New Mexico Register / Volume XXXIII, Issue 22 / November 29, 2022

This is an amendment to 16.39.6 Section 7, 8 and 9, effective 12/16/2022.

16.39.6.7 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 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, within the two years immediately preceding the date the person applied for an occupational or professional license pursuant to this section.

C. “Spouse means” the spouse 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; or a surviving spouse of a member who at the time of death was serving on active duty.

D. “Child means” 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 child is also a dependent of that person for federal income tax purposes.

E. “Licensing Fee means” a fee charged at the time an application for a professional license is submitted to the board and any fee charged for the processing of the 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 licenses or other expenses.]

Definitions regarding military service members, veterans, spouses and dependents are outlined pursuant to 61-1-34 NMSA 1978.

A. “Licensing fee” has the same meaning as defined in Paragraph (1) of Subsection E of Section 61-1-34 NMSA 1978.

B. “Military service member” has the same meaning as defined in Paragraph (2) of Subsection E of Section 61-1-34 NMSA 1978.

C. “Veteran” has the same meaning as defined in Paragraph (3) of Subsection E of Section 61-1-34 NMSA 1978.

[16.39.6.7 NMAC - N, 7/1/2015; A, 3/12/2022; A, 12/16/2022]

16.39.6.8 APPLICATION REQUIREMENTS:

A. Applications for licensure shall be completed on a form provided by the department.

B. The information shall include:

(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 license the applicant applies for pursuant to Chapter 61, Article 23 NMSA 1978.

(3) the applicant shall provide the following documentation:

(a) for military service member: copy of military orders;

(b) for spouse of military service members: copy of spouse’s military orders, and copy of marriage license;

(c) for spouses of deceased military service members: copy of spouse’s DD214 and copy of marriage license;

(d) for dependent children of military service members: copy of military orders listing dependent child, or a copy of military orders and one of the following: copy of birth certificate, military service member’s federal tax return or other governmental or judicial documentation establishing dependency;

(e) for veterans (retired or separated): copy of DD214 showing proof of honorable discharge.]

C. The license shall be issued by the board as soon as practicable but no later than thirty days after a qualified military service member, spouse, dependent child, or veteran files a complete application.

D. 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.

[16.39.6.8 NMAC - N, 7/1/2015; A, 3/12/2022; A, 12/16/2022]

16.39.6.9 RENEWAL REQUIREMENTS:

[ A. A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance and for the renewal of a license pursuant to Chapter 61, Article 23 NMSA 1978.

B. The licensee must submit the following documents at the time of renewal:

(1) applicants, with board-approved engineering/surveying degrees shall submit their official transcript(s) provided directly from the university;

(2) applicants with an accreditation board for engineering and technology (ABET) accredited engineering technology degree shall submit their official transcript(s) provided directly from the university;

(3) acceptable replies from five (5) references, pursuant to Section 61-23-10 (B) NMSA 1978.

C. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial period pursuant Section 61-23-10 (B) NMSA 1978.]

A. A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance and for the renewal of a license pursuant to Chapter 61, Article 23 NMSA 1978.

B. The licensee must submit the following documents at the time of renewal:

(1) Proof of military service, spouse or dependent, or veteran status:

(a) for military service member: copy of military orders;

(b) for spouse of military service members: copy of spouse’s military orders, and copy of marriage license;

(c) for spouses of deceased military service members: copy of spouse’s DD214 and copy of marriage license;

(d) for dependent children of military service members: copy of military orders listing dependent child, or a copy of military orders and one of the following: copy of birth certificate, military service member’s federal tax return or other governmental or judicial documentation establishing dependency;

(e) for veterans (retired or separated): copy of DD214 showing proof of honorable discharge.

(2) applicants for professional engineering license must meet the requirement as outlined in 16.39.3.9 NMAC;

(3) applicants for professional surveying license must meet the requirement as outlined in 16.39.5.8 NMAC.

C. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial renewal period pursuant to Subsection B of Section 61-23-10 NMSA 1978.

[16.39.6.9 NMAC - N, 7/1/2015; A, 12/16/2022]