TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 30 ARCHITECTS
PART 5 ENFORCEMENT
16.30.5.1 ISSUING AGENCY: New
Mexico Board of Examiners for Architects.
[16.30.5.1 NMAC - Rp,
16 NMAC 30.5.1, 9/6/2001]
16.30.5.2 SCOPE: Provisions
for Part 5 apply to any person registered as an architect, or to anyone
applying for registration as an architect in New Mexico.
[16.30.5.2 NMAC - Rp,
16 NMAC 30.5.2, 9/6/2001]
16.30.5.3 STATUTORY AUTHORITY: Subsection
C of Section 61-15-4 NMSA 1978 prescribes that “The board…may make rules
not inconsistent with law.”
[16.30.5.3 NMAC - Rp,
16 NMAC 30.5.3, 9/6/2001]
16.30.5.4 DURATION: Permanent.
[16.30.5.4 NMAC - Rp,
16 NMAC 30.5.4, 9/6/2001]
16.30.5.5 EFFECTIVE DATE: September
6, 2001, unless a different date is cited at the end of the section.
[16.30.5.5 NMAC - Rp,
16 NMAC 30.5.5, 9/6/2001]
16.30.5.6 OBJECTIVE: The
objective of this rule is to clearly describe violations and the complaint
process.
[16.30.5.6 NMAC - Rp,
16 NMAC 30.5.6, 9/6/2001]
16.30.5.7 DEFINITIONS: All terms defined in this section shall
have the same meaning as terms defined in the Parental Responsibility Act,
Sections 40-5A-1 through 13 NMSA 1978.
A. “HSD” means the New Mexico human services department.
B. “Statement of compliance” means a certified statement from HSD
stating that an applicant or registrant is in compliance with a judgment and
order for support.
C. “Statement
of non-compliance” means a certified statement from HSD stating that an
applicant or registrant is not in compliance with a judgment and an order for
support.
[16.30.5.7 NMAC - Rp, 16 NMAC 30.5.7,
9/6/2001; A, 01/11/2022]
16.30.5.8 COMPLAINTS:
A. Disciplinary proceedings against a
registered New Mexico architect, applicant, or unlicensed individual may be initiated
by a complaint of any person, including members of the board, that is signed
under penalty of perjury. Complaint
forms shall be obtained from the board office or the board’s website and shall
be reviewed by the enforcement subcommittee of the rules and regulations
committee.
B. Complaint
forms shall be confidential pursuant to Subsection D of Section 61-15-5 NMSA
1978. Complaints admitted as evidence during a formal disciplinary hearing are
no longer confidential pursuant to Subsection D of Section 61-15.5 NMSA 1978,
and may be subject to public inspection.
C. The
enforcement subcommittee shall have the authority to initiate investigations
and determine whether sufficient evidence exists to support the recommendation
for the issuance of a notice of contemplated action to the full board for a
vote. If the enforcement subcommittee
deems the alleged action did not amount to a violation or was a minor
violation, it may close the matter with an advisory letter.
D. a report of
all complaints filed shall be provided to the board at each regular board
meeting.
[16.30.5.8 NMAC -
Rp, 16 NMAC 30.5.8, 9/6/2001; A, 9/15/2016; A, 6/10/2018; A, 01/11/2022]
16.30.5.9 SETTLEMENT AGREEMENTS: For
all non-parental responsibility actions:
A. The enforcement subcommittee may negotiate a proposed
settlement agreement at any time prior to the issuance of a notice of
contemplated action. The proposed settlement agreement is subject
to approval by vote of the board and consent of the respondent.
B. The board may require an acknowledgement of
disciplinary action for any violation.
C. The board may require an admission of guilt in a
settlement agreement for any non-minor violation.
D. The board may report the settlement agreement to the
relevant computer database(s).
[16.30.5.9 NMAC - N,
9/6/2001; A, 9/16/2004; A, 5/4/2008; A, 9/15/2016]
16.30.5.10 NATIONAL COUNCIL OF ARCHITECTURAL
REGISTRATION BOARDS (“NCARB”) CERTIFICATE REVOCATION: The
board shall have the right to review and to suspend or revoke a New Mexico registration
granted on the basis of NCARB certification should the certification be revoked
by NCARB as a result of a disciplinary action.
The individual shall have the right to apply for reinstatement of New
Mexico registration of and when the NCARB certification has been restored.
