Chapter 61 — Chapter 61

A. The "private investigations fund" is created in the state treasury. B. All license and registration fees received by the department pursuant to the Private Investigations Act shall be deposited in the fund and are appropriated to the department to be used for the administratio…

A private investigator, a private patrol operator, a private investigations employee, a level three security guard or a private patrol employee may carry a firearm upon successful completion of mandatory firearm training required by rules of the department and successfully passin…

A. A person who engages in a business regulated by the Private Investigations Act who fraudulently makes a representation as being a licensee or registrant is guilty of a misdemeanor and if convicted shall be sentenced pursuant Section 31-19-1 NMSA 1978. B. An individual who frau…

A. The department may enter into a reciprocity agreement with another state for the purpose of licensing or registering applicants to perform activities regulated by the Private Investigations Act. B. An applicant from another state at the time of application for licensure or reg…

2030.) A. The department shall adopt rules that: (1) are developed in conjunction with the department of public safety that require background investigations of all persons licensed or registered pursuant to the Private Investigations Act to determine if the person has a criminal…

History: Laws 2007, ch. 115, § 36; repealed by Laws 2023, ch. 190, § 53.

effective July 1, 2030.) The private investigations advisory board is terminated on July 1, 2029 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Private Investigations Act until July 1, 2030. Effect…

(Repealed effective July 1, 2030.) A. As used in this section, "temporary" means a period of time not to exceed the duration of one private event or one school or nonprofit organization event, as described in Paragraphs (2) and (3) of Subsection B of this section. B. The Private …

2030.) A. The department shall enforce and administer the provisions of the Private Investigations Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]. B. The department shall keep a record of each individual licensee. C. The department shall promul…

(Repealed effective July 1, 2030.) A. The "private investigations advisory board" is created. B. The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to ass…

(Repealed effective July 1, 2030.) A. The department shall issue a license as a private investigator to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant has met all requirements set forth by …

licensure. (Repealed effective July 1, 2030.) A. The department shall issue a license for a private investigation company to a person that files a completed application accompanied by the required fees and that submits satisfactory evidence that the applicant: (1) if an individua…

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 investigations manager to an individual who files a completed application accompanied by the required fees and who…

Chapter 61, Article 28B NMSA 1978 may be cited as the "1999 Public Accountancy Act". History: Laws 1999, ch. 179, § 1; 2007, ch. 219, § 1.

History: Laws 1999, ch. 179, § 10; repealed by Laws 2008, ch. 30, § 7.

permit issued by another state; exception. Repealed effective July 1, 2030.) A. The board may issue a certificate to a holder of a certificate, license or permit issued by another state upon a showing that the applicant: (1) passed the examination required for issuance of the app…

public accountants. (Repealed effective July 1, 2030.) A. A person who on July 1, 1999 holds a certificate as a registered public accountant issued pursuant to prior New Mexico law shall be entitled to have his certificate renewed upon fulfillment of the continuing professional e…

(Repealed effective July 1, 2030.) A. The board may grant or renew a permit to practice as a certified public accountant firm to an applicant that demonstrates its qualifications in accordance with this section. B. A permit issued pursuant to this section shall be required for th…

effective July 1, 2030.) Application for a certificate or permit by a person or firm that is domiciled outside of New Mexico shall constitute appointment of the secretary of state as the applicant's agent, upon whom process may be served in an action or proceeding against the app…

effective July 1, 2030.) A. Upon receipt of a complaint or other information suggesting a violation of the 1999 Public Accountancy Act, the board may conduct an investigation to determine whether there is probable cause to institute a proceeding against a person or firm. An inves…

(Repealed effective July 1, 2030.) A. Hearings by the board shall be conducted in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. B. In a case when the board renders a decision imposing discipline against a certificate or permit holder p…

2030.) A. Except as otherwise provided in the 1999 Public Accountancy Act, it is unlawful for a person to engage in practice in New Mexico unless the person is a licensee. B. Except as otherwise provided in the 1999 Public Accountancy Act, no person shall issue a report or financ…

2030.) A. Subsection B of Section 17 [61-28B-17 NMSA 1978] of the 1999 Public Accountancy Act does not prohibit: (1) an officer, partner, shareholder, member or employee of a firm from affixing his own signature to a statement or report in reference to the financial affairs of hi…

1, 2030.) A. No person engaged in practice shall use in a business name the words "company" or "and company" or a similar designation or any abbreviations thereof unless the person is a firm pursuant to the 1999 Public Accountancy Act and has more than one partner, shareholder or…

The purpose of the 1999 Public Accountancy Act is to protect the public interest by regulating the practice of public accountancy. History: Laws 1999, ch. 179, § 2.

