New Mexico Register / Volume
XXXIII, Issue 1 / January 11, 2022
This is an amendment
to 16.30.3 NMAC, Sections 8, 10 and 12, effective 01/11/2022.
16.30.3.8 GENERAL
QUALIFICATIONS:
B. The applicant shall be of good
character and repute. Factors that the
board may consider under this qualification are:
(1) [conviction of a felony;] misstatement
or misrepresentation of fact by the applicant in connection with his or her
application;
(2) [misstatement
or misrepresentation of fact by the applicant in connection with his or her
application;] violation of any of the standards of conduct required
by registration holders and set forth in the statutes or rules and regulations;
or
(3) [violation of any of the standards
of conduct required by registration holders and set forth in the statutes or
rules and regulations; or] practicing architecture without a valid and
current registration in the jurisdiction in which the practice took place; or
(4) [practicing architecture without a
valid and current registration in the jurisdiction in which the practice took
place.] Convictions for any of the following felony offenses,
or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license issued by the board:
(a) homicide or manslaughter;
(b) trafficking, or trafficking in
controlled substances;
(c) kidnapping, false imprisonment,
aggravated assault or aggravated battery;
(d) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(e) crimes involving adult abuse, neglect
or financial exploitation;
(f) crimes involving child abuse or
neglect;
(g) crimes involving robbery, larceny,
extortion, burglary, bribery, fraud,
forgery, embezzlement, credit card fraud, misuse of public funds,
violation of the procurement code, offering or soliciting an illegal kickback,
tampering with public records, perjury, identity theft, or receiving stolen
property;
(h) human trafficking;
(i) driving under the influence or
driving while intoxicated;
(j) using a forged architectural
registration seal pursuant to Subsection A of Sections 61-15-10, et.
seq. NMSA 1978; or
(k) an attempt, solicitation, or
conspiracy involving any of the felonies in this subsection.
(5) 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 Subsection A of this rule.
(6) 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 Subsection A of this rule.
(7) 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 Architecture 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 Subsection A of this rule.
(8) 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:
(a) an
arrest not followed by a valid conviction;
(b) a
conviction that has been sealed, dismissed, expunged or pardoned;
(c) a
juvenile adjudication; or
(d) a
conviction for any crime other than the disqualifying criminal convictions
listed in Subsection A of this rule.
C. Rules and procedures set out herein for obtaining
registration in New Mexico apply equally to residents of the state and
non-residents.
D. An oral interview before the board may be required of any
applicant for New Mexico registration.
E. All applicants must pass the New Mexico architectural
jurisprudence exam administered by the board.
Failure to answer all questions may result in a failing grade. An applicant who has failed two successive
architectural jurisprudence exams shall not be eligible to apply for
architectural registration for a period of one year from the date of the last
jurisprudence exam failed.
F. All registration and application fees are
non-refundable.
[16.30.3.8 NMAC -
Rp, 16 NMAC 30.3.8, 9/6/2001; A, 9/15/2002; A, 9/15/2016; A, 01/11/2022]
16.30.3.10 REGISTRATION THROUGH RECIPROCITY:
A. An individual who holds a current NCARB certificate
and is seeking registration through reciprocity shall return a completed
application and all fees to the board for processing. The application shall be valid for [six
months] one year from the time the board receives it.
B. An individual currently registered as an architect in another
jurisdiction who does not hold a current NCARB certificate may apply for a New
Mexico architect license upon receiving an NCARB certification acquired through
the alternative path to licensure for experienced professionals.
C. An individual
who does not hold a current NCARB certificate and is seeking registration
through reciprocity as a broadly experienced architect must hold a current and
valid registration issued by the licensing authority of another jurisdiction
and either: (1) hold a degree accredited by the national architectural accrediting
board, pass the necessary examination, and successfully complete the architectural
experience program (AXP) offered by NCARB; or (2) hold a position of
responsibility for at least the previous five years in the jurisdiction(s) of
licensure with no disciplinary action during that five-year period. The term
“position of responsibility” shall mean a person in responsible charge as defined
in Subsection N of 16.30.1.7 NMAC. The
broadly experienced category applicant shall return to the board a completed
application, on a form prescribed by the board, along with other pertinent
documents and application fee. Each
applicant shall provide the board evidence of academic training and work
experience directly related to architecture and demonstrating minimum
competence as described in 16.30.6 NMAC including but not limited to, evidence
of training or experience in the following areas:
(1) design
and construction documents;
(2) construction
administration;
(3) project
management; and
(4) architectural
related activities.
D. Each applicant
must attest on an affidavit that the applicant:
(1) has not performed or offered to
perform, and will not perform or offer to perform, architectural services in
the state of New Mexico until such time as the applicant becomes a New Mexico
registered architect;
(2) is in good standing and has disclosed
all requested information on disciplinary proceedings in any other
jurisdiction; and
(3) has secured a copy and has read the
Architectural Act, and the New Mexico board of examiners for architects rules
and regulations, and agrees to comply with the same.
