New Mexico Administrative Code

This part applies to the licensees, registrants, and applicants.

These rules are promulgated pursuant to the Private Investigations Act, Section 61-27B-5 NMSA 1978.

Permanent

September 24, 2008 unless a later date is cited in the history note at the end of a section.

To define terms relevant to private investigations, when a license is required, persons exempted, custody and alteration of license, transferability, display of license, notification of changes, local regulations, and professional ethical standards.

As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning: A. "act" means the New Mexico Private Investigations Act; B. "advisory board" means the New Mexico private investigations…

A. Code of ethics for private security management. As managers of private security functions and employees, we pledge: (1) to recognize that our principal responsibilities are, in the services of our organizations and clients, to protect life and property as well as to prevent an…

If any provision of these rules or the application thereof to any person or circumstances shall be held to be invalid or unconstitutional, the remainder of these rules and the application of such provisions to other persons or circumstances shall not be affected thereby.

Regulation and Licensing Department.

A. Application requirements: Applicants for licensure as a private investigations company must meet the qualifications and requirements described in Section 61-27B-8 NMSA 1978, and must submit a completed application, which includes: (1) general application information as listed …

A. Application requirements: Applicants for licensure as a private investigations manager must meet the qualifications and requirements described in Section 61-27B-9 NMSA 1978, and must submit a completed application, which includes: (1) general application information as listed …

A. Application requirements: Applicants for licensure as a private investigations employee or private patrol employee must meet the qualifications and requirements described in Section 61-27B-14 NMSA 1978, and submit a completed application, which includes:(1) general application…

A. Application requirements: Applicants for licensure as a private patrol operator must meet the qualifications and requirements described in Section 61-27B-10 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subsecti…

A. Application requirements: Applicants for licensure as a private patrol company must meet the qualifications and requirements described in Section 61-27B-11 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subsectio…

A. Application requirements: Applicants for licensure as a private patrol operations manager must meet the qualifications and requirements described in Section 61-27B-12 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed i…

A. Application requirements: Applicants for licensure as a polygraph examiner must meet the qualifications and requirements described in Section 61-27B-13 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subsection C …

A. Application requirements: Applicants for licensure as a level one security guard must meet the qualifications and requirements described in Section 61-27B-16 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subsect…

A. Application requirements: Applicants for licensure as a level two security guard must meet the qualifications and requirements described in Section 61-27B-17 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subsect…

A. Application requirements: Applicants for licensure as a level three security guard must meet the qualifications and requirements described in Section 61-27B-18 NMSA 1978, and submit a completed application, which includes: (1) general application information as listed in Subse…

All individuals and business entities that apply for licensure, registration or approval under the Private Investigations Act.

An individual seeking to be a registered instructor shall complete an application on a form provided by the department. The department shall review applications, register instructors, and maintain a list of current instructors authorized to teach the department's approved curricu…

A. Requirements: If an applicant elects to be firearm certified, it shall be necessary for each applicant to be examined by a licensed psychologist regarding the individual's mental suitability to carry a firearm within the individual's scope of duty as a licensed level three sec…

A registrant or licensee subject to the Private Investigations Act who ceases to do business as a registrant or licensee before the registration or license expiration date shall submit written notice of cancellation of the registration or license to the department within 30 days …

An investigator licensed in another state may conduct business in New Mexico only under the circumstances indicated below. A. the investigation must be initiated in the investigator's home state; B. the investigator may spend no more than 30 days per case while conducting an inve…

A. An applicant for licensure or registration by reciprocity may not engage in the practice of private investigations, private patrol operator, polygraph examiners or security guard in New Mexico until approval for licensure by reciprocity has been given and the department has is…

A. Initial applications for any license or registration type will expire twelve months from the date the application is stamped "received" by the department. B. The fingerprint background check required for initial application expires after ninety days from the date it is issued.…

The term for initial licensure and registration shall be three years.

These rules are promulgated pursuant to the Private Investigations Act, Section 61-27B-5 NMSA 1978.

Permanent.

September 24, 2008 unless a later date is cited in the history note at the end of a section.

To establish the procedures and outline the documents and information necessary to complete the application process for licensure, registration, and security guard training instructor approval.

Please refer to 16.48.1.7 NMAC in addition to the definitions within this part. A. "Chemical agents" means tear gas or any other certifiable non-lethal chemical agents used for the intent to restrain and control unruly or combative subjects for the purposes of safety to the secur…

A. General liability insurance: (1) A private investigation company or a private patrol company seeking to obtain or retain a license under the provisions of the Private Investigations Act shall maintain a general liability certificate of insurance in the amount of not less than …

A. Application requirements: Applicants for licensure as a private investigator must meet the qualifications and requirements described in Section 61-27B-7 NMSA 1978, and must submit a completed application, which includes: (1) general application information as listed in Subsect…

Regulation and Licensing Department.

A. No licensee subject to the Private Investigators Act shall require any employee, as a condition or requirement of the employee's hiring or continued employment, to obtain a deputy sheriff's commission from any county sheriff, or to obtain a similar commission from any federal,…

A. Fictitious names under which licensees conduct businesses shall not contain words which may foster confusion with city, local, state or federal law enforcement agencies, such as "police". B. The terms, "police", "sheriff", "peace officer", or "law enforcement", shall not be us…

A. Uniforms worn by a registrant or licensee shall be of such design as not to be confused with uniforms worn by city, local or state police, or by any branch of the United States military. Insignia attached to the uniform of any registrant or licensee shall be of such design and…

All individuals and business entities registered and licensed under the Private Investigations Act.

These rules are promulgated pursuant to the Private Investigations Act, Section 61-27B-5,

Permanent

September 24, 2008 unless a later date is cited in the history note at the end of a section.

To establish uniform standards of practice.

Refer to 16.48.1.7 NMAC

Regulation and Licensing Department.

All individuals that apply for licensure and are authorized to carry a firearm under the Private Investigations Act.

These rules are promulgated pursuant to the Private Investigations Act, Section 61-27B-31.