New
Mexico Register / Volume XXXII, Issue 17 / September 14, 2021
NOTICE OF PUBLIC HEARING
Public
Notice.
The New Mexico Board of Examiners for Architects (NMBEA) gives notice that it will
conduct a public hearing and regular meeting of the Board virtually on October 22,
2021 at 10:00am. The purpose of the
public hearing is to receive public input on the proposed amendment to 16.30.1
NMAC- General Provisions, 16.30.3 NMAC- Registration and Renewal, Duplicate Certificates,
Seal Specifications and Document Identification, 16.30.4 NMAC- Code of Conduct,
16.30.5 NMAC- Enforcement, and 16.30.7 NMAC- Licensure for Military Service Members, Spouses and Veterans. The board will hold a regular board meeting
following the public hearing.
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Purpose. The purpose of the proposed change to
16.30.1.7 is to clarify the standard that would qualify as misconduct for
unauthorized use of an architect’s seal.
The purpose of the proposed change to 16.30.3.8 NMAC serve to add a list
of disqualifying criminal convictions for registrants and potential registrants
pursuant to Section 61-1-36 NMSA 1978.
The purpose of the proposed changes to 16.30.3.10 NMAC is to adjust the
timeframe for an applicant seeking registration through reciprocity to one year
and enable Board staff to raise issues with potential registrants for
consideration by the enforcement subcommittee.
The purpose of the proposed changes to 16.30.3.12 is to adjust the fee
schedule and reporting requirements for those registrants who fail to timely
complete continuing education. The
purpose of the proposed change to 16.30.4.11 is to add a reference to the
enumerated list in 16.30.3.8 in the list of potential areas of discipline for a
registrant. The purpose of the proposed
change to 16.30.5.8 is to adjust the manner in which a complaint shall be
initiated to include a reference to allegations being made under penalty of
perjury. The purpose of the proposed
change to 16.30.5.7 is to update the reference to the Parental Responsibility
Act to the correct statute, Section 40-5A-1 through 13NMSA 1978.The purpose of
the proposed changes to 16.30.7.8 is to bring the board into compliance with
Section 61-1-34, NMSA 1978.
The statutory
authorization. Section 61-15-4
NMSA 1978 grants the board authority to make rules not inconsistent with law in
order to promote the public welfare and protect the citizens of New Mexico.
No
technical information serves as a basis for this proposed rule change.
Public comment. Interested parties may provide comment on the
proposed amendments of this state rule at the public hearing or may submit
written comments to Melarie Gonzales, New Mexico Board of Examiners for
Architects, P. O. Box 509, Santa Fe, New Mexico 87504, or by electronic mail at
nmbea@state.nm.us, or fax to (505) 476-4829. All written comments must be received no later
than 5:00 p.m. (MDT) on the date of the public hearing. The public comment period is from September
14, 2021 to October 18, 2021 at 5:00 p.m. (MDT).
Copies of
the proposed rules. Copies of
proposed rules may be accessed through the New Board of Examiners for
Architect’s website at https://www.bea.state.nm.us, or may be obtained from Melarie
Gonzales by contacting her at (505) 476-4833 during regular business hours.
Individuals
with disabilities who require the above information in an alternative format,
or who need any form of auxiliary aid to attend or participate in the public
hearing are asked to contact Melarie Gonzales at (505) 476-4833 as soon as
possible before the date set for the public hearing. The NMBEA requires at least ten (10) calendar
days advance notice to provide any special accommodations requested.
Summary of Proposed Changes. The
Board summarizes its proposed changes to its administrative rules as follows:
16.30.1.7 NMAC – General Provisions
As a general summary, the proposed changes to
16.30.1.7 NMAC adjust the qualifications of misconduct for unauthorized use of
a registration seal. The changes now
reflects a “knowingly” standard, in place of the previous standard which used
the term “all reasonable measures. is to clarify
language and to add a new provision to the definition of misconduct to account
for the misuse of an architectural seal.
16.30.3.8 NMAC– General Qualifications
As a general summary, the proposed changes to
16.30.3.8 NMAC serve to add a list of disqualifying criminal convictions
pursuant to Section 61-1-36 NMSA 1978.
This list enumerates those felonies for which convictions could result
in denial of an application or disciplinary action.
16.30.3.10 NMAC– Registration through
Reciprocity
As a general summary, the proposed changes to
16.30.3.10 NMAC adjust the timeframe from six months to one year for a
reciprocity and enables board staff to raise issues with reciprocity
applications with the enforcement subcommittee.
16.30.3.12
NMAC- Continuing Education
As
a general summary, the proposed changes to 16.30.3.12 NMAC is to update the fee
schedule for licensees who fail to timely complete the required continuing education
hours. The adjusted fee schedule permits
the reporting of excessive violations to the National Council of Architectural
Registration Boards (“NCARB”).
16.30.4.11
NMAC- Compliance with Laws
As
a general summary, the proposed changes to 16.30.4.11 NMAC is to add a
reference to the enumerated crimes listed in 16.30.3.8 that would disqualify an
architect from practicing.
16.30.5.7
NMAC- Definitions
As
a general summary, the proposed changes to 16.30.5.7 NMAC update the reference
to the Parental Responsibility Act to the correct statute, Section 40-5A-1
through 13NMSA 1978.
16.30.5.8
NMAC- Complaints
As
a general summary, the proposed changes to 16.30.5.8 is to clarify language to
include language for complaints signed under penalty of perjury.
16.30.7.8
NMAC- Expedited Licensure
As
a general summary, the proposed changes to 16.30.7.8 NMAC add a reference to
Section 61-1-34 NMSA and mandate that the Board comply with the provisions of
this section.