New Mexico Board of Examiners for Architects.
[16.30.5.1 NMAC - Rp 16 NMAC 30.5.1, 9/6/2001]

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]

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]

Permanent.
[16.30.5.4 NMAC - Rp 16 NMAC 30.5.4, 9/6/2001]

September 6, 2001, unless a different date is cited at the end of the section. [16.30.5.5 NMAC - A 16 NMAC 30.5.5, 9/6/2001]

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]

All terms defined in this section shall have the same meaning as terms defined in the Parental Responsibility Act, Sections 41-5A-1 through -13 NMSA 1978.

1. “HSD” means the New Mexico human services department.
2. “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.
3. “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]

Disciplinary proceedings against a registered New Mexico architect may be instituted by a sworn complaint of any person, including members of the board. Complaint forms shall be obtained from the board office or the board’s web site and shall be reviewed by the enforcement subcommittee of the rules and regulations committee. Complaint forms shall be confidential pursuant to Subsection D of Section 61-15-5 NMSA 1978. The enforcement subcommittee shall have the authority to initiate investigations and determine whether sufficient evidence exists to support the issuance of a notice of contemplated action. If such sufficient evidence exists, the enforcement subcommittee may vote to issue a notice of contemplated action. If the enforcement subcommittee deems the action was a minor violation, it may close the matter with an advisory letter.
[16.30.5.8 NMAC - Rp 16 NMAC 30.5.8, 9/6/2001]

For all non-parental responsibility actions:
A. The enforcement subcommittee may enter into a settlement agreement at any time. The settlement agreement is subject to approval by the rules and regulations committee.

1. The board shall require an acknowledgement of disciplinary action for all violations.
2. The board shall require an admission of guilt in a settlement agreement for any non-minor violation.
3. 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]

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]

Architect, as defined in Subsection A of 61-15-2 NMSA 1978, means any individual registered under the Architectural Act to practice architecture. A person using any designation tending to imply to the public that the person is an architect is in violation of Subsection B (5) of Section 61-15-10 NMSA 1978 unless:

1. that person is duly registered to do so under the provisions of the Architectural Act;
2. the title containing the designation is allowed by rule of the board; or
3. the title containing the designation does not imply that the person using the designation, when describing occupation, business name or services, is offering to perform architectural services.

[16.30.5.11 NMAC - Rp 16 NMAC 30.5.9, 9/6/2001]

1. 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.
2. 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.
3. 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 sixty days; if the registrant fails to provide this statement, the board shall commence formal proceedings under Subsection D of 16.30.5.12 NMAC.
4. 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 twenty (20) days after service of the notice requesting a hearing; or provides the board within thirty (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.
5. 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.
6. 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.
7. 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]

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, 7-1-68.
BEA 69-1, Architectural Law And Rules And Regulations, 6-17-69.
BEA 70-1, Architectural Law And Rules And Regulations, 7-28-70.
BEA 74-1, Roster Of Registered Architects Laws Rules Regulations, 8-30-74.
BEA 78-1, Board Of Examiners For Architects, 9-19-78.
NMBEA 85-1, Architectural Act Rules And Regulations, 2-7-85.
NMBEA 86-1, Architectural Act Rules And Regulations, 4-9-86.
NMBEA 88-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 6-22-88.
NMBEA 89-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 11-28-89.
Regulation No. NMBEA 90-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 8-14-90.
NMBEA Rule 4, NCARB Examinations, 6-23-80.

History of Repealed Material:
16 NMAC 30.5, Enforcement - Repealed, 9-6-01.