New Mexico Administrative Code

The development of a statewide centralized system for the filing of effective financing statements or notices of such financing statements with the office of the secretary of state. As required by New Mexico law, the secretary of state shall design and implement the central filin…

A. "Buyer in the ordinary course of business" means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products. B. "Central filing system" means the system for filing effective f…

A. An effective financing statement (form EFS-1) must be filed with the office of the secretary of state. Upon receipt, the EFS-1 will be stamped with the date and time received which will be used as the date of filing. The fee for filing an effective financing statement is eleve…

A. An existing EFS-1 may be amended by filing an amended effective financing statement (form EFS-2) with the office of the secretary of state. The fee for filing form EFS-2 is eleven dollars and fifty cents ($11.50) if the form prescribed by the secretary of state is utilized. An…

New Mexico Board of Licensure for Professional Engineers and Professional Surveyors, 2550 Cerrillos Road, Santa Fe, NM 87507, telephone: (505) 476-4565, website: www.sblpes.state.nm.us.

A. Improvement location reporting is the preparation of an improvement location report which is a narrative report, which may be accompanied by a sketch, and which is issued only to a title, abstract or escrow company or a lending institution for their exclusive use; it shall not…

On topographic surveys with contour lines, the vertical accuracy of ninety percent of the points tested shall be within one half of the contour interval, unless otherwise stated on the survey. Every topographic map shall comply with 12.8.2.14 and 12.8.2.16 NMAC.

A. When performing easement surveying, the surveyor shall use procedures in any field measurements which achieve the minimum accuracy standards in 12.8.2.16 NMAC. B. If the easement does not run parallel to a boundary of the tract in which it is located, then the surveyor shall p…

When performing right of way surveying, the surveyor shall do all of the following. A. Obtain a copy of the last recorded deed for the tract(s) affected by the existing or contemplated right of way and obtain copies of all existing right of way maps and conveyance documents avail…

Whenever a professional surveyor undertakes control surveying as defined in 12.8.2.7 NMAC, where the coordinates and elevations of the control points established by the survey will be relied upon by professionals other than the original surveyor for future phases of the work, the…

When a surveyor does surveying of a type not described in these standards, the surveyor shall do all that is necessary to fully determine and report all information which is relevant to the project. The scope of the project may be stated and limited. The surveyor shall not prepar…

A. Topographic map accuracy standards. (1) The required horizontal and vertical accuracy of a topographic map produced by field procedures or photogrammetric methods shall be determined on a project by project basis and shall meet the accuracy standards set forth in the current A…

A. Except as prescribed in Subsections B and C of 12.8.2.16 NMAC, monuments set by the surveyor shall be ferrous metal, at least one-half inch in diameter (or the equivalent if other than round) and at least 16 inches long. They shall bear a metal or plastic cap stamped with the …

A. Authority. These rules are authorized by the Engineering and Surveying Practice Act. B. Penalties. The New Mexico board of licensure for professional engineers and professional surveyors may take those actions prescribed in the Engineering and Surveying Practice Act against an…

Provisions for Part 2 apply to licensed professional surveyors engaging in the practice of surveying and to licensed professional engineers who are authorized by the Engineering and Surveying Practice Act.

NMSA 1978, Section 61-23-10(D) prescribes that "the professional surveying committee shall adopt and promulgate rules of professional responsibility exclusive to the practice of surveying. All such bylaws and rules shall be binding upon all individuals licensed pursuant to the En…

Permanent.

5/01/2007, unless a later date is cited at the end of a section.

The objective of part 2 is to define the types of surveying, and to establish a minimum standard of professional competency and performance to govern the performance of surveying and other survey-related services by licensed professional surveyors in New Mexico. It is the respons…

A. Professional competency and performance: A surveyor shall provide competent representation to the client, their employer and the public interest. Competent surveying practice requires the knowledge, skill, thoroughness, and preparation reasonably necessary for the engagement i…

Whenever a professional surveyor or a professional engineer undertakes any surveying as authorized in the Engineering and Surveying Practice Act, the licensee shall determine which type of surveying activity is being conducted from the definitions in Subsection A of 12. 8.2.7 NMA…

When performing a boundary survey, the surveyor shall be responsible for accomplishing all of the following. A. Obtain copies of relevant documents necessary to perform the survey. B. Review recorded plats and plats known to and available to the surveyor that are germane to the t…

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Office of the Secretary of State.

A. The secretary of state shall provide regular training and administration of an examination pursuant to Subsection B of Section 14-14A-21 NMSA 1978. Training may be provided by the secretary of state or through any third-party training vendor approved by the secretary of state.…

A. A notary public or notarial officer may charge the maximum fees pursuant to Section 14-14A-28 NMSA 1978 with a fee not to exceed $25.00 for each remote notarial act. B. For an in-person notarization of an electronic record, the notary public shall follow the fee structure esta…

A. Notarial procedures for tangible records. The individual and the notarial officer shall meet physically face-to-face, and the notarial officer shall determine whether the requirements of Section 14-14A-4 NMSA 1978 have been met and shall verify the identity of the individual a…

A. A notarial officer shall only notarize a record when the signer is either physically face to face or face to face online with the notarial officer. B. A notarial officer shall determine the signer's identity from personal knowledge or satisfactory evidence pursuant to Section …

A. The official stamp of a commissioned notary public shall conform to the requirements pursuant to Section 14-14A-16 NMSA 1978 and shall also include the words "Notary Public" and "State of New Mexico." B. The official stamp of a notarial officer that is not a commissioned notar…

A. A notary public shall maintain a journal to sequentially chronicle all notarial acts pursuant to Section 14-14A-18 NMSA 1978. B. A current or former notary public shall store the journal in a secure location under the notary public's sole control unless a current or former not…

A. A notarial officer who is not a notary public is not required to follow the application process prescribed by this rule except that the automatic notarial officer shall provide proof of having successfully completed an approved training course and passing the required examinat…

The rule applies to notarial acts, notaries public and other notarial officers pursuant to the Revised Uniform Laws on Notarial Acts (RULONA).

This rule is authorized by Section 14-14A-26 NMSA 1978.

Permanent

January 1, 2022, unless a later date is cited at the end of a section.

The objective of the rule is to establish standards, guidelines, procedures, fees, and responsibilities under the Revised Uniform Laws on Notarial Acts.