Chapter 61 — Chapter 61

Said fees shall be used to defray the expense of employing a special inspector or inspectors who shall remain on the premises upon which the auction sale is conducted during all times when the same is open for business. The special inspectors shall be appointed specially for each…

Upon the presentation of an application for a license hereunder the municipal or county clerk as the case may be shall set a date for hearing thereon not less than one week nor more than three weeks thereafter, said hearing to be held at either a regular or special meeting of the…

Licenses issued hereunder shall be expressly limited to the particular times and premises described in the application as required in Section 5(e) [61-16-7(E) NMSA 1978] hereof. A license issued hereunder shall not be held to sanction any auction sale of jewelry at any time or pl…

No person shall be granted a license, if he or any of his agents, principals or employees: A. has been convicted of a violation of this act [61-16-3 to 61-16-17 NMSA 1978] or of Sections 61-16-1 and 61-16-2 NMSA 1978; B. has had a license issued under this act revoked; C. has hel…

It shall be unlawful: A. to employ shills or puffers at any such auction sale or to offer or to make or to procure to be offered or made any false bid or offer any false bid to buy or pretend to buy any article sold or offered for sale; B. to make or attempt to make any sale to a…

Any person or corporation violating the provisions of Section 3(a) [61-16-5(A) NMSA 1978] of this act shall upon conviction thereof be fined not less than one hundred [$100] nor more than one thousand dollars [$1,000] and may be imprisoned for not more than sixty (60) days. Any p…

Upon the filing of criminal proceedings for violation of this act [61-16-3 to 61-16-17 NMSA 1978] against any licensee or any person operating the auction, any citizen may apply to the county or municipal board which granted the license for an immediate suspension of said license…

The state of New Mexico for the purpose of recovery of fines and penalties hereunder, and any person purchasing at any auction hereunder for the satisfaction of any civil judgment in an action for misrepresentation or fraud, or arising out of any violation of this act [61-16-3 to…

Any person whether as auctioneer or as a puffer of any auctioneer who shall violate the provisions of this chapter, shall be deemed guilty of a misdemeanor, and on conviction before any justice of the peace [magistrate] of the precinct where the offense shall have been committed,…

The purpose of the present act [61-16-3 to 61-16-17 NMSA 1978] is to regulate auction sales of jewelry in order to prevent fraud, deception and misrepresentation upon the buying public at such sales. It is to be construed liberally to effectuate this purpose. History: Laws 1941, …

A. Chapter 61, Article 16 NMSA 1978 shall apply to all sales by auction, other than those specifically excepted in this section, of gold, silver, plated ware, precious or semiprecious stones, watches, clocks and goods, wares and merchandise commonly classified as jewelry of any k…

All sales of jewelry by auction within the scope of Chapter 61, Article 16 NMSA 1978 are forbidden unless a license issued pursuant to that article has been obtained and is in effect. No such sales whether licensed or not shall be held or be or remain open for business for a peri…

Licenses to conduct auction sales of jewelry within this act [61-16-3 to 61-16-17 NMSA 1978] in any municipality shall be secured upon application filed at least thirty days prior to the proposed auction sale in conformity with this act to the governing body of such municipality.…

Every application for a license hereunder shall be under oath and shall include at least the following: A. the name, residence and business address and age of the applicant together with an account of the applicant's occupation for the five years preceding the application; B. the…

In addition, all such applications for license shall be accompanied by the bond of the applicant in the penal sum of five thousand dollars ($5,000) running to the state of New Mexico, and conditioned to secure the faithful observance of this act [61-16-3 to 61-16- 17 NMSA 1978] b…

Except as provided in Section 61-1-34 NMSA 1978, all applications shall be accompanied by the payment in cash to the municipality or county of an amount equal to twenty-five dollars ($25.00) for each day of the proposed sale as its duration is shown by the application. Such fees …

Chapter 61, Article 17A NMSA 1978 may be cited as the "Barbers and Cosmetologists Act". History: Laws 1993, ch. 171, § 1; 2013, ch. 166, § 3.

estheticians and electrologists. (Repealed effective July 1, 2036.) A. The board shall provide for the licensure of manicurists-pedicurists. The board shall issue a manicurist-pedicurist license to any person who files a completed application, accompanied by the required fees and…

2036.) A. A cosmetologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who: (1) is a licensed cosmetologist; (2) has met all requirements established by the board; and (3) has passed an…

A. The board shall provide for the licensure of barber schools. The board shall issue a barber school license to any barber school that submits a completed application, accompanied by the required fees and documentation, and that submits satisfactory evidence that it complies wit…

ANNOTATIONS Repeals. — Laws 1997, ch. 218, § 18 repealed 61-17A-13, as enacted by Laws 1993, ch. 171, § 13, relating to the tuition recovery fund, effective June 20, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com.

effective July 1, 2036.) The "barbers and cosmetologists fund" is created in the state treasury. All license fees and charges imposed by the board shall be deposited in the fund. Money in the fund is appropriated to the board for the purpose of carrying out the provisions of the …

