New Mexico Register / Volume XXXIII, Issue 3 / February 8, 2022

This is an amendment to 16.48.7 NMAC, Sections 3, 8, 12, 13 and 14, effective 2/8/2022.

16.48.7.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Private Investigations Act, Section 61-27B-5 [, 61-27B-21 & 61-27B-26] NMSA 1978.

[16.48.7.3 NMAC - N, 9/24/2008; A, 2/8/2022]

16.48.7.8 LICENSE AND REGISTRATION RENEWAL: To align with three-year initial terms and transition current licenses and registrations to a three-year renewal cycle, until December 31, 2023, each expiring license and registration ending in an even number (2, 4, 6, 8, 0) will renew for a final two-year term and pay a pro-rated renewal fee, and each expiring license and registration ending in an odd number (1, 3, 5, 7, 9) will renew for a three-year term. Beginning January 1, 2024, all expiring licenses and registrations will renew for three year terms. Licensees and registrants shall renew their licenses issued pursuant to the Private Investigations Act [biennially] by submitting the renewal application and all [required] forms required by the department as described in the application.

A. The completed application shall include applicant’s:

(1) full name;

(2) current mailing address;

(3) current electronic mail address, if any;

(4) current license or registration number, and any expired license or registration numbers issued to the applicant by the department;

(5) two, 2X2 inch recent photographs or an upload of a recent electronic headshot photograph;

(6) proof of required continuing education;

(7) firearms qualification, if required;

(8) documentation showing submission of background check form to the department of public safety [background check] no less than 30 days prior to the expiration of the renewal term (documentation may include certified mail return receipt, mailing or delivery confirmation) required to be submitted only by individuals who currently hold and wish to maintain a firearm certification as a private investigator, private patrol operator, private investigations employee, a private patrol operations employee or level three security guard pursuant to 16.48.4 NMAC;

(9) any required fees;

(10) general liability insurance, if required; and

(11) surety bond, if required.

B. Renewal [documents] applications must be postmarked or submitted online no later than the expiration date of the license or registration or a late fee will be assessed without exception. Continuing education [hours] credits shall be documented as described in [Part 6] 16.48.6 NMAC.

C. The department may require renewal applications be submitted electronically.

[16.48.7.8 NMAC - N, 9/24/2008; A, 1/15/2019; A, 10/26/2021; A, 2/8/2022]

16.48.7.12 APPROVAL OF RENEWAL APPLICATION: Upon department approval of the renewal application, the department will issue a [renewal to the licensee or registrant] license or registration with new expiration date.

[16.48.7.12 NMAC - N, 9/24/2008; A, 2/8/2022]

16.48.7.13 INACTIVE STATUS:

A. A licensed or registered person in good standing may request up to five years of inactive status by notifying the department in writing before the expiration of their current license.

B. An inactive status license or registration may be restored within the five year period upon [receiving a completed] submitting a reinstatement application provided by the department.

[C. A completed reinstatement application must include the appropriate application fee, two current passport type photographs and required background check form.]

[D] C. A license or registration placed on inactive status not restored within five years is automatically expired without notice from the department.

[16.48.7.13 NMAC - N, 9/24/2008; A, 10/26/2021; A, 2/8/2022]

16.48.7.14 REINSTATEMENT OF INACTIVE LICENSURE OR REGISTRATION: Reinstatement of a license or registration that is in inactive status requires the following:

A. completion of a reinstatement application relevant to the license or registration [in inactive status];

B. payment of [the] an application fee and initial license or registration fee equal to the relevant initial fees provided in 16.48.5 NMAC;

C. [submission of required] department of public safety background check [form], required to be submitted only by individuals who wish to also reinstate a firearm certification as a private investigator, private patrol operator, private investigations employee, private patrol operations employee, or level three security guard pursuant to 16.48.4 NMAC; and

D. proof of completion of two hours of continuing education credit for each year the license or registration was inactive.

[16.48.7.14 NMAC N, 9/24/2008; A, 5/10/2010; A, 10/26/2021; A, 2/8/2022]