(3) certificate of completing a department
				approved level one training program;
(4) biometric criminal history background
				check;
(5) non-refundable
				registration fee as defined in 16.48.5 NMAC;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.18 - LEVEL TWO SECURITY GUARD APPLICANT QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a level two
				security guard must meet the qualifications and requirements described in
				Section 61-27B-17 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) license number of current registration in
				good standing as a level one security guard or proof of completing department
				approved level one security guard training;
(3) successfully pass a jurisprudence
				examination to be administered by the department;
(4) certificate of completing a department
				approved level two training program;
(5) certificate of completing a department
				approved weapon training program;
(6) biometric criminal history background
				check; and
(7) non-refundable
				registration fee as defined in 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.19 - LEVEL THREE SECURITY GUARD APPLICANT QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application requirements:
Applicants for licensure as a level
				three security guard must meet the qualifications and requirements described in
				Section 61-27B-18 NMSA 1978, and submit a
				completed application, which includes:
(1)
				general application information as listed in Subsection C of
				16.48.2.8 NMAC;
(2) license number of current registration in
				good standing as a level two security guard or certificate of completing
				department approved level one and level two security guard training;
(3) successfully pass a jurisprudence
				examination to be administered by the department;
(4) certificate of completing a department
				approved level three training program;
(5) certificate of completing a department
				approved weapon training program;
(6) psychological examination;
(7) biometric criminal history background
				check; and
(8) non-refundable
				registration fee as defined in 16.48.5 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.20 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR SECURITY GUARD INSTRUCTOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An individual seeking to be a registered instructor shall
				  complete an application on a form provided by the department. The department
				  shall review applications, register instructors, and maintain a list of current
				  instructors authorized to teach the department's approved curriculum.
A. Proof of professional certification and
				requirements specific to each level of instruction.
(1) Level One Instructor: instructor
				certification related to the level one training curriculum topics, issued by a
				law enforcement academy (LEA), an accredited higher education institution,
				United States military branch, or the federal law enforcement training center
				(FLETC). The certification submitted must have been issued within four years
				preceding the date the application is submitted;
(2) Level Two Instructor: approval as a level
				one instructor and, specific weapon instructor certification related to the
				level two training curriculum, issued by the respective weapon manufacturer.
				Weapon certification must have been issued within four years preceding the date
				the application is submitted;
(3)
				Level Three Instructor: firearms instructor certification issued by a law
				enforcement academy (LEA), a recognized federal government entity, United
				States military branch, the federal law enforcement training center (FLETC), or
				the national rifle association law enforcement activities division. Firearms
				certification must have been issued within four years preceding the date the
				application is submitted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.21 - PSYCHOLOGICAL EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirements:
If an applicant elects to be firearm certified, it
				shall be necessary for each applicant to be examined by a licensed psychologist
				regarding the individual's mental suitability to carry a firearm within the
				individual's scope of duty as a licensed level three security guard. Any
				psychologist licensed and in good standing in the state of New Mexico or other
				United States jurisdiction, is able to administer the exam.
(1) All psychological evaluations shall be on
				a form provided by the department and must state if the applicant is
				recommended or not recommended to carry a firearm. If an applicant is not
				recommended to carry a firearm, the psychologist shall specify the reason(s)
				the applicant is not recommended to carry a firearm.
(2) Evaluations cannot be more than one (1)
				year old for certification purposes.
(3) The original evaluation form shall be
				signed and transmitted directly to the department within thirty days by the
				psychologist that performed the psychological evaluation
(4) The applicant knowingly providing false
				information or knowingly failing to disclose information shall be grounds for
				denial of licensure.
(5) Any
				examinee who fails the psychological evaluation shall not complete another
				psychological evaluation for at least ninety days from the date indicated on
				the original evaluation form signed and transmitted directly to the department
				by the psychologist that performed the psychological evaluation. If an examinee
				fails the evaluation, the department will make an electronic annotation in the
				candidate's file to ensure compliance with this rule.