(Repealed effective July 1, 2036.) The board shall provide for the licensure of all establishments and enterprises. The board shall issue a license to establishments, enterprises and clinics that submit a completed application, accompanied by the required fees and documentation, …

Except as provided in Section 61-1-34 NMSA 1978, the board may, by rule, establish initial license and renewal fees not to exceed the following: establishment license ............................................................................ $200 school license ................…

(Repealed effective July 1, 2036.) A. A person licensed as a barber, a cosmetologist, an esthetician, an electrologist, an instructor of cosmetology or barbering or an instructor of electrology, a manicurist- pedicurist or a person holding an establishment license, clinic license…

business. (Repealed effective July 1, 2036.) Every holder of a license issued pursuant to the Barbers and Cosmetologists Act shall notify the department of any change in place of business. A license shall be displayed conspicuously at the holder's place of business. History: Laws…

2036.) Each license shall be issued under the authority of the Barbers and Cosmetologists Act by the department in the name of the licensee. The license may not be the subject of a sale, transfer, assignment, conveyance, lease, bequest, gift or other means of transfer. History: L…

As used in the Barbers and Cosmetologists Act: A. "barber" means a person, other than a student, who for compensation engages in barbering; B. "board" means the board of barbers and cosmetologists; C. "cosmetologist" means a person, other than a student, who for compensation enga…

effective July 1, 2036.) A. The original issuance and renewal of licenses to practice as a barber, hairstylist, cosmetologist, instructor, esthetician, manicurist-pedicurist or electrologist shall be for a period of two years or less from the date of issuance. If the licensee fai…

a license. (Repealed effective July 1, 2036.) A. The board shall, in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], issue a fine or penalty, restrict, refuse to issue or renew or shall suspend or revoke a license for any one or more…

The following persons are exempt from the provisions of the Barbers and Cosmetologists Act while in the discharge of their professional duties: A. persons licensed by the law of this state to practice medicine and surgery or chiropractic; B. commissioned medical or surgical offic…

Each of the following constitutes a misdemeanor punishable upon conviction by a fine of less than one thousand dollars ($1,000) or by imprisonment in the county jail for less than one year, or both, in the discretion of the court: A. the violation of any of the provisions of the …

effective July 1, 2036.) The provisions of the Criminal Offender Employment Act [28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Barbers and Cosmetologists Act [61-17A-1 NMSA 1978]. History: Laws 1993, ch. 171, § 24.

effective July 1, 2036.) The board of barbers and cosmetologists is terminated on July 1, 2035 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 Barbers and Cosmetologists Act until July 1, 2036. Effe…

Barbering includes any one or any combination of the following practices when done upon the upper part of the human body for cosmetic purposes for the public generally, upon male or female: A. shaving or trimming the beard or cutting the hair; B. curling and waving, including per…

Cosmetology means the practice of those services that include: A. arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical…

Hairstyling includes any one or any combination of the following practices when done upon the upper part of the male or female human body for cosmetic purposes for the public generally, using the hands or manual, mechanical or electrical implements or appliances: A. cleansing, ma…

A. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall practice barbering, hairstyling or cosmetology for compensation either directly or indirectly. B. Unless licensed pursuant to the Barbers and Cosmetologi…

2036.) A. The "board of barbers and cosmetologists" is created. The board is administratively attached to the regulation and licensing department. The board consists of seven members appointed by the governor. Members shall serve three-year terms; provided that at the time of ini…

effective July 1, 2036.) A. The board shall: (1) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Barbers and Cosmetologists Act; (2) establish fees; (3) provide for the examination, licen…

July 1, 2036.) A. Except as provided in Subsection B of this section, a barber license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has completed a course …

effective July 1, 2036.) A. Except as provided in Subsection B of this section, a hairstylist license shall be issued to a person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has comple…

effective July 1, 2036.) A. A cosmetologist license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has completed a course in cosmetology of at least one thou…

Chapter 61, Article 17B NMSA 1978 may be cited as the "Body Art Safe Practices Act". History: Laws 2007, ch. 181, § 1; 2015, ch. 129, § 3.

An applicant denied a license or an operator or body artist whose license is suspended or revoked by the board may appeal pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2007, ch. 181, § 10.

A. The board may seek relief in district court to enjoin the operation of a body art establishment or the practice of a body artist not in compliance with the Body Art Safe Practices Act. B. The district court may impose a civil penalty not exceeding five hundred dollars ($500) f…

History: Laws 2007, ch. 181, § 12; repealed by Laws 2015, ch. 129, § 11.

The Body Art Safe Practices Act provides minimum standards for safe body art practices. A municipality may by ordinance provide more stringent standards. History: Laws 2007, ch. 181, § 13.

History: Laws 2007, ch. 181, § 14; repealed by Laws 2015, ch. 129, § 11.

2028.) A. The "board of body art practitioners" is created. The board is administratively attached to the regulation and licensing department and consists of five members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appoint…