reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.9 - CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				architect shall not accept compensation for services from more than one (1)
				party on a project unless the circumstances are fully disclosed to all
				interested parties in writing and agreed to in writing by all interested
				parties.
B. If an architect has any
				business association or direct or indirect financial interest which is
				substantial enough to influence his or her judgment in connection with the
				performance of professional services, the architect shall fully disclose in
				writing to his or her client or employer the nature of the business association
				or financial interest, and if the client or employer objects to such
				association or financial interest, the architect will either terminate such
				association or interest or offer to give up the commission or
				employment.
C. An architect shall
				not solicit or accept compensation from material or equipment suppliers in
				return for specifying or endorsing their products without full disclosure to
				the client.
D. When acting as the
				interpreter of building contract documents and the judge of contract
				performance, an architect shall render decisions impartially, favoring neither
				party to the contract.
E. An
				architect shall not pay or receive a finder's fee, commission or compensation
				for the referral of a client to another professional, including but not limited
				to, an engineer, surveyor, builder, realtor or another architect, unless the
				circumstances are fully disclosed to all interested parties in writing and
				agreed to in writing by all interested parties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.10 - FULL DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				architect, making public statements on architectural questions, shall disclose
				whether the architect is being compensated for making such a
				statement.
B. An architect shall
				accurately represent to a prospective or existing client or employer the
				architect's qualifications and the scope of the architect's responsibility in
				connection with work for which he or she is claiming credit.
C. If, in the course of an architect's work
				on a project, the architect becomes aware of a decision taken by the
				architect's employer or client, against the architect's advice, which violates
				applicable state or municipal building laws, codes and regulations and which
				will, in the architect's judgment, materially affect adversely the safety to
				the public of the finished project, the architect shall:
(1) notify the employer or client in
				writing;
(2) report the decision to
				the local building inspector or other public official charged with the
				enforcement of the applicable state or municipal building laws, codes and
				regulations;
(3) refuse to consent
				to the decision; or
(4) in
				circumstances where the architect reasonably believes that such decisions will
				be taken notwithstanding the architect's objection, terminate the architect's
				services with reference to the project and have no liability to the architect's
				client or employer on account of the termination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.11 - COMPLIANCE WITH LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				architect, in the conduct of his or her architectural practice, shall not be
				convicted of any crime listed in Paragraph (4) of Subsection B of
				16.30.3.8
				NMAC.
B. An architect shall neither
				offer nor make any payment or gift to a government official, whether elected or
				appointed, with the intent of influencing the official's judgment in connection
				with a prospective or existing project in which the architect is
				interested.
C. An architect shall
				comply with the registration laws and regulations governing his or her
				professional practice in any jurisdiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.12 - PROFESSIONAL CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				office maintained for the preparation of architectural drawings,
				specifications, reports or other professional work shall have an architect
				regularly employed having direct knowledge and supervisory control of such
				work.
B. In providing architectural
				services, an architect shall confer with the client to assure that the client's
				program needs are met.
C. An
				architect shall not sign or seal drawings, specifications, reports or other
				professional work which was not prepared by the architect or under his or her
				responsible charge as defined in Subsection N of
				16.30.1.7
				NMAC. Responsible charge may be exercised through a third party who is not a
				registered architect, but the architect must maintain and make available to the
				board upon request for at least five years following sealing or signing,
				adequate and complete records demonstrating the extent of the architect's
				control over and detailed knowledge of such technical submissions throughout
				their preparation.
D. An architect
				shall neither offer nor make any gifts, other than gifts of nominal value,
				which may include reasonable entertainment and hospitality, with the intent of
				influencing the judgment of an existing or prospective client in connection
				with a project in which the architect is interested.
E. An architect shall not engage in conduct
				involving fraud or wanton disregard of the rights of others.
F. A registered architect shall not associate
				in a business venture offering architectural services with a person or firm
				where there is reason to believe that person or firm is engaging in activity of
				a fraudulent or dishonest nature or is violating board rules and regulations or
				statutes. A registered architect with such knowledge shall report such
				occasions to the board, and shall cooperate with any resulting
				investigations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 4 - CODE OF CONDUCT › Section 16.30.4.13 - MISREPRESENTATION OF PRIOR EXPERIENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Registered architects shall accurately represent to a
				  prospective or existing client or employer their qualifications and the scope
				  of their responsibility in connection with work for which they are claiming
				  credit.