E. All applicants must pass a New Mexico architectural
jurisprudence exam administered by the board.
An applicant who has failed two successive architectural jurisprudence
exams shall not be eligible to apply for architectural registration for a
period of one year from the date of the last jurisprudence exam failed.
F. Applicants for registration through reciprocity shall
present a certificate of good standing from a jurisdiction in which a current
and valid registration is held.
G. Comprehensive design requirements: Applicants for
registration through reciprocity shall present evidence satisfactory to the
board of their qualification in comprehensive design.
H. The board may require an applicant for registration
through reciprocity to appear before the board for a personal interview and to
complete a written or oral examination.
I. The
board shall review all applications on a case-by-case basis.
J. Upon receipt of a complete reciprocity application
and fee, board staff are authorized to approve and issue a registration to an
applicant for whom no licensing issues are apparent from the application. [Board staff] As necessary, board
staff shall consult with the enforcement subcommittee prior to review by
the examination and reciprocity committee if licensing issues are present
before issuing a registration. When an
application has apparent issues, or a denial is recommended, the application
should be presented to the board prior to any staff approving and issuing
a registration. The board shall vote to
ratify the issuance of all registrations issue by staff at the next regularly
scheduled board meeting. In the event the board votes not to ratify a
reciprocity registration issued by board staff, the board shall pursue
disciplinary action as required by the Uniform Licensing Act, Section 61-15-12
NMSA 1978.
[16.30.3.10 NMAC -
Rp, 16 NMAC 30.3.10, 9/6/2001; A, 9/15/2003; A, 9/16/2004; A, 9/9/2005; A,
12/23/2005; A, 6/1/2009; A, 9/15/2016; A, 10/31/2016; A, 1/15/2019; A, 01/11/2022]
16.30.3.12 CONTINUING EDUCATION:
Architects registered in New Mexico will be required to show compliance
with mandatory education requirements as a condition for renewing registration:
A. Purpose and scope:
(1) These
rules provide for a continuing education program to insure that all architects
remain informed of these technical subjects necessary to safeguard life,
health, property, and promote the public welfare.
(2) Continuing
education is post licensure learning that enables a registered architect to
increase or update knowledge of and competence in technical and professional
subjects related to the practice of architecture to safeguard the public’s
health, safety and welfare.
(3) These rules apply to all architects
registered in New Mexico.
B. Definitions:
(1) “Continuing education hour” is one
continuous instructional hour (minimum 50 minutes) spent in structured
educational activities intended to increase or update the architect’s knowledge
and competence in health, safety and welfare subjects. If the provider of the structured educational
activities prescribes a customary time for completion of such an activity, then
such prescribed time shall, unless the board finds the prescribed time to be
unreasonable, be accepted as the architect’s time for continuing education hour
purposes irrespective of actual time spent on the activity.
(2) “Health, safety and welfare in
architecture” is anything that relates to the structure or soundness of a
building or site or its role in promoting the health, safety or well-being of
its occupants.
(3) “Health, safety and welfare subjects”
are technical and professional subjects in continuing education that the board
deems appropriate to protect the public and that are within the following
enumerated areas necessary for the proper evaluation, design, construction and
utilization of buildings and the built environment.
(a) Building
systems: structural, mechanical, electrical, plumbing, communications,
security, fire protection.
(b) Construction
contract administration: contracts, bidding, contract negotiations.
(c) Construction
documents: drawings, specifications, delivery methods.
(d) Design:
urban planning, master planning, building designs, site design, interiors,
safety and security measures.
(e) Environmental:
energy efficiency, sustainability, natural resources, natural hazards,
hazardous materials, weatherproofing, insulation.
(f) Legal: laws,
codes, zoning, regulations, standards, life safety, accessibility, ethics,
insurance to protect owners and public.
(g) Materials and
methods: construction systems, products, finishes, furnishings, equipment.
(h) Pre-design: land
use analysis, programming, site selection, site and soils analysis, surveying.
(i) Preservation:
historic, reuse, adaptation.
(4) “Structured educational activities”
are educational activities in which at least seventy-five percent of an
activity’s content and instruction time must be devoted to health, safety and
welfare subjects related to the practice of architecture, including courses of
study or other activities under the areas identified as health, safety and
welfare subjects and provided by qualified individuals or organizations,
whether delivered by direct contact or distance learning methods.
C. Requirements:
(1) In addition to all other requirements
for registration renewal, an architect must complete a minimum of 12 continuing
education hours each calendar year or be exempt from these continuing education
requirements as provided below. Failure to complete these requirements may
result in non-renewal of the architect’s registration or other disciplinary
action by the board. Architects shall be assessed an administrative fee of
$100.00 for each continuing education hour they fail to complete. In addition
to the fee, the architect shall be required to make up the deficient health safety
welfare continuing education hours within 60 days. A first violation of this
provision shall not be reported as disciplinary action to NCARB. Two or more
violations of this provision shall be reported as disciplinary action to NCARB.