(6) The department may request a subsequent
				psychological evaluation of an individual licensed pursuant to the Private
				Investigations Act to re-evaluate the suitability of the individual in the
				interest of maintaining public safety,
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.22 - CESSATION OF LICENSE BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A registrant or licensee subject to the Private
				  Investigations Act who ceases to do business as a registrant or licensee before
				  the registration or license expiration date shall submit written notice of
				  cancellation of the registration or license to the department within 30 days of
				  cessation of such business.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.24 - LIMITED EXEMPTION TO LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
An investigator licensed in another state may conduct
				  business in New Mexico only under the circumstances indicated below.
A. the investigation must be initiated in the
				investigator's home state;
B. the
				investigator may spend no more than 30 days per case while conducting an
				investigation in another state; and
C. the investigator is prohibited from
				soliciting business while in New Mexico and from establishing a business or
				setting up residence while conducting an investigation in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.25 - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant for
				licensure or registration by reciprocity may not engage in the practice of
				private investigations, private patrol operator, polygraph examiners or
				security guard in New Mexico until approval for licensure by reciprocity has
				been given and the department has issued an initial license.
B. Acceptance of a reciprocity applicant for
				licensure or registration is subject to department approval. All applicants for
				licensure or registration by reciprocity shall:
(1) be duly and currently licensed or
				registered, for at least one year, in at least one other state;
(2) have no history of disciplinary action
				within the last year against any professional license or
				registration;
(3) provide proof of
				having met education and experience requirements in the state of licensure
				similar to or better than those required in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 2 - REQUIREMENTS FOR LICENSURE › Section 16.48.2.26 - INCOMPLETE INITIAL APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial applications for any license or
				registration type will expire twelve months from the date the application is
				stamped "received" by the department.
B. The fingerprint background check required
				for initial application expires after ninety days from the date it is issued.
				If the applicant wants to continue with the application process, and the
				fingerprint background check has expired, the applicant will be required to
				submit a new fingerprint background check to continue the application
				process.
C. After the expiration of
				the twelve month period, applicant will be required to submit a new initial
				application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 3 - STANDARDS OF PRACTICE › Section 16.48.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-5,
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 3 - STANDARDS OF PRACTICE › Section 16.48.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 3 - STANDARDS OF PRACTICE › Section 16.48.3.10 - DEPUTY SHERIFF COMMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No licensee subject to the Private
				Investigators Act shall require any employee, as a condition or requirement of
				the employee's hiring or continued employment, to obtain a deputy sheriff's
				commission from any county sheriff, or to obtain a similar commission from any
				federal, state or local law enforcement agency.
B. No licensee subject to the Private
				Investigators Act nor any of their employees shall, during the pursuit of their
				licensed activities, display any deputy sheriff's or similar commission or
				badge issued pursuant to that commission in a manner likely to cause confusion
				between the licensed business and any city, local, federal or state police
				organization, or any branch of the United States military.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 3 - STANDARDS OF PRACTICE › Section 16.48.3.11 - FICTITIOUS NAMES AND TITLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fictitious names under which licensees
				conduct businesses shall not contain words which may foster confusion with
				city, local, state or federal law enforcement agencies, such as
				"police".
B. The terms, "police",
				"sheriff", "peace officer", or "law enforcement", shall not be used as part of
				any business name and shall not be displayed or used on business cards,
				stationary, advertisements, badges, uniforms, emblems, insignia or
				identification. No person licensed or required to be licensed under this act
				shall in any way give the impression that they are connected with the federal
				government, state government or any political subdivision of a state
				government.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 3 - STANDARDS OF PRACTICE › Section 16.48.3.12 - UNIFORMS, INSIGNIA, AND BADGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Uniforms worn by a registrant or licensee
				shall be of such design as not to be confused with uniforms worn by city, local
				or state police, or by any branch of the United States military. Insignia
				attached to the uniform of any registrant or licensee shall be of such design
				and placed in such manner as not to be confused with insignia attached to
				uniforms worn by city, local or state police, or by any branch of the United
				States military. A badge may be worn by a registrant or licensee only while
				such individual is in uniform and on duty.
