Chapter 61, Chapter 61

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.

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 (Repealed effective July 1, 2030.)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 (Repealed effective July 1, 2030.)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…

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…

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…

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.

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…

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…

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.

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…