A. In presenting
				qualifications to prospective clients, both public and private, it shall be the
				responsibility of each registered architect to clearly and appropriately state
				prior professional experience of the architect and the firm the architect is
				representing. If an architect uses visual representations of prior projects or
				experience, the architect whose seal appears must be clearly
				identified.
B. An architect who has
				been an employee of another architectural practice may not claim unconditional
				credit for projects contracted for in the name of the previous employer. The
				architect shall indicate, next to the listing for each project, that the
				individual experience gained in connection with the project was acquired as an
				employee, and identify the previous architectural firm. The architect shall
				also describe the nature and extent of the architect's participation in the
				project.
C. An architect who was
				formerly a principal in a firm may legitimately make additional claims provided
				the architect discloses the nature of ownership in the previous architectural
				firm (example: stockholder or junior partner) and identifies with specificity
				the architect's responsibilities for the project.
D. An architect who presents a project that
				has received awards recognition must comply with the requirements of this rule
				with regard to project presentation to the public and prospective
				clients.
E. Projects which remain
				unconstructed and which are listed as credits should be listed as "unbuilt" or
				some similar designation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 5 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C ofSection
				  61-15-4
				  NMSA 1978 prescribes that "The board...may make rules not inconsistent with
				  law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in this section shall have the same
				  meaning as terms defined in the Parental Responsibility Act, Sections
				  40-5A-1
				  through 13 NMSA 1978.
A.
"HSD"
means the New Mexico human services department.
B.
"Statement of compliance"
means a certified statement from HSD stating that an applicant or registrant is
				in compliance with a judgment and order for support.
C.
"Statement of non-compliance"
means a certified statement from HSD stating that an applicant or registrant is
				not in compliance with a judgment and an order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disciplinary
				proceedings against a registered New Mexico architect, applicant, or unlicensed
				individual may be initiated by a complaint of any person, including members of
				the board, that is signed under penalty of perjury. Complaint forms shall be
				obtained from the board office or the board's website and shall be reviewed by
				the enforcement subcommittee of the rules and regulations committee.
B. Complaint forms shall be confidential
				pursuant to Subsection D of Section
				61-15-5
				NMSA 1978. Complaints admitted as evidence during a formal disciplinary hearing
				are no longer confidential pursuant to Subsection D of Section 61-15.5 NMSA
				1978, and may be subject to public inspection.
C. The enforcement subcommittee shall have
				the authority to initiate investigations and determine whether sufficient
				evidence exists to support the recommendation for the issuance of a notice of
				contemplated action to the full board for a vote. If the enforcement
				subcommittee deems the alleged action did not amount to a violation or was a
				minor violation, it may close the matter with an advisory letter.
D. a report of all complaints filed shall be
				provided to the board at each regular board meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.9 - SETTLEMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For all non-parental responsibility actions:
A. The enforcement subcommittee may negotiate
				a proposed settlement agreement at any time prior to the issuance of a notice
				of contemplated action
.
The proposed settlement agreement is
				subject to approval by vote of the board and consent of the
				respondent.
B. The board may
				require an acknowledgement of disciplinary action for any violation.
C. The board may require an admission of
				guilt in a settlement agreement for any non-minor violation.
