Chapter 61

As used in the Interior Designers Act: A. "applicant" means a person applying to the department for an interior designer license; B. "department" means the regulation and licensing department; C. "interior design" means services that do not necessarily require performance by an a…

The department: A. shall administer, coordinate and enforce the provisions of the Interior Designers Act. The department may investigate allegations of violations of the provisions of the Interior Designers Act; B. shall adopt rules to carry out the purposes and policies of the I…

Each applicant for licensure shall apply to the department. Except as otherwise provided in the Interior Designers Act, each applicant shall take and pass the national council for interior design qualification examination or another nationally recognized examination approved by t…

If a person applies for licensure but does not satisfy the requirements of Section 61- 24C-8 NMSA 1978, the department may on a case-by-case basis review and issue a license to an applicant who provides evidence to the department that the applicant: A. has active licensure in ano…

Chapter 61, Article 24D NMSA 1978 may be cited as the "Home Inspector Licensing Act". History: Laws 2019, ch. 239, § 1; 2022, ch. 39, § 92.

A. The board may issue a license to a foreign home inspector; provided that the applicant's resident state license requirements are the same as or similar to the requirements set forth in the Home Inspector Licensing Act as determined by the board. In the event that the state req…

A. The board may deny issuance of a license or may suspend, revoke, limit or condition a license if the applicant or licensee is convicted of a felony or misdemeanor, provided that the denial, suspension or revocation is in accordance with the Criminal Offender Employment Act [28…

A. All licensees and their employers shall carry at all times errors and omissions insurance and professional liability insurance to cover all activities contemplated pursuant to the provisions of the Home Inspector Licensing Act. B. In addition to the powers and duties granted t…

In addition to any fees to cover reasonable and necessary administrative expenses, the board shall establish, charge and collect: A. an initial application fee, no less than two hundred fifty dollars ($250); B. a state and national criminal background check fee, not to exceed one…

The term "licensed home inspector" along with the license number of the home inspector shall appear on all advertising, correspondence and documents incidental to the business of home inspection, including the pre-inspection agreement and the report. History: Laws 2019, ch. 239, …

payment. A. There is created in the state treasury the "home inspector fund" to be administered by the board. All fees received by the board pursuant to the Home Inspector Licensing Act shall be deposited with the state treasurer to the credit of the home inspector fund. Income e…

A. A person who engages in the business or acts in the capacity of a home inspector within New Mexico without a license issued by the board or pursuant to the Home Inspector Licensing Act is guilty of a misdemeanor. B. If a person is engaged or has engaged in any act or practice …

As used in the Home Inspector Licensing Act: A. "approved examination" means a national home inspector licensing examination that has been third-party accredited as complying with the prevailing standards of the Standards for Educational and Psychological Testing and assesses an …

duties. A. The "New Mexico home inspectors board" is created and is administratively attached to the regulation and licensing department. B. The board shall consist of five members, appointed by the governor, who have been residents of the state for at least three consecutive yea…

of duty. A. A home inspector shall enter into a pre- inspection agreement with a client prior to commencement of a home inspection. The written pre-inspection agreement shall include, in all capital letters, the following statement: "THE HOME INSPECTOR WILL NOT DETERMINE AND THE …

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…

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…

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…

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…