B. A patch, at least 2 1/2" x 1/2", entitled
				"SECURITY" will be worn on the left upper sleeve.
C. An identifiable plate showing the name of
				the individual and the company will be worn by all uniformed personnel. Such
				identification will be placed on the individual's outermost garment and be
				clearly visible at all times.
D.
				All private patrol operators and company licensees shall furnish the department
				a complete description of their uniform and shall furnish full length color
				photographs of the front and each side view of the uniform. All photographs
				must be clear and legible and shall accurately depict the uniform. A printed
				form, furnished by the department, shall be submitted describing those features
				deemed pertinent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 4 - MANDATORY FIREARMS TRAINING › Section 16.48.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals that apply for licensure and are authorized
				  to carry a firearm under the Private Investigations Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 4 - MANDATORY FIREARMS TRAINING › Section 16.48.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-31.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 4 - MANDATORY FIREARMS TRAINING › Section 16.48.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 5 - FEES › Section 16.48.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 5 - FEES › Section 16.48.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 5 - FEES › Section 16.48.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish fees to generate revenue adequate to fund the
				  cost of program administration as authorized under Section
				  61-27B-20
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 5 - FEES › Section 16.48.5.8 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				fees payable to the department are non-refundable.
B. Application fees:
(1) private investigator $100
(2) private investigations manager
				$100
(3) private patrol operator
				$100
(4) private patrol operations
				manager $100
(5) polygraph examiner
				$100
(6) instructor $100
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 6 - CONTINUING EDUCATION › Section 16.48.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 6 - CONTINUING EDUCATION › Section 16.48.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 6 - CONTINUING EDUCATION › Section 16.48.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 is to inform licensees and
				  registrants of continuing education required for license
				  renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 6 - CONTINUING EDUCATION › Section 16.48.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of continuing education requirements,
"renewal period"
shall mean the period between issuance of license
				  or registration to expiration of license or registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 6 - CONTINUING EDUCATION › Section 16.48.6.8 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Continuing education is required for renewal of an individual license or
				registration.
B. Private
				investigators and private patrol operators must complete a minimum of two hours
				of continuing education credit per year. Upon renewal for a three year period
				pursuant to
				16.48.7.8
				NMAC, a private investigator and private patrol operator must complete a
				minimum of six hours of continuing education credit from an approved source,
				during each renewal period to maintain their license.
C. Security guards must complete a minimum of
				two hours of continuing education credit per year. Upon renewal for a three
				year period pursuant to
				16.48.7.8
				NMAC, a security guard must complete a minimum of six hours of continuing
				education credit from an approved source, during each renewal period to
				maintain their registration.
D.
				Polygraph licensees must complete a minimum of 10 hours of continuing education
				credit per year. Upon renewal for a three year period pursuant to
				16.48.7.8
				NMAC, a polygraph licensee must complete a minimum of thirty hours of
				continuing education credit from an approved source, during each renewal period
				to maintain their license.
E. Proof
				of participation in or presentation of continuing education must be submitted
				with the license or registration renewal application, or registration or
				license will not be renewed.
F. All
				continuing education hours must be earned during the renewal period; no
				carryover will be permitted.
G.
				Firearms requalification courses will not count towards mandatory continuing
				education credits.
H. Approved
				providers of continuing education include:
(1)
				college level courses;
(2) in-house
				training provided by a private patrol company licensed by the
				department;
(3) the New Mexico law
				enforcement academy; or
(4) any
				other department-approved educational institution or program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the licensees and registrants licensed
				  and registered pursuant to the Private Investigations Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Private
				  Investigations Act, Section
				  61-27B-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 24, 2008 unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the procedures for license expiration
				  and license and registration renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS › Part 7 - LICENSE RENEWAL, INACTIVE STATUS AND REINSTATEMENT › Section 16.48.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to
				  16.48.1.7
				  NMAC