(Repealed effective July 1, 2030.) A. The board may take, after providing a person due process pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], corrective action identified in Subsection B of this section following a finding that an applicant or licensee: (1) …

A. In any case in which the board has suspended or revoked a certificate or permit or refused to renew the same, the board may, upon application in writing by the person or firm affected and for good cause shown, modify the suspension or reissue the certificate or permit. B. The …

A. When the board has reason to believe that a person or firm has knowingly engaged in an act or practice that violates the provisions of the 1999 Public Accountancy Act, the board may bring its information to the attention of the district attorney or other appropriate law enforc…

1, 2030.) In an action brought pursuant to the provisions of the 1999 Public Accountancy Act, evidence of the commission of a single act prohibited by that act shall be sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of…

1, 2030.) Except by permission of the client for whom a certificate or permit holder performs a service or the heir, successor or personal representative of the client, a certificate holder shall not voluntarily disclose information communicated to him by the client relating to a…

1, 2030.) A. A statement, record, schedule, working paper or memorandum made by a certificate or permit holder incident to rendering a service to a client shall be the property of the certificate or permit holder in the absence of an express agreement between him and the client t…

from another state or jurisdiction; requirements. (Repealed effective July 1, 2030.) A. Except as provided in Subsection D of this section, a person whose principal place of business is not in New Mexico shall be presumed to have met comparable licensure requirements and may exer…

Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of Section 61- 28B-11 NMSA 1978, the board may collect from certificate holders, permit holders, applicants and others the following fees: A. for examination, a fee not to exceed four hundred dollars ($400) per exam…

2030.) Except as otherwise provided in the 1999 Public Accountancy Act, the provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration or criminal records required or permitted by the 1999 Public Accountancy Act. History: Laws 1…

effective July 1, 2030.) The New Mexico public accountancy board is terminated on July 1, 2029 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the 1999 Public Accountancy Act until Jul…

As used in the 1999 Public Accountancy Act: A. "accounting experience" means providing service or advice involving the use of accounting, attest, management advisory, financial advisory, tax or consulting skills as verified by a certified public accountant who meets requirements …

(Repealed effective July 1, 2030.) A. The "New Mexico public accountancy board" is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of seven members appointed by the governor who are citizens of the United S…

2030.) A. The board may: (1) appoint committees or persons to advise or assist it in carrying out the provisions of the 1999 Public Accountancy Act; (2) retain its own counsel to advise and assist it in addition to advice and assistance provided by the attorney general; (3) contr…

A. The "public accountancy fund" is created in the state treasury. All money received by the board and interest earned on investment of the fund shall be credited to the fund. B. Payments from the public accountancy fund shall be made upon warrants of the secretary of finance and…

History: Laws 1999, ch. 179, § 7; 2004, ch. 34, § 1; repealed by Laws 2017, ch. 12, § 5.

accountant. (Repealed effective July 1, 2030.) A. An applicant for a certificate shall complete the application form provided by the board and demonstrate to the board's satisfaction that the applicant: (1) is of good moral character and lacks a history of dishonest or felonious …

(Repealed effective July 1, 2030.) A. All applicants for certification as provided for in the 1999 Public Accountancy Act shall: (1) be required to provide fingerprints on two fingerprint cards for submission to the federal bureau of investigation to conduct a national criminal h…

competency; nonresident maintenance of competency requirements. (Repealed effective July 1, 2030.) A. The board shall grant or renew a certificate upon application and demonstration that the applicant's qualifications are in accordance with the 1999 Public Accountancy Act. B. The…

It is unlawful for a person to engage in the business or act in the capacity of real estate associate broker or qualifying broker within New Mexico without a license issued by the commission. A person who engages in the business or acts in the capacity of an associate broker or a…

ANNOTATIONS Recompilations. — Former 61-29-1.1 NMSA 1978, relating to registration of time share projects and licensing of salespersons, enacted by Laws 1986, ch. 97, § 2, has been recompiled as 47-11-2.1 NMSA 1978.

A. All applications for licenses to act as qualifying brokers and associate brokers shall be made in writing to the commission and shall contain such data and information as may be required upon a form to be prescribed and furnished by the commission. The application shall be acc…

A. For all regulated real estate transactions first executed on or after January 1, 2000, no agency relationship between a buyer, seller, landlord or tenant and a brokerage shall exist unless the buyer, seller, landlord or tenant and the brokerage agree, in writing, to the agency…

A. Prior to the time a licensee generates or presents any written document that has the potential to become an express written agreement, the licensee shall give to a prospective buyer, seller, landlord or tenant a list of the licensee's duties that are in accordance with require…

ANNOTATIONS Repeals. — Laws 2003, ch. 36, § 4 repealed 61-29-10.3, as enacted by Laws 1999, ch. 127, § 4, relating to brokerage nonagency relationships, effective January 1, 2004. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

A. The commission shall issue to each qualified applicant a license in the form and size prescribed by the commission. B. The license shall show the name and address of the licensee. An associate broker's license shall show the name of the qualifying broker by whom the associate …