Chapter 61 — Chapter 61

A. A person who is not a licensee shall not: (1) conduct home inspections, develop a report or otherwise engage in the business of home inspection; (2) in the course of conducting business, use the title "home inspector", "certified home inspector", "registered home inspector", "…

A. Unless otherwise provided in the Home Inspector Licensing Act, an applicant for a license shall: (1) complete an application on forms provided by the board; (2) provide documentation to establish that the applicant is at least eighteen years of age; (3) provide the board with …

A. All applicants for licensure shall: (1) provide fingerprints to the department of public safety to permit a national criminal background check and to conduct a state background check; and (2) have the right to inspect records if the applicant's licensure is denied. B. Records …

A license shall be valid for a period not to exceed three years. No later than the last day of the month immediately following the licensee's birth month in the third calendar year after the license becomes effective, a licensee may renew the license by submitting a renewal appli…

The board shall adopt rules providing for continuing education programs that offer courses in home inspection practices and techniques. The rules shall require that a home inspector, as a condition of license renewal, shall successfully complete a minimum of sixty classroom hours…

History: Laws 1993, ch. 212, § 1; 2000, ch. 4, § 15; 1978 Comp., § 61-27A-1 recompiled as § 61-27B-1 by Laws 2007, ch. 115, § 1.

History: Laws 1993, ch. 212, § 10; 1999, ch. 272, § 34; repealed by Laws 2007, ch. 115, § 37.

History: Laws 1993, ch. 212, § 11; 1978 Comp., § 61-27A-11 recompiled as § 61-27B- 24 by Laws 2007, ch. 115, § 24.

History: Laws 1993, ch. 212, § 12; 1978 Comp., § 61-27A-12 recompiled as § 61-27B- 25 by Laws 2007, ch. 115, § 25.

History: Laws 1993, ch. 212, § 13; 1978 Comp., § 61-27A-13 recompiled as § 61-27B- 26 by Laws 2007, ch. 115, § 26.

History: Laws 1993, ch. 212, § 14; 1978 Comp., § 61-27A-14 recompiled as § 61-27B- 27 by Laws 2007, ch. 115, § 27.

ANNOTATIONS Repeals. — Laws 1998, ch. 55, § 94 repealed 61-27A-15 NMSA 1978, as enacted by Laws 1993, ch. 212, § 15, relating to review of record, effective September 1, 1998.

History: Laws 1993, ch. 212, § 16; 1978 Comp., § 61-27B-16 recompiled as § 61-27B- 28 by Laws 2007, ch. 115, § 28.

History: Laws 1993, ch. 212, § 17; 1978 Comp., § 61-27B-17 recompiled as § 61-27B- 29 by Laws 2007, ch. 115, § 29.

History: Laws 1993, ch. 212, § 18; 1978 Comp., § 61-27B-18 recompiled as § 61-27B- 30 by Laws 2007, ch. 115, § 30.

History: Laws 1993, ch. 212, § 19; repealed by Laws 2007, ch. 115, § 37.

History: Laws 1993, ch. 212, § 2; 1999, ch. 272, § 32; 1978 Comp., § 61-27A-2 recompiled as § 61-27B-2 by Laws 2007, ch. 115, § 2.

History: Laws 1993, ch. 212, § 20; 1978 Comp., § 61-27A-20 recompiled as § 61-27B- 32 by Laws 2007, ch. 115, § 32.

History: Laws 2000, ch. 4, § 16; 2005, ch. 208, § 19; repealed by Laws 2007, ch. 115, § 37.

History: Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-3 recompiled as § 61-27B-3 by Laws 2007, ch. 115, § 3.

History: Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-4 recompiled as § 61-27B-4 by Laws 2007, ch. 115, § 3.

History: Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-5 recompiled as § 61-27B-5 by Laws 2007, ch. 115, § 3.

History: Laws 1993, ch. 212, § 3; 1978 Comp., § 61-27A-6 recompiled as § 61-27B-7 by Laws 2007, ch. 115, § 3.

History: Laws 1993, ch. 212, § 7; repealed by Laws 2007, ch. 115, § 37.

History: Laws 1993, ch. 212, § 8; repealed by Laws 2007, ch. 115, § 37.

History: Laws 1993, ch. 212, § 9; 1978 Comp., § 61-27A-9 recompiled as § 61-27B-22 by Laws 2007, ch. 115, § 22.

Chapter 61, Article 27B NMSA 1978 may be cited as the "Private Investigations Act". History: Laws 1993, ch. 212, § 1; 2000, ch. 4, § 15; § 61-27A-1 recompiled as § 61- 27B-1; Laws 2007, ch. 115, § 1.

