New Mexico Register / Volume
XXXIII, Issue 4 / February 22, 2022
This is the
amendment to 16.28.7 NMAC Sections 7, and 8 effective 3/2/2022.
16.28.7.7 DEFINITIONS:
[A. 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.
B. 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]
A. “License” means a license,
registration, certificate of registration, certificate, permit or
certification.
B. “Licensing fee” means a fee
charged at the time an application for a professional or occupational license
is submitted to the state agency, board or commission and any fee for the
processing of an application for such license; “licensing fee’ does not include
a fee for an annual inspection or examination of a licensee or a fee charged
for copies of documents, replacement license or other expenses related to a
professional or occupational license.
C. “Military service member”:
means a person who is:
(1) serving in the armed forces of the
United States as an active duty member or in an active reserve component of the
armed forces of the United States including the national guard, or surviving
spouse of a member who at the time of the member’s death was serving on active
duty; or
(2) the spouse of a person who is serving
in the armed forces of the United State or in an active reserve component of
the armed forces of the United States, including the national guard, or a
surviving spouse of a member who at the time of the member’s death was serving
on active duty; or
(3) the child of a person who is serving
in the armed forces of the United States as an active duty member, or in an
active reserve component of the armed forces of the United States, including
the national guard; provided that the child is also a dependent of that person
for federal income tax purposes; and
(4) “veteran” means a
person who has received an honorable discharge or separation from military
service.
D. “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 Signed Language Interpreting Practices Act,Sections 61-34-1
through -17 NMSA 1978.
[16.28.7.7 NMAC - N, 1/15/2014;
A, 3/2/2022]
16.28.7.8 APPLICATION REQUIREMENTS:
A. Applications for registration shall
be completed on a form provided by the [department] board.
B. The [information] completed
application shall include the following information:
[(1) Completed
application and fee.
(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 pursuant to Chapter 61, Articles 2 through 34
NMSA 1978.]
(1) applicant’s full name;
(2) current mailing address;
(3) current electronic
mail address, if any;
(4) date of birth;
(5) background
check if required; and
(6) proof as described in subsection C
below.
C. The applicant shall provide the
following satisfactory evidence:
(1) applicant is currently licensed and
in good standing in another jurisdiction, including a branch of the United
States armed forces;
(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;
(3) the following documentation:
(a) a copy of military orders for
military service members;
(b) a copy of military service member’s
military orders and a copy of marriage license for spouses of military service
members;
(c) for spouses of deceased military
members: a copy of the decedent’s DD 214 and a copy of marriage license;
(d) for dependent children of military
service members: a copy of military service member’s orders listing the
dependent child, or a copy of military orders and one of the following: a copy
of a birth certificate, military service member’s federal income tax return or
other governmental or judicial documentation establishing dependency;
(e) for veterans (retired or separated):
a copy of DD 214 showing proof of honorable discharge.
D. The license shall be issued by the
board as soon as is practicable but no later than 30 days after a qualified
military service member, spouse, dependent child, or veteran files a complete
application and pays 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
rule shall be valid for the time period that is specified in the Signed
Language Interpreting Practices Act, Sections 61-34-1 to -17 NMSA 1978.
G. A license issued pursuant to this
section shall not be renewed unless the license holder satisfies the
requirements for renewal set forth in 16.28.7.11 NMAC , Section 61-34-10 NMSA
1978. As a courtesy, the board will
send, via electronic mail, license renewal notifications to licensees or
registrants before the license expiration date to the last known electronic
mail 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.
H. Electronic signatures will be
acceptable for applications submitted pursuant to Sections 14-16-1 through -19
NMSA 1978.
[16.28.7.8 NMAC - N, 1/15/2014;
A, 3/2/2022]