New Mexico Register / Volume XXXIII, Issue 4 / February 22, 2022

This is an amendment to 16.42.4 NMAC, adding Section 10, effective 3/12/2022.

16.42.4.10 CRIMINAL OFFENDERS EMPLOYMENT ACT: Convictions for any of the following offense, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify and applicant from receiving or retaining a license or certificate by the board.

A. Physical harm to others:

(1) murder;

(2) manslaughter;

(3) assault;

(4) battery;

(5) abandonment of a child resulting in death or great bodily harm;

(6) abuse of a child;

(7) kidnapping;

(8) false imprisonment;

(9) sexual assault;

B. Property damage:

(1) shooting at property;

(2) criminal damage to property;

(3) dangerous use of explosives;

(4) graffiti;

(5) arson;

C. Fraud:

(1) misrepresentation fraudulent statements or alterations of documents;

(2) improper sale, disposal, removal or concealing of encumbered property;

(3) tax fraud;

(4) conspiracy;

(5) Medicaid, Medicare or insurance fraud;

(6) money laundering;

D. Theft:

(1) breaking and entering;

(2) larceny;

(3) robbery;

(4) burglary;

(5) shoplifting;

(6) I.D. theft;

(7) credit card or other financial information;

(8) receiving or transferring stolen property;

E. Financial crimes:

(1) embezzlement;

(2) extortion;

(3) receiving stolen property;

(4) forgery;

(5) receiving illegal kickbacks;

(6) racketeering;

(7) falsification of documents;

(8) white collar crimes;

F. Drug offenses:

(1) drug trafficking;

(2) possession;

(3) contributing to the delinquency of a minor;

G. Sex crimes:

(1) distribution of pornography;

(2) human trafficking;

(3) criminal sexual penetration or contact;

(4) failure to register with the sex offender and notification act;

H. Any crimes identified under Section 61-24C-10, NMSA 1978;

I. Miscellaneous:

(1) felon in possession of a firearm;

(2) bribery of an official;

(3) accepting a bribe;

(4) gabling and gaming crimes;

(5) stalking;

(6) terrify, intimidate, threaten, harass, annoy or offend another;

(7) escape from incarceration;

(8) DWI;

(9) practicing a profession without a license or on a revoked or suspended license;

(10) violation of the subdivision act, mortgage foreclosure act, mortgage loan company act or uniform money services act;

(11) violation of the controlled substance act;

J. The board shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in Section 16.42.4.10 NMAC.

K. The board shall not deny, suspend or revoke a license on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in 16.42.4.10 NMAC.

L. Nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual’s conduct to the extent that such conduct violated the Interior Designers Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in 16.42.4.10 NMAC.

M. In connection with an application for licensure, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

(1) an arrest not followed by a valid conviction;

(2) a conviction that has been sealed, dismissed, expunged or pardoned;

(3) a juvenile adjudication; or

(4) a conviction for any crime other than the disqualifying criminal convictions listed in 16.42.4.10 NMAC

[16.42.4.10 NMAC - N, 3/12/2022]