1,113 sections in this chapter.
NMSA 1978, § 61-18A-16 Information to be included in collection agency license
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The license when issued shall state: A. that it is issued pursuant to the Collection Agency Regulatory Act and the rules and regulations established thereunder and that the licensee is duly authorized to conduct business under the Collection Agency Regulatory Act; B. the names of…
NMSA 1978, § 61-18A-17 Right granted by license
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Upon receipt of the license, the licensee has the right to conduct the business of a collection agency, repossessor, manager or solicitor with all the powers and privileges applicable thereto, contained in but subject always to all the provisions of the Collection Agency Regulato…
NMSA 1978, § 61-18A-19 Change of location; ownership or name; duplicate
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license. A. Upon any change of street address from that stated in the collection agency or repossessor license or any change of the business name therein shown, the licensee shall, within five days thereafter, deposit the license and written notification of the change of address …
NMSA 1978, § 61-18A-2 Definitions
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As used in the Collection Agency Regulatory Act: A. "division" means the financial institutions division of the regulation and licensing department; B. "director" means the director of the division or a duly authorized agent designated by the director; C. "collection agency" mean…
NMSA 1978, § 61-18A-20 Temporary license
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For the purpose of winding up the affairs and discontinuance or sale of the business of a licensee, in the event of death of the licensed manager or dissolution of a partnership, the director shall, upon proper application, issue a temporary license to the personal representative…
NMSA 1978, § 61-18A-21 Branch office
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Application for a license for a branch office or offices may be made by any licensee. The application shall state the location and address of the branch office and the name and address of the person to be actively in charge. The application shall be accompanied by a rider or endo…
NMSA 1978, § 61-18A-22 Office management; license
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A. Every licensed office of a collection agency, whether a principal or branch office, shall be under the active charge of a licensed manager. Each manager's license shall be issued by the director upon qualification by the applicant and shall be renewed annually upon application…
NMSA 1978, § 61-18A-23 Loss of qualified person
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Whenever a licensed manager ceases to be in charge of an office, the licensee shall notify the director in writing within ten days from such cessation. If the notice is given, the collection agency license shall remain in force for a reasonable period to be determined by the rule…
NMSA 1978, § 61-18A-25 Unauthorized practice as collection agency
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No person, who is not a duly licensed and qualified collection agency, shall print, publish or otherwise prepare for distribution any system of collection letters, demand forms or other printed matter upon his stationery or upon stationery upon which the said person's name appear…
NMSA 1978, § 61-18A-26 Assignments; right to sue
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Nothing in the Collection Agency Regulatory Act shall be construed to prevent collection agencies from taking assignments of claims in their own name as real parties in interest for the purpose of billing and collection and bringing suit in their own names; provided that no suit …
NMSA 1978, § 61-18A-27 Renewal of license; fee
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A. A licensee desiring renewal of the licensee's license shall, on or before November 30 of each year, file with the director an application for renewal on forms as may be designated by the director. The application shall be accompanied by the renewal fee. B. The director shall i…
NMSA 1978, § 61-18A-28 Remittance of collections to clients
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All collection agencies shall remit to their clients the proceeds of all collections, after deducting their commission, other lawful expenses and any amounts collected pursuant to Section 61-18A-28.1 NMSA 1978, within forty days of such collection unless otherwise provided by reg…
NMSA 1978, § 61-18A-28.1 Additional collection from debtors
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A. Unless the agreement between the debtor and the creditor or the agreement between the collection agency and the creditor otherwise expressly prohibits, a collection agency may collect from the debtor an amount equal to the gross receipts tax and the local option gross receipts…
NMSA 1978, § 61-18A-3 Administration and enforcement
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A. The administration and enforcement of the Collection Agency Regulatory Act shall be vested in the office of the director as set forth in that act. B. The director shall investigate violations or alleged violations of the Collection Agency Regulatory Act by persons engaged in b…
NMSA 1978, § 61-18A-30 Fees
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Except as provided in Section 61-1-34 NMSA 1978, the director shall charge and collect the following fees: A. an original license fee for a collection agency or branch thereof, of five hundred dollars ($500); B. a renewal fee for a collection agency or branch thereof, of three hu…
NMSA 1978, § 61-18A-31 Deposit of money
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All money received under the Collection Agency Regulatory Act by the director shall be deposited in the general fund. History: Laws 1987, ch. 252, § 31; 2022, ch. 39, § 85.