At the discretion of the enforcement subcommittee, special circumstances will
be reviewed by the subcommittee.
(2) Continuing
education hours must be completed in health, safety and welfare subjects
acquired in structured education activities.
Continuing education hours may be acquired at any location, whether
delivered by direct contact or distant learning methods. Excess continuing education hours may not be
credited to a future calendar year.
D. Activities: The following list shall be used by all
registrants in determining the types of activities that would fulfill
continuing education requirements:
(1) continuing education hours in
attendance at short courses or seminars dealing with architectural subjects and
sponsored by academic institutions;
(2) continuing education hours in
attendance at technical presentations on architectural subjects which are held
in conjunction with conventions or at seminars related to materials use and
functions; such presentations as those sponsored by the American institute of
architects, construction specifications institute, construction products
manufacturers council or similar organizations devoted to architectural
education may qualify;
(3) continuing education hours in
attendance at short courses or seminars related to new technology and offered
by colleges, universities, professional organizations or system suppliers;
(4) continuing education hours spent in
self-study courses such as those sponsored by the national council of
architectural registration boards, American institute of architects or similar
organizations;
(5) up to three preparation hours may be
credited for each class hour spent teaching architectural courses or seminars;
college or university faculty may not claim credit for teaching regular
curriculum courses;
(6) up to three continuing education
hours spent in architectural research that is published or formally presented
to the profession or public;
(7) college or university credit courses
dealing with architectural subjects; each semester hour shall equal 15
continuing education hours; a quarter hour shall equal 10 continuing education
hours;
(8) up to four continuing education hours
in service to the public that is directly related to the practice of
architecture in the area of health, safety and welfare.
E. Records and
record-keeping:
(1) A registered architect shall complete
and submit forms prescribed or accepted by the board certifying to the architect’s
having obtained the required continuing education hours. Documentation of reported continuing
education hours shall be maintained by the architect for three years from the
date of award.
(2) One continuing education hour shall represent a minimum of actual
course time. No credit will be allowed
for introductory remarks, meals, breaks or administrative matters related to
courses of study.
(3) Failure to fulfill the continuing education requirements [shall]
may result in non-renewal of an architect’s certificate of registration and
will result in the administrative or disciplinary actions set forth in Subsection
C of this section. Certification of
fulfillment of continuing education requirements without completion of the
continuing education may result in disciplinary action.
(4) Any
untrue or false statements or the use thereof with respect to course attendance
or any other aspect of continuing education activity is fraud or
misrepresentation and may subject the registrant to additional disciplinary
action.
F. Initial registration: An
architect whose initial examination registration occurs less than 12
months from December 31st shall not be required to report continuing education
hours for that calendar year. An
architect whose initial examination registration occurs more than 12
months prior to December 31st shall be required to complete 12 continuing
education hours within the final calendar year prior to renewal.
G. Reinstatement: Pursuant to Section 61-15-7 NMSA 1978, a
former registrant may only apply for reinstatement and renewal of an expired
certificate under 16.30.3.13 NMAC if delinquent continuing education hours are
earned as required by Subparagraph (a) of Paragraph (3) of Subsection B of
16.30.3.11 NMAC, i.e. 12 continuing education hours each calendar year while
registration is expired or be exempt from these continuing education
requirements as provided below.
H Exemptions: A registrant shall be deemed to have complied
with the foregoing continuing education requirements if the architect attests
in the required affidavit that for not less than 21 months of the preceding
two-year-period of registration, the architect:
(1) has
served honorably on active duty in the military service (exceeding 90
consecutive days); or
(2) is
a government employee working as an architect and assigned to duty outside the
United States, or outside the jurisdiction established by the national council
for architectural registration boards.
I. The board may
consider a hardship case under extenuating circumstances to modify the
requirements established by these rules.
J. Audit: A number of registrants shall be selected at
random to submit substantiating information to support their continuing
education claim. If any credits are
disallowed by the board, then the registrant shall have 60 calendar days after
notification to substantiate the original claim or obtain other continuing
education hours to meet the minimum requirements. Such continuing education hours shall not be
used again in the next renewal cycle. Any registrant found to be
non-compliant with the minimum continuing education hours requirement will
result in the administrative or disciplinary actions set forth in Subsection C
of this section. Additional audits may be conducted at the board’s
discretion.
K. Non-compliance: Failure to comply with the requirements of
this section shall result in non-renewal of registration and forfeit of the
renewal fee.
[16.30.3.12 NMAC - A
& Rn, 16.30.3.11 NMAC, 1/15/2019; A, 01/11/2022]
History
of Repealed Material:
16 NMAC 30.3,
Registration and Renewal, Duplicate Certificates, Seal Specifications and
Document Identification, - Repealed, 9/6/2001.