D. The board may report the settlement
				agreement to the relevant computer database(s).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.10 - NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS ("NCARB") CERTIFICATE REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall have the right to review and to suspend or
				  revoke a New Mexico registration granted on the basis of NCARB certification
				  should the certification be revoked by NCARB as a result of a disciplinary
				  action. The individual shall have the right to apply for reinstatement of New
				  Mexico registration of and when the NCARB certification has been
				  restored.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.11 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A person using any designation tending to imply to the public
				  that the individual is registered under the Architectural Act to practice
				  architecture; such as architect, architectural services, or words to that
				  effect, is in violation of Section
				  61-15-10
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 5 - ENFORCEMENT › Section 16.30.5.12 - PARENTAL RESPONSIBILITY ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disciplinary action: If an applicant or
				registrant is not in compliance with a judgment and order for support, the
				board:
(1) shall deny an application for
				registration;
(2) shall deny the
				renewal of a registration; and
(3)
				has grounds for suspension or revocation of the registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Examiners for
				  Architects.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 6 apply to any person registered as an
				  architect, or to anyone applying for registration as an architect in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  61-15-4 NMSA 1978 prescribes that
				  "The board....may make rules not inconsistent with law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 2023, unless a different date is cited at the
				  end of the section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to clearly outline the minimum
				  standards of practice expected from an individual registered as a New Mexico
				  architect.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.8 - DESIGN AND CONSTRUCTION DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Programming, if required by contract:
(1) Definition: To create or assist the owner
				in creating a project's design parameters and overall scope including
				priorities, goals, budget, data, concepts and general needs.
(2) The architect must be able to:
(a) prepare a program, presentations, reports
				and periodic reviews for owners and consultants;
(b) summarize and evaluate data and
				requirements; and
(c) form an
				educated opinion of probable costs and adequacy of the owner's
				budget.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.9 - CONSTRUCTION ADMINISTRATION (IF REQUIRED BY CONTRACT)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Bidding and contract negotiation.
(1)
				Definition: Assist the client in establishing and administering bidding
				procedures, issuing addenda, evaluating proposed substitutions, reviewing the
				qualifications of bidders, analyzing bids or negotiating proposals and making
				recommendations for the selection of contractors.
(2) The registrant should make clear what the
				registrant's role shall be in each of the following steps:
(a) the bid/award process;
(b) the analysis and evaluation of
				bids;
(c) settling protests to bid
				acceptability; and
(d) the role of
				lending institutions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.10 - DESIGN/BUILD WHERE THE ARCHITECT IS ALSO THE CONTRACTOR

Current through Register Vol. 35, No. 13, July 16, 2024
Unless a contractual relationship is stated otherwise, an
				  architect is responsible for the minimum competencies of construction
				  administration in a design/build project.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 6 - MINIMUM STANDARDS FOR THE PRACTICE OF ARCHITECTURE IN NEW MEXICO › Section 16.30.6.11 - PROJECT MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Means defining goals; coordinating tasks and scheduling,
				  assessing all discrepancies and performance of corrective actions, maintaining
				  design quality; closing out project records and agreements; and performing
				  project evaluations. It includes owner notification of any additional services
				  that may be required prior to their need.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Examiners for Architects, 2550 Cerrillos
				  Road - Third Floor, Santa Fe, NM 87505; telephone (505)
				  476-4830.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to expedite
				  licensure for military service members, their spouses and
				  veterans.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  61-15-4
				  NMSA 1978, prescribes that "The board may make rules not inconsistent with
				  law."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2019 unless a different date is cited at the end
				  of the section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to expedite licensure for
				  military service members, their spouses and recent veterans pursuant to
				  Subsection C of Section
				  61-15-4
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 30 - ARCHITECTS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.30.7.8 - EXPEDITED LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The Board complies with the expedited licensure procedures
				  and fee schedule for military service members, spouses and veterans as outlined
				  in the Uniform Licensing Act, Section
				  61-1-34,
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Barbers and
				  Cosmetology Act, Sections
				  61-17A-1 to -25 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 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 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to promote, preserve and protect
				  the public health, safety and welfare by establishing regulations generally
				  applicable to all licensees and professions subject to the Barbers and
				  Cosmetology Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.8 - MISSION OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
The mission of the board is to promote, preserve and protect
				  the public health, safety and welfare by regulating the practices of barbering,
				  cosmetology, electrology, esthetics, hairstyling, manicuring, and pedicuring in
				  New Mexico. The board is not an advocacy organization but is instead a
				  regulatory body responsible at all times and in all situations for acting in
				  the interest of the public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.9 - AUTHORITY OF THE REGULATION AND LICENSING DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Not withstanding any other provisions under these rules, the
				  department shall have the authority to:
A. process and issue licenses to applicants
				who meet the requirements of the Barbers and Cosmetology Act and board
				rules;
B. investigate persons
				engaging in practices that may violate the provisions of the Barbers and
				Cosmetology Act and report results of investigation to the board;
C. approve the selection of and supervise
				primary staff assigned to the board;
D. carry out the Operations of the board to
				include budgetary expenditures;
E.