(Repealed effective July 1, 2030.) A. The department shall issue a license for a private patrol operator to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: (1) is at least twenty-one years …

(Repealed effective July 1, 2030.) A. The department shall issue a license for a private patrol company to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: (1) if an individual, is of good moral …

licensure; notification of department in event of termination of employment. (Repealed effective July 1, 2030.) A. The department shall issue a license for a private patrol operations manager to an individual who files a completed application accompanied by the required fees and …

The department shall issue a license as a polygraph examiner to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: A. is at least eighteen years of age; B. is of good moral character; C. posse…

registration; requirements. (Repealed effective July 1, 2030.) A. Every individual who seeks employment or is currently employed as a private investigations employee or who provides services on a contract basis to a private investigation company shall file an application for regi…

effective July 1, 2030.) A. A security guard shall be registered at one of the three levels enumerated in this section that are based on experience, age and other qualifications of the registrant: (1) level one is the entry level registration for security guards who will be worki…

(Repealed effective July 1, 2030.) A. On or after July 1, 2007, every individual seeking employment or employed as a level one security guard shall file an application for registration with the department. B. The department shall issue a registration for a level one security guar…

(Repealed effective July 1, 2030.) A. On or after July 1, 2007, every individual seeking employment or employed as a level two security guard shall file an application for registration with the department. B. The department shall issue a registration for a level two security guar…

(Repealed effective July 1, 2030.) A. Every individual seeking employment or employed as a level three security guard shall file an application for registration with the department. B. The department shall issue a registration for a level three security guard to an individual who…

procedure; qualifications; prohibited. (Repealed effective July 1, 2030.) A. A private patrol company employing a nonresident security guard temporarily for a special event shall apply to the department for and may be issued a special event permit for each nonresident security gu…

curriculum approval; firearms training. (Repealed effective July 1, 2030.) A. Every individual seeking to register as an instructor shall complete an application on a form provided by the department and submit the required application fee. The application shall include: (1) finge…

As used in the Private Investigations Act: A. "armored car company" means a company that knowingly and willingly transports money and other negotiables for a fee or other remuneration; B. "bodyguard" means an individual who physically performs the mission of personal security for…

Except as provided in Section 61-1-34 NMSA 1978, the department shall establish a schedule of reasonable fees as follows: A. private investigator fees: (1) application fee, not to exceed one hundred dollars ($100); (2) initial private investigator's license fee or license renewal…

July 1, 2030.) A. A license or registration granted pursuant to the provisions of the Private Investigations Act shall be renewed by the department biennially unless the term of the license is set by the department in rule to be a longer period. B. A licensee or registrant with a…

effective July 1, 2030.) A. A license shall at all times be posted in a conspicuous place in the principal place of business in New Mexico of the licensee. B. A copy of the registration of each registrant employed by a private investigation company or a private patrol company sha…

management; liability for employees' conduct; maintenance of records required; required and permitted activities; allowed categories of unlicensed employees. (Repealed effective July 1, 2030.) A. An owner of a private investigation company providing services in New Mexico shall o…

A private investigation company or a private patrol company shall maintain a general liability certificate of insurance in an amount required by the department. History: Laws 1993, ch. 212, § 11; § 61-27A-11 recompiled as § 61-27B-24; Laws 2007, ch. 115, § 24; 2023, ch. 190, § 48…

A. A licensee or registrant may divulge to a law enforcement officer or district attorney, the attorney general or the attorney general's representatives information the licensee or registrant acquires concerning a criminal offense, but the licensee or registrant shall not divulg…

registration. (Repealed effective July 1, 2030.) In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61- 1-31 NMSA 1978], the department may deny, suspend or revoke a license or registration held or applied for under the Private Investigations Act or r…

A. A person who is denied a license or registration or who has a license or registration suspended or revoked shall be entitled to a hearing before the department if within twenty days after the denial, suspension or revocation a request for a hearing is received by the departmen…

2030.) A. A license or registration issued pursuant to the Private Investigations Act shall not be transferred or assigned. B. The department shall adopt by rule procedures for changes in the name or management of a private investigation company or private patrol company. If the …

The provisions of the Private Investigations Act shall not prevent the local authorities of a city or county by ordinance and within the exercise of the police power of the city or county from imposing local ordinances upon a street patrol special officer or on a person licensed …

1, 2030.) It is unlawful for an individual to: A. act as a private investigator, private patrol operator, security guard, private investigations employee, private investigations manager or private patrol operations manager or to make any representation as being a licensee or regi…