New Mexico Register / Volume XXXIV,
Issue 9 / May 16, 2023
NOTICE OF PUBLIC RULE
HEARING AND BOARD MEETING
The
Regulation and Licensing Department (Department) in consultation with the New
Mexico Interior Design Board (Board) will hold a rule hearing on Friday, June
16, 2023 at 9:00 a.m., immediately followed by a
meeting of the Board to discuss and consider adoption of the proposed rules
listed below. The rule hearing and
subsequent Board meeting will be held at the Regulation and Licensing
Department, 5500 San Antonio Drive NE, Albuquerque, NM 87109.
The
hearing and subsequent board meeting may also be accessed via Cisco Webex
Meetings by using the following link:
Code:
24983198168
Meeting
Password: DCxbRwA7v33
Join
by phone: 1-415-655-0002
The
purpose of the rule hearing is to receive public comments related to proposed
amendments of the following rules that address changes to the Interior Design
Act as amended by House Bill 384 passed during the 2023 legislative session and
signed by the Governor, which is effective July 1, 2023:
16.42.1
NMAC - General Provisions
16.42.2
NMAC - Code of Professional Conduct
16.42.3
NMAC - Licensing Requirements
16.42.4
NMAC - Complaints and Disciplinary Actions
16.42.5
NMAC - Fees
16.42.6
NMAC - Continuing Education Guidelines
16.42.7
NMAC - Licensure for Military Service Members, Spouses, Dependent Children and
Veterans
On
May 16, 2023 copies of the proposed rules may be
obtained by going to the Boards and Commissions Division, Interior Design Board
website at: NMRLD | Interior Design Board Meetings & Information, or by
contacting the Board Administrator for the Board at (505) 222-9882.
The Department and the Board will begin accepting
public comments on the proposed rules beginning May 16, 2023. Please submit written comments on the proposed
changes to Sarah McGeath, Board Administrator, via electronic mail at: Interior.Design@rld.nm.gov, or by regular mail at 5500 San Antonio
Drive NE, Albuquerque, NM 87109 no later than June 16, 2023
8 a.m.
Written comments received during the
public comment period will be posted to the Board’s website page linked above. Any
person in attendance will be given the opportunity to present their comments at
the rule hearing.
An
individual with a disability who is in need of a
reader, amplifier, qualified sign language interpreter, or other form of
auxiliary aid or service to attend or participate in the hearing or the special
board meeting, please contact Sarah McGeath, Board Administrator (505) 222-9882
at least 7 days prior to the rule hearing and special board meeting. Public
documents, including the proposed rules, meeting agenda and minutes, can be
provided in various accessible formats.
Statutory
Authority: The proposed rule
changes are authorized by the Interior Design Act, Section 61-24C-5 NMSA 1978, which
provides explicit authority for the Board to “promulgate rules as may be
necessary to implement the provisions of the Interior Design Act.
The rulemaking and public rule hearing is governed by the
State Rules Act, Sections 14-4-1 to 11, NMSA 1978, and the Default Procedural
Rule for Rulemaking promulgated by the New Mexico Office of the Attorney
General, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose of Proposed Rules:
The proposed rule changes are intended, primarily, to address statutory changes to the Interior Design Act that were included in House Bill 384, which was passed by the New Mexico Legislature during the 2023 Regular Session. The proposed rules are also intended to provide the Regulation and Licensing Department with the administration, coordination and enforcement of the Interior Designer Act.
Summary
of Proposed Changes:
The
proposed rules incorporate or remove language and definitions provided in House
Bill 384 to create consistency between the statutory provisions and the rules
and regulations governing the Interior Designers Act.
The proposed rules replace references to
the Interior Design Board with RLD as the board will cease to exist on July 1,
2023. The proposed rules also amend
requirements for interior designer licensure to require an applicant to take
and pass the national council for interior design qualification or other
nationally recognized examination approved by the department, and to have an active
certification from a nationally recognized certification. Further, licensure without examination may be
approved on a case-by-case basis for those actively licensed in another
jurisdiction with at least eight years apprenticeship. Also, the license term has been extended to
four years and requires 20 hours of continuing education before renewal. A summary of the proposed changes for each
rule appears below.
16.42.1
- General Provisions:
The amendments to this part comply with
statutory changes to the Interior Design Act and also
contain revisions to grammatical and typographical errors throughout.
16.42.2 – Code of Professional Conduct:
The amendments to this part comply with
statutory changes to the Interior Design Act and also
contain revisions to grammatical and typographical errors throughout.
16.42.3
– Licensing Requirements:
The amendments to this part comply with
statutory changes to the Interior Design Act which appear at NMSA 1978,
Sections 61-24C-8, 61-24C-9, and 61-24C-10.
These amendments and statutory changes include updating the requirements
for licensure by examination, licensure without examination, expedited
licensure and licensure for military service members and veterans. The amendments also contain revisions regarding
renewal, expired licenses and licenses in inactive status.
16.42.4
– Complaints and Disciplinary Actions:
The amendments to this part comply with
statutory changes to the Interior Design Act regarding complaints and
disciplinary actions and also contain revisions to
grammatical and typographical errors throughout.
16.42.5
– Fees:
The amendments to this part comply with
statutory changes to the Interior Design Act regarding licensure fees and also contain revisions to grammatical and typographical
errors throughout.
16.42.6
– Continuing Education Guidelines:
The amendments to this part comply with
statutory changes to the Interior Design Act which appear at NMSA 1978, Section
61-24C-10D. The amendments to this part
also contain revisions to grammatical and typographical errors throughout.
16.42.7
– Licensure for Military Service Members, Spouses, Dependent Children and
Veterans:
The amendments to this part comply with
statutory changes to the Interior Design Act regarding licensure for military
service members, spouses, dependent children and veterans. The amendments to this part also contain
revisions to grammatical and typographical errors throughout.