New Mexico Register / Volume XXXIV, Issue 13 / July 18, 2023
This is an amendment to 16.42.4 Sections 1, 2, 3, 6, 8, 9 and 10, effective July 18, 2023.
16.42.4.1 ISSUING AGENCY: Regulation and Licensing Department[, New
Mexico Interior Design Board].
[11/10/1997; 16.42.4.1 NMAC - Rn, 16 NMAC 42.4.1, 10/26/2002; A, 11/14/2009; A, 8/15/2014; A, 7/18/2023]
16.42.4.2 SCOPE: The provisions in Part 4 of Chapter 42 apply
to all [licensed holders] licensees, and applicants for
licensure. [These provisions may also
be of interest to anyone who may wish to file a complaint against a licensee of
this board.]
[11/10/1997; 16.42.4.2 NMAC - Rn, 16 NMAC 42.4.2, 10/26/2002; A, 7/18/2023]
16.42.4.3 STATUTORY AUTHORITY: [This part is adopted] These rules
are promulgated pursuant to the Interior Design Act, 61-24C-5; 61-24C-10;
61-24C-11 and 61-24C-12 NMSA 1978.
[11/10/1997; 16.42.4.3 NMAC - Rn, 16 NMAC 42.4.3, 10/26/2002; A, 7/18/2023]
16.42.4.6 OBJECTIVE: The objective of Part 4 is to establish the
procedures for filing complaints against a licensee, the authority of the [board]
department regarding ground for denial, suspension, or revocation of a
license.
[11/10/1997; 16.42.4.6 NMAC - Rn, 16 NMAC 42.4.6, 10/26/2002; A, 7/18/2023]
16.42.4.8 COMPLAINTS: Disciplinary proceedings against a licensed
interior designer may be initiated by a sworn complaint of any person[,
including members of the board].
Complaint forms shall be obtained from the [board's office] department
or department website and must be filed with the [board] department
or online.
[11/10/1997; 16.42.4.8 NMAC - Rn, 16 NMAC 42.4.8, 10/26/2002; A, 7/18/2023]
16.42.4.9 DISCIPLINE: [Disciplinary procedure is governed
by 61-1-1 NMSA 1978, et. seq.
A. Grounds for discipline: License denial will be issued when an
applicant fails to meet the qualifications for licensure or fails to pay the
fees or where the applicant’s conduct meets the requirements of Subsection G of
Section 61-24C-10 NMSA, 1978 or Subsection B of this section.
B.] Unprofessional conduct is grounds for
denial, suspension or revocation of a license under Subsection [G] F
of Section 61-24C-10 NMSA 1978, unprofessional conduct shall [be deemed to]
include, but is not limited to, violations of the code of professional
conduct for interior design.
[11/10/1997; 16.42.4.9 NMAC - Rn, 16 NMAC 42.4.9, 10/26/2002; A, 11/14/2009; A, 7/18/2023]
16.42.4.10 [CRIMINAL OFFENDERS EMPLOYMENT
ACT] POTENTIALLY DISQUALIFYING
CRIMINAL CONVICTIONS:
Convictions for any of the following offense, or their equivalents in
any other jurisdiction, are disqualifying criminal convictions that may
disqualify an applicant from receiving or retaining a license or certificate by
the [board] department.
A. Physical harm to others:
(1) murder;
(2) manslaughter;
(3) assault;
(4) battery;
(5) abandonment of a child resulting in death or great bodily harm;
(6) abuse of a child;
(7) kidnapping;
(8) false imprisonment;
(9) sexual assault;
B. Property damage:
(1) shooting at property;
(2) criminal damage to property;
(3) dangerous use of explosives;
(4) graffiti;
(5) arson;
C. Fraud:
(1) misrepresentation fraudulent statements or alterations of documents;
(2) improper sale, disposal, removal or concealing of encumbered property;
(3) tax fraud;
(4) conspiracy;
(5) Medicaid, Medicare or insurance fraud;
(6) money laundering;
D. Theft:
(1) breaking and entering;
(2) larceny;
(3) robbery;
(4) burglary;
(5) shoplifting;
(6) I.D. theft;
(7) credit card or other financial information;
(8) receiving or transferring stolen property;
E. Financial crimes:
(1) embezzlement;
(2) extortion;
(3) receiving stolen property;
(4) forgery;
(5) receiving illegal kickbacks;
(6) racketeering;
(7) falsification of documents;
(8) white collar crimes;
F. Drug offenses:
(1) drug trafficking;
(2) possession;
(3) contributing to the delinquency of a minor;
G. Sex crimes:
(1) distribution of pornography;
(2) human trafficking;
(3) criminal sexual penetration or contact;
(4) failure to register with the sex offender and notification act;
H. Any crimes identified under Section 61-24C-10, NMSA 1978;
I. Miscellaneous:
(1) felon in possession of a firearm;
(2) bribery of an official;
(3) accepting a bribe;
(4) gabling and gaming crimes;
(5) stalking;
(6) terrify, intimidate, threaten, harass, annoy or offend another;
(7) escape from incarceration;
(8) DWI;
(9) practicing a profession without a license or on a revoked or suspended license;
(10) violation of the subdivision act, mortgage foreclosure act, mortgage loan company act or uniform money services act;
(11) violation of the controlled substance act;
J. The [board] department
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 Section 16.42.4.10 NMAC.
K. The [board] department
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 16.42.4.10 NMAC.
L. Nothing in this rule prevents the [board]
department from denying an application or disciplining a licensee on the
basis of an individual’s conduct to the extent that such conduct violated the
Interior Designers 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 16.42.4.10 NMAC.
M. In connection with an application for
licensure, the [board] department shall not use, distribute,
disseminate, or admit into evidence at an adjudicatory proceeding criminal
records of any of the following:
(1) an arrest not followed by a valid conviction;
(2) a conviction that has been sealed, dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than the disqualifying criminal convictions listed in 16.42.4.10 NMAC
[16.42.4.10 NMAC - N, 3/12/2022; A, 7/18/2023]