NMSA 1978, § 61-18A-32 Judicial review
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A person aggrieved by the decision of the director in the enforcement of the Collection Agency Regulatory Act [61-18A-1 NMSA 1978] may obtain judicial review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1987, ch. 252, § 32; 1998, c…
NMSA 1978, § 61-18A-33 Grandfather clause
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Any person properly licensed pursuant to the Collection Agency Act [61-18A-1 NMSA 1978] on the effective date of the enactment of the Collection Agency Regulatory Act is eligible to be granted a license under the provisions of the Collection Agency Regulatory Act. History: Laws 1…
NMSA 1978, § 61-18A-4 Rules; violations
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A. The director shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce those rules as are reasonable or necessary for the examination and licensing of collection agencies, repossessors, managers and solicitors, for the conduct …
NMSA 1978, § 61-18A-5 Unlawful to conduct collection agency or engage in the
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business of a repossessor without license. A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from…
NMSA 1978, § 61-18A-6 Penalty for violations
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A. In addition to any other penalty, any person or any officer or director of any partnership, corporation or association conducting business as a collection agency or repossessor without first having been licensed pursuant to the Collection Agency Regulatory Act or who carries o…
NMSA 1978, § 61-18A-7 Application for license
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A. Application for a collection agency license, repossessor's license or manager's license shall be made to the director in such form as may be required by the director. B. Applicants for an original license issued pursuant to the Collection Agency Regulatory Act for the period b…
NMSA 1978, § 61-18A-8 Applications; required information
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A. The application for a collection agency license shall state, among other things that may be required, the name of the applicant together with the name under which the applicant will do business and the location by street number and city in this state of the office of the busin…
NMSA 1978, § 61-18A-9 Financial statement
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The application for a collection agency license shall be accompanied by a financial statement of the applicant up to not more than sixty days prior to date of application for a new license or renewal, showing the assets and liabilities of the applicant and truly reflecting that t…
NMSA 1978, § 61-23-1 Short title. (Repealed effective July 1, 2030.)
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Chapter 61, Article 23 NMSA 1978 may be cited as the "Engineering and Surveying Practice Act". History: Laws 1987, ch. 336, § 1; 1993, ch. 218, § 1.
NMSA 1978, § 61-23-10 Duties and powers of the board. (Repealed effective July
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1, 2030.) A. The board shall administer the provisions of the Engineering and Surveying Practice Act and exercise the authority granted the board in that act. The board is the sole state agency with the power to certify the qualifications of professional engineers and professiona…
NMSA 1978, § 61-23-11 Receipts and disbursement; fund created. (Repealed
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effective July 1, 2030.) A. The "professional engineers' and surveyors' fund" is created in the state treasury. The executive director of the board shall receive and account for all money received under the provisions of the Engineering and Surveying Practice Act and shall pay th…
NMSA 1978, § 61-23-12 Records and reports. (Repealed effective July 1, 2030.)
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A. The board shall keep a record of its proceedings and a register of all applications for licensure, indicating the name, age and residence of each applicant, the applicant's educational and other qualifications, whether an examination was required, whether the applicant was rej…
NMSA 1978, § 61-23-13 Roster of licensed professional engineers and
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professional surveyors. (Repealed effective July 1, 2030.) A roster showing the names and addresses of all licensed professional engineers and licensed professional surveyors shall be maintained by the board and shall be placed on file with the state commission of public records …
NMSA 1978, § 61-23-14 Certification as an engineer intern; requirements
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(Repealed effective July 1, 2030.) A. An applicant for certification as an engineer intern shall file the appropriate application that demonstrates that the applicant: (1) is of good moral character and reputation as determined by board rules; (2) has obtained at least a senior s…
NMSA 1978, § 61-23-14.1 Licensure as a professional engineer; requirements
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(Repealed effective July 1, 2030.) A. Licensure as a professional engineer may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application in which it shall be demonstrated that the applicant: (1) is of good …
NMSA 1978, § 61-23-17 Application and examination fees. (Repealed effective
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July 1, 2030.) A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be acc…
NMSA 1978, § 61-23-18 Engineering; examinations. (Repealed effective July 1,
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2030.) The examinations for engineering certification and licensure shall be held at least once a year at a time and place the board directs. The engineering committee shall determine the passing grade on examinations. History: Laws 1987, ch. 336, § 18; 1993, ch. 218, § 13; 1999,…
NMSA 1978, § 61-23-19 Engineering; licenses; seals; incidental architectural
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work; supplemental surveying work. (Repealed effective July 1, 2030.) A. The board shall issue licenses pursuant to the provisions of the Engineering and Surveying Practice Act. The board shall provide for the proper authentication of all documents. B. The board shall regulate th…
NMSA 1978, § 61-23-2 Declaration of policy. (Repealed effective July 1, 2030.)
