New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 3 - REGISTRATION AND RENEWAL, DUPLICATE CERTIFICATES, SEAL SPECIFICATIONS AND DOCUMENT IDENTIFICATION › Section 16.30.3.8 - GENERAL QUALIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The examination and reciprocity committee
				shall make its recommendations to the board regarding the qualifications of
				applicants for registration. A majority vote of the board shall be required in
				determining those applicants qualified for registration.
B. The applicant shall be of good character
				and repute. Factors that the board may consider under this qualification are:
(1) misstatement or misrepresentation of fact
				by the applicant in connection with his or her application;
(2) violation of any of the standards of
				conduct required by registration holders and set forth in the statutes or rules
				and regulations; or
(3) practicing
				architecture without a valid and current registration in the jurisdiction in
				which the practice took place; or
(4) Convictions for any of the following
				felony 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:
(a) homicide or manslaughter;
(b) trafficking, or trafficking in controlled
				substances;
(c) kidnapping, false
				imprisonment, aggravated assault or aggravated battery;
(d) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, or other related felony
				sexual offenses;
(e) crimes
				involving adult abuse, neglect or financial exploitation;
(f) crimes involving child abuse or
				neglect;
(g) crimes involving
				robbery, larceny, extortion, burglary, bribery, fraud, forgery, embezzlement,
				credit card fraud, misuse of public funds, violation of the procurement code,
				offering or soliciting an illegal kickback, tampering with public records,
				perjury, identity theft, or receiving stolen property;
(h) human trafficking;
(i) driving under the influence or driving
				while intoxicated;
(j) using a
				forged architectural registration seal pursuant to Subsection A of Sections
				61-15-10, et. seq. NMSA 1978;
				or
(k) an attempt, solicitation, or
				conspiracy involving any of the felonies in this
				subsection.
(5) The board
				shall not consider the fact of a criminal conviction as part of an application
				for licensure unless the conviction in question is one of the disqualifying
				criminal convictions listed in Subsection A of this rule.
(6) The board shall not deny, suspend or
				revoke a license on the sole basis of a criminal conviction unless the
				conviction in question is one of the disqualifying criminal convictions listed
				in Subsection A of this rule.
(7)
				Nothing in this rule prevents the board from denying an application or
				disciplining a licensee on the basis of an individual's conduct to the extent
				that such conduct violated the Architecture Act, regardless of whether the
				individual was convicted of a crime for such conduct or whether the crime for
				which the individual was convicted is listed as one of the disqualifying
				criminal convictions listed in Subsection A of this rule.
(8) In connection with an application for
				licensure, the board shall not use, distribute, disseminate, or admit into
				evidence at an adjudicatory proceeding criminal records of any of the
				following:
(a) an arrest not followed by a
				valid conviction;
(b) a conviction
				that has been sealed, dismissed, expunged or pardoned;
(c) a juvenile adjudication; or
(d) a conviction for any crime other than the
				disqualifying criminal convictions listed in Subsection A of this
				rule.