New Mexico Register / Volume
XXXII, Issue 24 / December 28, 2021
This is an
amendment to 16.64.13 NMAC, Sections 2, 3, 6, 7, 8 and 9, effective 12/28/2021.
16.64.13.2 SCOPE: This part sets forth application procedures
to expedite licensure for military service members, their spouses,
their dependent children, and for veterans pursuant to Section 61-1-34
NMSA 1978.
[16.64.13.2 NMAC -
N, 4/30/2015, A, 12/28/2021]
16.64.13.3 STATUTORY
AUTHORITY: These rules are promulgated
issued pursuant to Funeral Services Act, Chapter 61, Article 32 NMSA
1978.
[16.64.13.3 NMAC -
N, 4/30/2015; A, 12/28/2021]
16.64.13.6 OBJECTIVE: The
purpose of this part is to expedite licensure for military service members, their
spouses, their dependent children, and for veterans pursuant
to 61-1-34 NMSA 1978.
[16.64.13.6 NMAC -
N, 4/30/2015, A, 12/28/2021]
16.64.13.7 DEFINITIONS:
A. “License” has the same meaning as
defined in Paragraph (1) of Subsection F of Section 61-1-34 NMSA 1978.
B. "Licensing
fee" has the same meaning as
defined in Paragraph (2) of Subsection F of Section 61-1-34 NMSA 1978.
[A] C. “Military service member” [means a
person who is serving in the armed forces of the United States or in an active
reserve component of the armed forces of the United States, including the national
guard.] has the same meaning as defined in Paragraph (3) of Subsection F
of Section 61-1-34 NMSA 1978.
[B] D. [“Recent veteran” means a
person who has received an honorable discharge or separation from military
service within the two years immediately preceding the date the person applied
for an occupational or professional license pursuant to this section.] "Substantially equivalent"
means the determination by the board that the education, examination, and
experience requirements contained in the statutes and rules of another
jurisdiction are comparable to, or
exceed the education, examination, and experience requirements of the Funeral
Services Act.
E. “Veteran” has the same meaning as
defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA 1978.
[16.64.13.7 NMAC -
N, 4/30/2015; A, 12/28/2021]
16.64.13.8 APPLICATION
REQUIREMENTS:
A. Applications for
registration shall be completed on a form provided by the board.
B. The applicant
shall provide a complete application that includes the following information:
(1) [a
completed application and corresponding fee pursuant to 16.64.2.8 NMAC;] applicant’s
full name;
(2) [satisfactory
evidence that the applicant holds a license that is current and in
good standing,
issued by another jurisdiction, including a branch of armed forces of the
United States, that has met the minimal licensing requirements that are
substantially equivalent to the licensing requirements for the occupational or
professional license the applicant applies for.] current mailing address;
(3) current
electronic mail address, if any;
(4) pay applicable fees as set forth in 16.64.2.8 NMAC;
(5) date
of birth;
(6) successfully
complete the jurisprudence examination outlined in Subsection B of 16.64.5.9
NMAC.
(7) background
check; and
(8) proof
as described in Subsection C below.
C. [Electronic
signatures will be acceptable for applications submitted pursuant to section 14-16-1
through section 14-16-19 NMSA 1978.] The applicant shall provide to the
board the following satisfactory evidence:
(1) applicant
is currently licensed and in good standing in another jurisdiction;
(2) applicant
has met the minimal licensing requirements in that jurisdiction and the minimal
licensing requirements in that jurisdiction are substantially equivalent to the
licensing requirements for New Mexico; and
(3) the
following documentation:
(a) for
military service member: copy of
military orders;
(b) for
spouse of military service members: copy
of military service member’s military orders, and copy of marriage license;
(c) for
spouses of deceased military service members:
copy of decedent’s DD 214 and copy of marriage license;
(d) for
dependent children of military service members: copy of military service
member’s orders listing dependent child, or a copy of military orders and one
of the following: copy of birth
certificate, military service member’s federal tax return or other governmental
or judicial documentation establishing
dependency;
(e) for
veterans (retired or separated): copy of
DD 214 showing proof of honorable discharge.
D. The license or
registration shall be issued by the board as soon as practicable but no later
than thirty days after a qualified military service member, spouse, dependent
child, or veteran files a complete application and provides a background check
if required for a license, and any required fees.
E. Military service
members and veterans shall not pay and the board shall not charge a licensing
fee for the first three years for a license issued pursuant to this rule.
F. A license issued
pursuant to this section shall be valid for the time period that is specified
in the Funeral Services Act.
[16.64.13.8 NMAC -
N, 4/30/2015; A, 12/28/2021]
16.64.13.9 RENEWAL
REQUIREMENTS:
A. A
license issued pursuant to this section shall not be renewed unless the license
holder satisfies the requirements for [the issuance and for the] renewal
[of a license pursuant to 16.64.3 NMAC, requirements for licensure and] set
forth in 16.64.7 NMAC [license renewal] pursuant to Chapter 61,
Article 32 NMSA 1978.
B. [The licensee
must submit the following documents at the time of renewal:
(1) A
completed license renewal application.
(2) Verification
of continuing education.
(3) The
applicable renewal fee.] The
board will send by electronic mail, license renewal notifications to licensees
or registrants before the license expiration date to the last known email
address on file with the board. Failure to receive the renewal notification
shall not relieve the licensee or registrant of the responsibility of timely
renewal on or before the expiration date.
[C. Original
and renewed registrations shall be valid until June 30 unless renewed.]
[16.64.13.9 NMAC -
N, 4/30/2015; A, 12/28/2021]