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The legislature declares that it is a matter of public safety, interest and concern that the practices of engineering and surveying merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practices of engineering and surveying.…
NMSA 1978, § 61-23-20 Engineering; licensure and renewal fees; expirations
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(Repealed effective July 1, 2030.) A. Licensure shall be for a period of two years as prescribed in the rules of procedure. Initial licenses shall be issued in accordance with the board's rules. B. The board shall establish by rule a biennial fee for professional engineers. Excep…
NMSA 1978, § 61-23-21 Practice of engineering. (Repealed effective July 1, 2030.)
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A. No business entity shall be licensed pursuant to the Engineering and Surveying Practice Act. No business entity shall practice or offer to practice engineering in the state except as provided in the Engineering and Surveying Practice Act. B. Professional engineers may engage i…
NMSA 1978, § 61-23-22 Engineering; exemptions. (Repealed effective July 1,
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2030.) A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of activities properly classified as engineering; provided that the…
NMSA 1978, § 61-23-23.1 Authority to investigate; civil penalties for unlicensed
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persons; engineering. (Repealed effective July 1, 2030.) A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a profession…
NMSA 1978, § 61-23-24 Engineering; violations; disciplinary action; penalties;
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reissuance of licenses. (Repealed effective July 1, 2030.) A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may suspend, refuse to renew or revoke a license, impose a fine not to exceed seven thousand five hundred dollars ($7,500), plac…
NMSA 1978, § 61-23-24.1 Engineering; professional development. (Repealed
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effective July 1, 2030.) The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board. History: 1978 Comp., § 61-23-24.1, enacted by Laws 1993, ch. 218, § 19.
NMSA 1978, § 61-23-26 Engineering; public work. (Repealed effective July 1,
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2030.) It is unlawful for the state or any of its political subdivisions or any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer. History: Laws 1987, ch. 336, §…
NMSA 1978, § 61-23-27 Engineering; public officer; licensure required. (Repealed
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effective July 1, 2030.) No person except a licensed professional engineer shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that includes the performance or responsible charge of engineering work. History: Laws 1…
NMSA 1978, § 61-23-27.10 Surveying exemptions. (Repealed effective July 1,
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2030.) A surveyor employed by a business entity who performs only the surveying services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that…
NMSA 1978, § 61-23-27.11 Surveying; violations; disciplinary actions; penalties;
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reissuance of licenses. (Repealed effective July 1, 2030.) A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may suspend, refuse to renew or revoke the license, impose a fine not to exceed seven thousand five hundred dollars ($7,500), pl…
NMSA 1978, § 61-23-27.12 Surveying; professional development. (Repealed
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effective July 1, 2030.) The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board. History: 1978 Comp., § 61-23-27.12, enacted by Laws 1993, ch. 218, § 33.
NMSA 1978, § 61-23-27.13 Surveying; public work. (Repealed effective July 1,
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2030.) It is unlawful for the state or any of its political subdivisions or any person to engage in the construction of any public work involving surveying unless the surveying is under the responsible charge of a licensed professional surveyor. History: 1978 Comp., § 61-23-27.13…
NMSA 1978, § 61-23-27.14 Surveying; public officer; licensure required
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(Repealed effective July 1, 2030.) No person except a licensed professional surveyor shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that requires the performance or responsible charge of surveying work. History…
NMSA 1978, § 61-23-27.15 Authority to investigate; civil penalties for unlicensed
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persons; surveying. (Repealed effective July 1, 2030.) A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a professional…
NMSA 1978, § 61-23-27.3 Certification of surveyor intern; requirements
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(Repealed effective July 1, 2030.) A. An applicant for certification as a surveyor intern shall file the appropriate application and demonstrate that the applicant: (1) is of good moral character and reputation as determined by board rules; (2) has obtained at least a senior stat…