New Mexico Register / Volume
XXXIV, Issue 18 / September 26, 2023
This is an amendment
to 16.65.2 Sections 9, 10 and 11 effective 9/26/2023
16.65.2.9 OWNER
REGISTRATION REQUIREMENTS:
A. An AMC applying
for registration may not be owned by a person or have any principal
of the company, who has had a license or certificate to practice as an
appraiser refused, denied, canceled or revoked in this state or in any
other state.
B. Each person that owns, is an officer of, or has a ten
percent or more financial interest in an AMC shall:
(1) [execute]
attest to an irrevocable consent to service of process [form;
(2) be
of good moral character; and
(3)] (2) submit
to a [state background investigation.] criminal history
background check: All applicants for
initial issuance or reinstatement of a certificate and license in New Mexico
shall be required to be fingerprinted to establish positive identification for
a state and federal criminal history background check.
(a) The applicant will register online,
through the approved department of public safety website, with the board’s
Originating Agency Identification (ORI) number and make payment with
registration. After the process is
complete, the applicant will receive a registration confirmation.
(b) Results will be sent to the board
electronically. The board shall not
issue a certificate or license until the applicant’s background check has been
successfully completed.
(c) Out-of-State applicants, who are
unable to visit an approved live scan fingerprinting facility, may follow the
same registration process and submit a hardcopy fingerprint card to the
approved live scan fingerprinting facility.
The results will be sent to the board electronically. The board shall not issue a certificate or
license until the applicant’s background check has been successfully completed.
[16.65.2.9 NMAC - N, 10/16/2009; A, 09/26/2023]
16.65.2.10 CONTROLLING PERSON (CP) REGISTRATION REQUIREMENTS: In order to serve as a CP of an AMC, a designee
shall:
[A. be of good moral character;
B.] A. submit to a [state background investigation;] Criminal
history background check: All applicants
for initial issuance or reinstatement of a certificate and license in New
Mexico shall be required to be fingerprinted to establish positive
identification for a state and federal criminal history background check.
(1) The applicant will register online,
through the approved department of public safety website, with the board’s
Originating Agency Identification (ORI) number and make payment with
registration. After the process is
complete, the applicant will receive a registration confirmation.
(2) Results will be sent to the board
electronically. The board shall not
issue a certificate or license until the applicant’s background check has been
successfully completed.
(3) Out-of-State applicants, who are
unable to visit an approved live scan fingerprinting facility, may follow the
same registration process and submit a hardcopy fingerprint card to the
approved live scan fingerprinting facility.
The results will be sent to the board electronically. The board shall not issue a certificate or
license until the applicant’s background check has been successfully completed.
[C.] B. not have had a license to practice as an
appraiser refused, denied, canceled or revoked in this state or in any other
state; and
[D.] C. [submit] attest to an irrevocable
[server of] consent to service of process [form].
[16.65.2.10 NMAC - N, 10/16/2009; A, 09/26/2023]
16.65.2.11 EMPLOYEE IN CHARGE (EIC) REGISTRATION REQUIREMENTS: In order to serve as the EIC for a registered
AMC, a designee shall:
A. not have had a license to practice as an appraiser refused,
denied, canceled or revoked in this state or in any other state;
[B. be of good moral character;
C.] B. submit to [a state background
investigation; and] Criminal history background check: All applicants for initial issuance or
reinstatement of a certificate and license in New Mexico shall be required to
be fingerprinted to establish positive identification for a state and federal
criminal history background check.
(1) The applicant will register online,
through the approved department of public safety website, with the board’s
Originating Agency Identification (ORI) number and make payment with
registration. After the process is
complete, the applicant will receive a registration confirmation.
(2) Results will be sent to the board
electronically. The board shall not
issue a certificate or license until the applicant’s background check has been
successfully completed.
(3) Out-of-State applicants, who are
unable to visit an approved live scan fingerprinting facility, may follow the
same registration process and submit a hardcopy fingerprint card to the
approved live scan fingerprinting facility.
The results will be sent to the board electronically. The board shall not issue a certificate or
license until the applicant’s background check has been successfully completed.
[D.] C. shall be responsible for;
(1) the
selecting of appraisers for the performance of real estate appraisal services
which includes: ensuring that each appraiser is
licensed and provides a combined reporting system (CRS) identification number;
(2) have
the responsibility of reviewing completed appraisals as part of the board file:
(a) shall
ensure clerical review is conducted on all appraisals completed within the
renewal period;
(b) shall
randomly select a statistically significant number, but not less than five
percent, all fractions rounded up, of outsource appraisal reviews on appraisals
completed within the renewal period;
(c) outsource
appraisal reviews shall be completed by an appraiser that is certified or
licensed in good standing within their state of licensure at a level that
corresponds with or is higher than the level of licensure required to perform
the appraisal.
(3) maintaining
required documentation as part of the board file.
[E.] D. For initial registration of any Employee
In Charge (EIC), proof that a 15 hour USPAP course was completed (no limitation
on date completed) must be submitted along with the application for
registration. For subsequent renewals of
an existing registered EIC, an appraisal qualification board (AQB) seven hour
National USPAP Update course must have been taken within the past two years. The
appraisal qualifications board (AQB) approved 15 hour national USPAP course and
the seven hour national USPAP update course do not require prior approval by
the board with proof that the course was taught by an AQB certified USPAP
instructor who is also a residential or general certified appraiser; the course
sponsor may certify in the form of a certificate provided to the student that
the instructor meets AQB criteria; the instructor must be affiliated with a
sponsor approved in at least one state of the United States.
[16.65.2.11
NMAC - N, 10/16/2009; A, 1/16/2011; A, 7/10/2011; A, 1/15/2017; A, 2/3/2019; A,
09/26/2023]