				maintain records, including financial records; and
F. keep a licensee record in which the names,
				addresses and license numbers of all licensees shall be recorded together with
				a record of all license renewals, suspensions and revocations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.10 - INFORMATIONAL OBLIGATIONS OF LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Contact information:
(1) A licensee is obligated to maintain
				current and accurate contact information on file with the department.
(2) A licensee shall notify the department
				within 30 days of a change of the licensee's contact information.
(3) Failure to disclose a change of mailing
				or residential address may constitute grounds for disciplinary
				action.
(4) For the purpose of this
				rule, "contact information" means the licensee's mailing address, residential
				address, email address, and telephone number.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises, and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-5 -
				  License required to provide services for compensation directly or
				  indirectly.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 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 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes licensure requirements for barbers, cosmetologists, hairstylists,
				  manicurist/pedicurists, estheticians and electrologists. It further provides
				  for licensure requirements of establishments, enterprises, electrology clinics,
				  schools and instructors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.8 - GENERAL LICENSING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application forms:
(1) Application for any license to be issued
				or renewed by the board shall be made on the official form provided by the
				board for that purpose. Applications must include the required fee in the form
				of a money order, cashier's check, business check, or credit card for on-line
				renewal only, (no personal checks will be accepted). Incomplete applications
				will be returned. Applications are valid for one year from date of receipt.
				Designated deadlines will apply to resubmitted applications.
(2) With the exception of applications for
				barber apprentice licenses as listed in Subsection E below, applications for
				licensure must include:
(a) proof of age
				indicating applicant is at least 17 years of age; please provide one of the
				following: a copy of birth certificate, driver's license, state issued
				identification card, or baptismal certificate;
(b) proof of applicable secondary education:
				please provide a copy of one of the following: a high school diploma, G.E.D.
				certificate or transcript of G.E.D. test scores, letter from the high school
				attended containing the school seal, copy of the high school transcript showing
				10th grade equivalency or higher, a post-secondary transcript, successful
				completion of a 10th grade equivalency test, letter from the G.E.D. testing
				facility showing that the G.E.D has been passed; documents submitted in a
				language other than English must be accompanied by a certified translation
				completed by a government certified translator; and
(c) a transcript of hours from a school or a
				certificate of completion of a barber apprenticeship issued by the state
				apprenticeship agency showing that the training hours were completed within the
				preceding 12 months; if the training hours were obtained more than 12 months
				before the application is submitted to the board, then the applicant will need
				to register at a licensed school, submit to a scholastic evaluation to
				determine his training needs, and complete a minimum of 150 hours of remedial
				education; upon completion and proof of the remediation, the applicant may
				apply for and submit to the complete theory examination, the applicable
				practical examination and a state law examination.
(d) A current valid email address;
(e) The applicant must have successfully
				passed the national written and practical examinations. The minimum passing
				scaled score for all written and practical licensing examinations is
				75.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.9 - CUSTODY ANDALTERATION OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All board issued licenses and permits are
				property of the board and shall remain in the custody of the licensee at the
				discretion of the board.
B.
				Licenses and permits shall not be altered in any way.
C. Inspectors or board designees may retrieve
				any license or permit which is altered, suspended, revoked, expired, or left by
				a licensee who is no longer employed at an establishment, an enterprise, an
				electrology clinic, or school.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.10 - LICENSES POSTED

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				licenses, except identifcation licenses, issued by the board shall be posted
				where clearly visible to the public upon entry to the establishment at all
				times.
B. Licensees must attach a
				recent passport size colored photograph to the board issued license and sign
				the license where indicated.
