New
Mexico Register / Volume XXXI, Issue 22 / November 24, 2020
Notice of Proposed Rulemaking
The Regulation and
Licensing Department (Department) Private Investigations Advisory Board will
hold a rule hearing on 30, December, 2020 at 9:00 a.m. The rule hearing will be held via Cisco WebEx,
please use the following link:
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e96e3fc2463ed163d46f1fb9b10f11bb8
To join the meeting
by phone: 1-415-655-0002 United States
Toll
Access Code: 146 155 0413
The purpose of the
rule hearing is to consider proposed amendments to the following rules:
16.48.1 NMAC –
General Provisions
16.48.2 NMAC –
Requirements for Licensure
16.48.3 NMAC –
Standards of Practice
16.48.4 NMAC –
Mandatory Firearms Training
16.48.5 NMAC – Fees
16.48.6 NMAC –
Continuing Education
16.48.7 NMAC –
License Renewal, Inactive Status and Reinstatement
16.48.8 NMAC –
Licensure for Military Service Members, Spouses and Veterans
On November 24, 2020
you may obtain and review copies of the proposed changes and public comments, by
going to the Board’s website at: http://www.rld.state.nm.us/boards/Private_Investigations_Forms_and_Applications.aspx
or contact the Boards and Commissions Division at (505) 690-5032
The Department will
begin accepting public comments on the proposed amendments beginning November
24, 2020. Please submit written comments
on the proposed changes to Austin Basham, Board Administrator, via electronic
mail at: pipolygraph@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504 no later than 28,
December, 2020. Comments received prior
to the rule hearing will be posted to the RLD website at: http://www.rld.state.nm.us/boards/Private_Investigations_Members_and_Meetings.aspx.
Persons will also be given the
opportunity to present their comments at the rule hearing.
An individual with a disability who is in need of a reader, amplifier,
qualified sign language interpreter, or other form of auxiliary aid or service
to attend or participate in the hearing, please contact Austin Basham, Board
Administrator (505) 690-5032.
Statutory Authority: Legal
authority for this rulemaking may be found in the Private Investigations Act,
Sections 61-27B-1 through 61-27B-36 NMSA 1978, which among other provisions,
specifically authorizes the Department to “adopt and enforce rules necessary to
carry out the provision of the Private Investigations Act, including
establishing professional ethical standards.” Section
61-27B-5(C) NMSA 1978.
Summary of Proposed Changes:
16.48.1 NMAC – General Provisions
Added
and clarified definitions, made corrections to definitions section to conform
to the requirements of the State Rules Act, Section 14-4-5.7 NMSA 1978.
16.48.2 NMAC – Requirements for Licensure
Amends the title of
the rule, Part 2, to include that the rule applies to licensure and
registrations, changes required documentation for proof of age; removes private
investigators and private patrol operators from surety bond requirements; revised
sections related to fingerprinting for background investigations to comply with
61-27B-34 NMSA 1978, effective on July 1, 2020; revised the rule to require a
Department approved curriculum for security guard level one, level two, and
level three training; revises requirements for psychological evaluations for
level three applicants; revised instructor certification requirements; requires
update of instructor certifications every four years; requires instructors to
complete four hours of continuing education specific to instructor development;
removes the special event permit requirements as they are duplicative to
Section 61-27B-19 NMSA 1978; and revised the rule to conform to the
requirements in Section 61-1-35 NMSA 1978, effective May 20, 2020.
16.48.3 NMAC – Standards of Practice
Clarifies that
alcoholic beverages shall not be consumed by any licensee or registrant while
on duty; makes grammatical corrections.
16.48.4 NMAC – Mandatory Firearms Training
Clarifies
requirements for mandatory firearms training and requires use of a form issued
by the Department to show compliance.
16.48.5 NMAC – Fees
Makes
corrections to the entity where fees are payable.
16.48.6 NMAC – Continuing Education
Clarifies the
definition of “renewal period” and adds private patrol operators to the
requirement to complete four hours of continuing education.
16.48.7 NMAC – License Renewal, Inactive
Status and Reinstatement
Amends the title of
the rule, Part 7 to reference that the rule applies to renewal of licenses and registrations;
requires all applications for licensure or registration to have instructions
for completion of the renewal process; revises the rule to remind licensees and
registrants that they will receive a courtesy notice via electronic mail,
ultimately they will be responsible for timely renewal; revises requirements
for reinstatement, inactive licensure or registration.
16.48.8 NMAC – Licensure for Military Service
Members, Spouses and Veterans
Amends Part 8 to
comply with the requirements set out in 61-1-34 NMSA 1978, effective July 1,
2020.