New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 39 - ENGINEERING AND SURVEYING PRACTITIONERS › Part 1 - GENERAL PROVISIONS-PROFESSIONAL ENGINEERING AND SURVEYING ORGANIZATION AND ADMINISTRATION › Section 16.39.1.12 - DUTIES OF THE BOARD, OFFICERS OF THE BOARD, AND THE EXECUTIVE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall
				act as a whole in all administrative, financial and personnel matters and any
				other activity not specifically related to the practices of engineering or
				surveying.
B. The board shall
				appoint an executive director who shall serve at the pleasure of the
				board.
C. The chair of the board
				shall preside at all meetings; shall appoint all committees; shall sign all
				certificates of licensure, vouchers and other official documents; and shall
				otherwise perform all duties pertaining to the office of the chair.
D. The vice-chair shall, in the absence or
				incapacity of the chair, exercise the duties and shall possess all the powers
				of the chair.
E. The secretary of
				the board shall co-sign all certificates of licensure and in the absence or
				incapacity of the chair and vice-chair, exercise the duties and shall possess
				all the powers of the chair.
F. The
				executive director shall perform and supervise the following for the board and
				professional engineering and professional surveying committees:
(1) conduct and care for all correspondence
				in the name of the board, the professional engineering committee and the
				professional surveying committee;
(2) record and file all applications,
				certificates of licensure, examinations, licenses and revocations for both
				professional engineering and professional surveying committees;
(3) prepare and submit to the board, at the
				first meeting of each fiscal year for review and approval, an annual report of
				board activities and statistics for the preceding fiscal year, including a
				financial report; prepare the approved annual report for transmittal to the
				governor;
(4) keep a record of all
				meetings of the board and committees and maintain a proper account of the
				business of the board; a draft of the meetings' minutes shall be provided to
				each member for comment within 10 working days after each meeting; a final
				draft shall be provided to each board member at the next meeting for final
				approval;
(5) receive and account
				for all funds and transfer same to state treasurer within 24 hours of receipt;
				authorize and approve payment by department of finance and administration
				invoices and vouchers for only those expenditures included in the board's
				approved operating budget;
(6)
				present and submit to the board at the first meeting of each fiscal year a
				financial report prepared by the rules of generally accepted accounting
				principles as of the preceding June 30th, such report to include the reporting
				of the transactions of the board during the preceding fiscal year, and a
				complete statement of the receipts, expenses and expenditures of the board;
				upon being approved by the board, shall be included in the annual report and
				submitted to the governor;
(7)
				receive and review licensure applications for completeness for consideration by
				the respective committees;
(8)
				schedule and arrange for the administration of written examinations provided
				for in the Engineering and Surveying Practice Act, content of which having been
				approved by the board or respective professional engineering or professional
				surveying committees; when requested by the applicant, the director shall make
				reasonable accommodations for the testing of an applicant with a certified
				disability in accordance with the provisions of the Americans with Disabilities
				Act and who meets the minimum qualifications in the Engineering and Surveying
				Practice Act and these rules; when necessary qualified assistance, approved by
				the board, may be retained for conduct of examinations;
(9) prepare and maintain a current roster on
				the board's website, and furnish copies to the pubic upon request and payment
				of a fee as determined by the board; in accordance with Section
				61-23-13
				NMSA 1978;
(10) prepare and
				maintain a current roster of business entities with an affidavit identifying
				the authorized company officer and the professional engineer or professional
				surveyor or both who is employed by the business entity and in the responsible
				charge;
(11) provide one week in
				advance of each meeting, drafts of the agenda of the meeting to each member of
				the board;
(12) publish an annual
				newsletter at a minimum;
(13)
				direct investigations of any alleged violations or infringements of the
				Engineering and Surveying Practice Act; a written report covering status of
				protest actions and alleged violations shall be presented to the appropriate
				committee at each meeting; this may be in the form of appropriate commentary
				recorded in the minutes, supported by a separate file on the case; when
				necessary, qualified assistance, approved by the board, may be retained for
				conduct of investigations;
(14)
				file formal disciplinary actions upon approval by the board with the
				appropriate jurisdiction for prosecution of alleged violations of the act and
				the board's rules.