C. All
				licensees, who have been placed on probation, will be issued a license, which
				states the licensee is on disciplinary probation. The license shall be posted
				where clearly visible to the public upon entry to the establishment at all
				times.
D. Licensees must present a
				driver's license or other identifcation when requested by the public, the board
				or its authorized representative.
E. Hours of operation shall be posted where
				clearly visible to the public at all times.
F. Most recent inspection report shall be
				printed and posted in each establishment within 72 hours of the inspection and
				posted where clearly visible to the public. It is the responsibility of the
				licensee that signed the inspection report and the operator to ensure this
				requirement is met.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.11 - PROVISIONS FOR EMERGENCY LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Barbers, cosmetologists, hairstylist,
				manicurists/pedicurists, estheticians, electrologists, and instructors
				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 in New Mexico during the four months following the
				declared disaster 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
				16.34.2.8
				NMAC, general licensing procedures;
				16.34.5.8
				NMAC, general licensure requirements; and
				16.34.6.8
				NMAC, reciprocity;
(3) other
				required verification will be that the board office will contact the
				applicant's prior licensing board by email, mail, or telephone for confirmation
				of what is provided by the applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.12 - 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 section 16.34.2.8, 16.37.5.8, and 16.34.6.8 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 34 - BARBERS AND COSMETOLOGISTS › Part 2 - LICENSING › Section 16.34.2.15 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Felony 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 or
				manslaughter;
(2) kidnapping, false
				imprisonment, aggravated assault or aggravated battery;
(3) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, or other related felony
				sexual offenses;
(4) crimes
				involving child abuse or neglect;
(5) crimes involving fraud, forgery,
				embezzlement, credit card fraud, or receiving stolen property; or
(6) an attempt, solicitation, or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-7
				  - Board Powers and Duties - This directs the barbers and cosmetologists board
				  to establish outlines for examinations for licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 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 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this outlines
				  examinations for licensure and scoring requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.8 - NOTICE OF EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				application for examination and applicable fee required by the act or these
				rules must be received by the board or its designee according to the published
				schedule. It is the applicant's duty to meet all deadlines. Any arrangement to
				have a third party (such as a school) transmit the fee and application is made
				at the applicant's risk. Failure of the third party to transmit the fee in a
				timely manner will render the applicant being ineligible to take the
				examination in question.
B. The
				doors to the examination room will close promptly at the scheduled examination
				start time. Applicants who do not appear on time or who do not have the
				required documents will not be permitted to the examination or will not be
				admitted to the examination. In extreme situations where mitigating
				circumstances are present, the board or its designee will decide whether to
				allow the applicant to take the examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.9 - EXAMINATION SCORES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				minimum passing scaled score for all written and practical licensing
				examinations is seventy five.
B.
				Examinations for all licenses except instructor licenses are scored in three
				individual segments, each requiring a minimum segment scaled score of seventy
				five. The segments are:
(1) national
				practical;
(2) national theory
				written; and
(3) state law
				written.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.11 - EXAMINATIONS FOR EXPIRED LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant whose license has expired for
				more than five years shall re-enter a licensed school, submit to a scholastic
				evaluation to determine his training needs, and complete a minimum of 150 hours
				of remedial education. Upon completion of the remediation, he may apply for and
				submit to the complete written theory examination, the applicable practical
				examination and a written state law examination.
B. An applicant whose license has expired for
				one year but less than five years shall be required to retake the applicable
				examinations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.12 - EXAMINATION REQUIREMENTS FOR EXPIRED LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants for examination to reinstate an expired
				  license shall submit a completed application for examination as required for
				  original licensure and submit proof that he:
A. meets the age requirements set forth for
				original licensure;
B. meets the
				secondary education requirements set forth for original licensure;
				and
C. has been previously licensed
				by the New Mexico board of barbers and cosmetologists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.13 - EXAMINATION REQUIREMENTS FOR FOREIGN TRAINED APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any foreign indicated person who meets the requirements set
				  forth in
				  16.34.2.8
				  NMAC may apply for a New Mexico license by examination. The examination
				  application must be submitted to the board or its designee along with the
				  following supporting documentation:
A.