[16.30.5.10 NMAC -
Rp, 16 NMAC 30.3.10.13, 9/6/2001]
16.30.5.11 VIOLATIONS: A
person using any designation tending to imply to the public that the individual
is registered under the Architectural Act to practice architecture; such as
architect, architectural services, or words to that effect, is in violation of
Section 61-15-10 NMSA 1978.
[16.30.5.11 NMAC -
Rp 16 NMAC 30.5.9, 9/6/2001; A, 9/15/2016]
16.30.5.12 PARENTAL RESPONSIBILITY ACT:
A. Disciplinary
action: If an applicant or registrant is
not in compliance with a judgment and order for support, the board:
(1) shall deny an application for
registration;
(2) shall deny the renewal of a
registration; and
(3) has grounds for suspension or
revocation of the registration.
B. Certified list:
Upon receipt of HSD’s certified list of obligors not in compliance with
a judgment and order for support, the board shall match the certified list
against the current list of board registrants and applicants. Upon the later receipt of an application for
registration or renewal, the board shall match the applicant against the
current certified list. By the end of
the month in which the certified list is received, the board shall report to HSD
the names of board applicants and registrants who are on the certified list and
the action the board has taken in connection with such applicants and
registrants.
C. Initial action:
Upon determination that an applicant or registrant appears on the
certified list, the board shall:
(1) commence a formal proceeding under
Subsection D of 16.30.5.12 NMAC to take appropriate action under Subsection A
of 16.30.5.12 NMAC; or
(2) for current registrants only,
informally notify the registrant that the registrant’s name is on the certified
list and that the registrant must provide the board with a subsequent statement
of compliance from HSD by the earlier of the date of application for
registration renewal or a specified date not to exceed 60 days; if the
registrant fails to provide this statement, the board shall commence formal
proceedings under Subsection D of 16.30.5.12 NMAC.
D. Notice of contemplated action: Prior to taking any action specified in
Subsection A of 16.30.5.12 NMAC, the board shall serve upon the applicant or
registrant a written notice stating that:
(1) the board has grounds to take such
action, and that the board shall take such action unless the registrant or
applicant mails a letter (certified mail, return receipt requested) within 20
days after service of the notice requesting a hearing; or provides the board
within 30 days of the date of the notice, with a statement of compliance from
HSD.
(2) if the applicant or registrant
disagrees with the determination of non-compliance, or wishes to come into
compliance, the applicant or registrant should contact the HSD child support
enforcement division.
E. Evidence and proof:
In any hearing under 16.30.5.12 NMAC, relevant evidence is limited to
the following:
(1) statement of non-compliance is
conclusive evidence that requires the board to take action under Subsection A
of 16.30.5.12 NMAC, unless:
(2) the applicant or registrant provides
the board with a subsequent statement of compliance which shall preclude the
board from taking action under this rule.
F. Order: When a
disciplinary action is taken under this rule solely because the applicant or
registrant is not in compliance with a judgment and order for support, the
order shall state the application or registration shall be reinstated upon
presentation of a subsequent statement of compliance. The board may also include any other
conditions necessary to comply with board requirements for re-applications or
reinstatement of lapsed registrations.
G. Procedures:
Procedures under 16.30.5.12 NMAC shall be governed by the Uniform
Licensing Act, Sections 61-1-1 through -33 NMSA 1978.
[16.30.5.12 NMAC -
Rp, 16 NMAC 30.5.10, 9/6/2001]
HISTORY OF 16.30.5 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
BEA 68-1, Architectural Law and Rules and
Regulations, 7/1/1968.
BEA 69-1, Architectural Law and Rules and
Regulations, 6/17/1969.
BEA 70-1, Architectural Law and Rules and
Regulations, 7/28/1970.
BEA 74-1, Roster of Registered Architects
Laws Rules Regulations, 8/30/1974.
BEA 78-1, Board of Examiners for Architects,
9/19/1978.
NMBEA 85-1, Architectural Act Rules and
Regulations, 2/7/1985.
NMBEA 86-1, Architectural Act Rules and
Regulations, 4/91986.
NMBEA 88-1, State of New Mexico Board of
Examiners for Architects Rules and Regulations, 6/22/1988.
NMBEA 89-1, State of New Mexico Board of
Examiners for Architects Rules and Regulations, 11/28/1989.
Regulation No. NMBEA 90-1, State of New
Mexico Board of Examiners for Architects Rules and Regulations, 8/14/1990.
NMBEA Rule 4, NCARB Examinations, 6/23/1980.
History
of Repealed Material:
16 NMAC 30.5,
Enforcement - Repealed, 9/6/2001.