New Mexico Register / Volume XXXIV, Issue 13 / July 18, 2023
This is an amendment to 16.42.7 Sections 1, 3,
7, 8, and 10, effective July 18, 2023
16.42.7.1 ISSUING AGENCY: Regulation and Licensing Department [,
New Mexico Interior Design Board].
[16.42.7.1 NMAC – N,
3/12/2022; A, 7/18/2023]
16.42.7.3 STATUTORY
AUTHORITY: These rules are
promulgated pursuant to Section 61-1-34 NMSA 1978 of the Uniform
Licensing Act, [NMSA 1978, Section 61-1-1 to 34 (1957, as amended through
2013)] and the Interior Designers Act, Sections 61-24C-1 to 16 NMSA 1978.
[16.42.7.3 NMAC – N,
3/12/2022; A, 7/18/2023]
16.42.7.7 DEFINITIONS:
A. “License” [means a license, registration,
certificate of registration, certificate, permit or certification.] has the
same meaning as defined in Subsection E of Section 61-1-2 NMSA 1978.
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 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 license or other expenses related to a professional or
occupational license.] has the same meaning as defined in Subsection E
of Section 61-1-34 NMSA 1978.
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 Unites 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
(2) the spouse of 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, 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 child is also a
dependent of that person for federal income tax purposes.] has the same meaning as defined in
Subsection E of Section 61-1-34 NMSA 1978.
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 Interior
Designers Act.
E. “Veteran” [means a person who has received an
honorable discharge or separation from military service.] has the same
meaning as defined in Subsection E of Section 61-1-34 NMSA 1978.
[16.42.7.7 NMAC – N,
3/12/2022; A, 7/18/2023]
16.42.7.8 APPLICATION
REQUIREMENTS:
A. Applications for registration shall be completed on a
form provided by the [board] department.
B. The applicant shall provide a complete application that
includes the following information:
(1) applicant’s full name;
(2) current mailing address;
(3) current electronic mail address, if
any;
(4) date of birth; and
(5) proof as described in Subsection C of
[16.42.8] 16.42.7.8 NMAC.
C. The applicant shall provide the following satisfactory
evidence as follows:
(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 licensing
requirements for New Mexico; and
(3) the following documentation:
(a) for military service member: a copy
of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and a copy of
marriage license;
(c) for spouses of deceased military
service members: copy of decedent’s DD 214 and copy of marriage license;
(d) for dependent children of military
service members; copy of military service member’s 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 DD 214 showing proof of honorable discharge.
D. The license or registration shall be issued by the [board]
department 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 and provides a background report if required for a
license, and any required fees.
E. Military service members and veterans shall not pay and
the [board] department 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 section shall be valid
for the time period that is specified in the Interior
Designers Act.
G. Electronic signatures will be acceptable for applications
submitted pursuant to section 14-16-1 through section 14-16-19 NMSA 1978.
[16.42.7.8 NMAC – N,
3/12/2022; A, 7/18/2023]
16.42.7.10 RENEWAL
REQUIREMENTS:
A. A license issued pursuant to this section shall not be
renewed unless the license holder satisfies the requirements for renewal set
forth in 16.42.3 NMAC pursuant to Interior Designers Act, Sections 61-24C-1 to
16 NMSA 1978.
B. As a courtesy, the [board] department,
will send via electronic mail license renewal notifications to licensees or
registrants before the license expiration date to the last known email address
on file with the [board/commission] department. 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.
[16.42.7.10 NMAC –
N, 3/12/2022; A, 7/18/2023]