				notarized translation of his valid license or certificate from another
				nation;
B. notarized translation of
				certified transcript of training from school or nation;
C. notarized translation of any other
				documents that may be required by the board or its designee;
D. notarized letters of employment from past
				employers or employment records to prove work experience if applicable as
				stated in Subsection B of 16.34.6.8 NMAC;
E. the requirements for translation apply
				only to documents written in a language other than English;
F. the board shall require examination
				applicants with foreign training who fail any part of the examination to
				register at a licensed school, submit to a scholastic evaluation to determine
				their training needs, and complete a minimum of 150 hours of remedial
				education. Upon completion and proof of the remediation, the applicant will be
				allowed to re-examine in the failed areas.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 3 - EXAMINATIONS › Section 16.34.3.14 - EXAMINATION REQUIREMENTS FOR APPLICANTS WITH FULL HOURS, NO OUT-OF-STATE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant, who has completed an equivalent course of study
				  in the United States within the preceding 12 months, but has not obtained a
				  license in another state, will be admitted to the New Mexico board examinations
				  subject to all requirements, which apply to New Mexico applicants to take
				  examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists
,
estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors,
				  electrologists, schools, enterprises, and establishments; applicants for
				  examination and students.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-7
				  - Board Powers and Duties - The board may create and establish standards for
				  special licenses. Section
				  61-17A-11 -
				  Requirements for licensure of instructors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 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 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To create and establish standards and fees for special
				  licenses pursuant to Paragraph (8) of Subsection A of Section
				  61-17A-7 NMSA 1978 of the Barbers
				  and Cosmetologists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.9 - BARBER APPRENTICE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall issue a barber apprentice license to an
				  applicant who submits the apprentice license fee, the application form required
				  and provided by the board, and a copy of the apprenticeship agreement between
				  the apprentice and the registered apprenticeship program, issued by the state
				  apprenticeship agency.
A. A barber
				apprentice license is valid during the time the apprentice is active in a
				registered apprenticeship program, but in no case longer than 36 months from
				the date of issuance. A barber apprentice license will automatically become
				invalid upon the apprentice's cancellation from a registered apprenticeship
				program or deregistration of an apprenticeship program by the state
				apprenticeship agency. The apprentice is responsible for returning the invalid
				license to the board within 30 days of the apprentice's cancellation or
				deregistration of the program.
B.
				The board may recommend to the state apprenticeship agency deregistration of a
				barber apprenticeship program for any violation of the board's rules or
				regulations.
C. A barber apprentice
				may receive related instruction from a journey worker/licensed barber
				instructor outside of a licensed establishment; however, barber apprentice
				services may not be performed on the public and practical application may not
				be taught outside of a licensed establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.10 - MANICURIST/ESTHETICIAN LICENSE (900 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. A combined manicurist/esthetician license
				permits the practitioner to:
(1) trim the
				nails of a person, including the trimming of otherwise healthy ingrown
				toenails;
(2) reduce corns
				callouses by using softening preparations or abrasion in order to beautify the
				foot;
(3) use chemical substances
				on the nails for the purpose of strengthening, repairing or lengthening the
				nails using nail tips, wraps or acrylic nail products. Nail extensions may be
				applied only after the nails, cuticles and nail plate have been properly
				prepared for the service and applicable product;
(4) apply massage and manipulations to the
				hands, arms and feet for the purpose of stimulating and smoothing;
(5) apply polish, oils or other cosmetic
				preparations for the purpose of beautifying the hands and feet;
(6) use cosmetic preparations, antiseptics,
				powders, oils, clays or lotion to any part of the body of a person;
(7) apply massage and manipulation techniques
				using the hands or mechanical apparatus;
(8) apply light therapy, high frequency and
				other types of facial treatments; and use specialized skin care and facial
				machines in applying facial treatments;
(9) apply cosmetic makeup preparations to
				contour and beautify the skin;
(10)
				application of product to eyelashes and eyebrows, including eyelash extensions
				and lash and brow tinting procedures; and
(11) remove superfluous or unwanted hair from
				the body of a person by any means except electrolysis or other invasive
				techniques and shaving.