Chapter 61 — Chapter 61

2028.) A. The board shall: (1) in conjunction with the department of health, promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] necessary to implement the provisions of the Body Art Safe Practices Act; (2) establish fees; (3) establish stand…

July 1, 2028.) The "body art practitioners fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations; license fees and charges that are imposed by the board; and money otherwise accruing to the fund. Money in the fund is appropriated…

effective July 1, 2028.) The board of body art practitioners is terminated on July 1, 2027 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Body Art Safe Practices Act until July 1, 2028. Effective July 1, 2028, the Body Art Safe …

The purpose of the Body Art Safe Practices Act is to provide a safe and healthy environment for the administration of body art. History: Laws 2007, ch. 181, § 2.

As used in the Body Art Safe Practices Act: A. "board" means the board of body art practitioners; B. "body art" means tattooing, body piercing or scarification but does not include practices that are considered medical procedures by the New Mexico medical board; C. "body art esta…

2028.) The board has authority to issue a body art license to a body artist who has demonstrated the ability to perform body art and who conforms with the board's rules with respect to safety, sterilization and sanitation and a body art operator license to an operator who conform…

revocation; suspension. (Repealed effective July 1, 2028.) A. A body artist shall obtain a body art license, and an operator shall obtain a body art establishment license, the requirements for which shall be defined by the board by rules promulgated in accordance with the State R…

A. The board shall annually inspect body art establishments to determine compliance with the Body Art Safe Practices Act. An operator or body artist shall allow a board official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and …

A. A person who pierces only the outer perimeter of the ear, not including any cartilage, using a pre-sterilized encapsulated single use stud ear piercing system, implementing appropriate procedures, is exempt from the requirements of the Body Art Safe Practices Act. B. A member …

July 1, 2028.) The board shall establish by rule requirements for: A. the use and disposal of equipment and instruments; provided that: (1) all sharps shall be sterilized prior to use; (2) single use items shall not be used on more than one client for any reason; and (3) all body…

The board may suspend a license immediately without prior notice to the holder of the license if it determines, after inspection, that conditions within a body art establishment present a substantial danger of illness, serious physical harm or death to customers who might patroni…

Chapter 61, Article 18A NMSA 1978 may be cited as the "Collection Agency Regulatory Act". History: Laws 1987, ch. 252, § 1; 2019, ch. 144, § 24.

A. An applicant for a manager's license shall be examined concerning his competency, experience and knowledge of law and regulations by the director and on such pertinent subjects as the director shall require. B. Examinations shall be practical in character and of such length, s…

The licensed manager to be actively in charge of a collection agency shall: A. have reached the age of majority; B. not have been convicted of a felony or crime involving moral turpitude; C. be a graduate of a high school or provide proof to the director that the licensed manager…

No application for license shall be approved by the director unless the applicant has met all requirements of the Collection Agency Regulatory Act and any rules and regulations established thereunder. When said requirements have been met, the director shall grant and issue a lice…

The director may deny any license: A. if the applicant has ever had a license or its equivalent revoked; B. if the applicant is or was a partner, officer, director, trustee, manager or stockholder of any partnership, corporation or unincorporated association the license of which …

No collection agency license shall be issued to any foreign corporation or partnership unless it has fully complied with the laws of the state of New Mexico so as to entitle it to do business in the state; provided that the foreign corporation or partnership shall establish and m…

A. Prior to the issuance of any collection agency or repossessor's license or renewal thereof a surety bond in the penal sum of five thousand dollars ($5,000), which may by regulation or order of the director be increased, shall be filed with the division. The bond shall run to t…

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…

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…

History: Laws 1987, ch. 252, § 18; repealed by Laws 2019, ch. 144, § 31.

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 …

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…

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…

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…

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…

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…

ANNOTATIONS Repeals. — Laws 1998, ch. 55, § 94 repealed 61-18A-24 NMSA 1978 as enacted by Laws 1987, ch. 252, § 24, relating to proceedings in connection with issuance, renewal, suspension, denial or revocation, effective September 1, 1998. For provisions of former section, see t…

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…

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 …

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…

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…

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 213, § 4 repeals former 61-18A-29 NMSA 1978, as enacted by Laws 1987, ch. 252, § 29, concerning the issuance of a solicitor's license, effective June 18, 1993. For provisions of former section, see 1992 Cumulative Supplement.

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…

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…

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.

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…

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…

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 …

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…

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…

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…

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…

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…

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.

ANNOTATIONS Repeals. — Laws 1987, ch. 336, § 34 repealed former 61-23-1.1 NMSA 1978, as enacted by Laws 1979, ch. 156, § 1, relating to standards and procedures for restoration or reestablishment of monuments, effective June 19, 1987.

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…

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…

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…