New Mexico Administrative Code

Subsection C of Section 61-15-4 NMSA 1978, prescribes that "The board may make rules not inconsistent with law."

Permanent.

January 15, 2019 unless a different date is cited at the end of the section.

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.

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.

Regulation and Licensing Department, Board of Barbers and Cosmetologists

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 m…

All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, schools, enterprises and establishments.

These rules are promulgated pursuant to the Barbers and Cosmetology Act, Sections 61-17A-1 to -25 NMSA 1978.

Permanent

June 16, 2001 unless a later date is cited in the history note at the end of a section.

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.

As used in the Barbers and Cosmetologists Act: A. "applicant" has the same meaning as defined in Subsection B of Section 61-1-2 NMSA 1978; B. "apprentice" means a person enrolled in a barber apprenticeship program approved by and registered with the state apprenticeship agency; C…

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 i…

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 vio…

Regulation and Licensing Department, Board of Barbers and Cosmetologists.

A. Pursuant to powers vested in it, the Board may from time to time request that a licensee provide it with information or documents concerning the licensee's activities. B. Within fifteen days of receipt of such request the licensee shall respond by complying with the request. C…

All barbers, cosmetologists, hairstylists,estheticians, manicurist/pedicurists, manicurist/estheticians, instructors, electrologists, schools, enterprises and establishments.

Section 61-17A-7 - This authorizes any member of the Board, its employees or agents to enter and inspect any establishment or enterprise for the purpose of determining compliance with the Barbers and Cosmetologists Act.

Permanent

June 16, 2001 unless a later date is cited in the history note at the end of a section.

Pursuant to the Barbers and Cosmetologists Act this part establishes the investigative methods.

Refer to Part 1

The Board may use any lawful method of investigation it deems necessary and appropriate, including undercover investigation using Board personnel, law enforcement personnel, and other investigative personnel and techniques.

The Board shall take all lawful confidentiality measures, which it deems necessary and appropriate to protect the effectiveness of its investigations, subject to the requirements of the New Mexico Inspection of the Public Records Act.

Regulation and Licensing Department, Board of Barbers and Cosmetologists

All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, schools, enterprises and establishments.

Sections 61-17A-7 and 61-17A-21 of the Barbers and Cosmetologists Act. This authorizes the board to refuse to issue, renew, suspend or revoke a license for anyone in non-compliance with the Barbers and Cosmetologists Act.

Permanent

June 16, 2001 unless a later date is cited in the history note at the end of a section.

Pursuant to the Barbers and Cosmetologists Act this part establishes the board to take action against a licensee in non-compliance of the act.

Refer to Part 1

A. When the board becomes aware of information or evidence tending to indicate that a violation of the act or these rules has been or is being committed by a licensee or student, it will review the matter and take appropriate action, or it may refer the matter to an informal subc…

A. If an establishment or enterprise fails the second inspection (re-inspection): (1) an administrative fee pursuant to 16.34.15.8 NMAC; (2) a cease and desist order will be served in accordance with the Uniform Licensing Act; (3) a re-inspection fee of up to $200.00 will be asse…

Regulation and Licensing Department, Board of Barbers and Cosmetologists

All schools governed by the Barbers and Cosmetologists Act.

Section 61-17A-12 - Licensure of Schools - This authorizes the Board to establish record keeping procedures.

Permanent

June 16, 2001 unless a later date is cited in the history note at the end of a section.

Pursuant to the Barbers and Cosmetologists Act this part establishes the time frame in which student documents are kept in the Board office.

Refer to Part 1

Student registration and Official Transcript of Training or Notices of Termination will be kept in the Board office for one year from the date of formal termination or withdrawal from the school. If the student wishes to validate incomplete hours or equivalent credits earned in p…

Regulation and Licensing Department, Board of Barbers and Cosmetologists

A. The be eligible for the examination, the applicant must meet all requirements and follow all procedures set forth by the board or its designee. B. Special needs: If an applicant has a physical disability or a special need that prevents him/her from taking the examination under…

Pursuant to Section 10-15-1(C) NMSA 1978, a board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment under the following conditions: A. this rule shall only apply when it is otherwise difficult or impossib…

Records of monies received in the board office for licenses and fees are maintained in the board office for a period of one year from date of receipt.

A. The board shall accept for consideration at its regular meetings where licensee actions are taken, petitions for variance of these rules. If a licensee wishes to petition the board for a variance of these rules, the licensee shall do so by filing with the board, in writing, a …

All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/estheticians, instructors, electrologists, schools, enterprises, establishments, applicants and consumers.