New Mexico
Register / Volume XXXIV, Issue 4 / February 28, 2023
The Private Investigations Advisory Board will hold a rule hearing on Friday, March 31st, 2023 at 10:00 a.m. The rule hearing will be held at 5500 San Antonio Dr. NE, Albuquerque, NM 87109, and via Microsoft Teams, please use the following link:
Microsoft Teams
Meeting
https://teams.microsoft.com/registration/9GuqBDbUb0K_pAS3pw5g_w,UY0BuTGxyUCMAYc-bx5gGg,s_4k-W_Yqk6FkGpHv0sgOw,MOKytC68PEK-P29IZVQsHA,0-FyIIgMR0eB8R3EuAT2Cw,v7qwV6dsHkaX-OcbGq4BIA?mode=read&tenantId=04aa6bf4-d436-426f-bfa4-04b7a70e60ff&webinarRing=gcc
The purpose of the rule hearing is to consider the proposed rule amendments to Title 16, Chapter 48, Part 1 and Part 2 of the New Mexico Administrative Code as follows:
16.48.1 NMAC GENERAL PROVISIONS
16.48.2 NMAC REQUIREMENTS FOR LICENSURE AND REGISTRATION
On February 28th, 2023 you may obtain and review copies of the proposed changes and public comments, by going to the Private Investigations Advisory Board (Board) website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/private-investigations/pi-board-information/pi-board-meetings/ or by contacting the Board Administrator at (505) 476-4650.
The Board/Commission will begin accepting public comments on the proposed amended rules beginning February 28th, 2023. Please submit written comments on the proposed changes to Richard Espinoza, Board Administrator, via electronic mail at: pipolygraphbd@rld.nm.gov, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504 no later than Wednesday, March 29th, 2023. Comments received prior to the rule hearing will be posted to the RLD website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/private-investigations/pi-%20laws-rules-and-policies/ . Every person attending the rule hearing will be given the opportunity to present their public comments at the rule hearing.
An individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Richard Espinoza, Board Administrator (505) 476-4658.
Statutory Authority:
The proposed rule changes are authorized by the Private Investigations Act, Section 61-27B-5 NMSA 1978, which provides explicit authority for the regulation and licensing department (department) to promulgate rules to carry out the provisions of the Private Investigations Act.
Summary of Proposed Changes:
Changing licensure requirements for all licenses issued by the Board:
All applicants seeking licensure under the Private Investigations Act, pursuant to Section 61-27B-34, NMSA 1978, are required to submit to a biometric federal criminal history background check. Owners, directors, and officers of private investigation companies and private patrol companies are also required to submit to a biometric federal criminal history background check. Private patrol companies must provide employed security guards, or those providing security guard services under contract, with a company-specific photo identification badge. A private investigations company must retain a surety bond in the amount of ten thousand dollars to maintain licensure with the department. A private investigations company that provides personal protection or bodyguard services must maintain a general liability insurance certificate in the amount of one million dollars. A private patrol company must maintain a general liability insurance policy in the amount of one million dollars. Applicants who have a current active license to practice polygraphy is another jurisdiction whose standards are equal of greater than those in New Mexico for a minimum of two years immediately preceding the date of application, and no pending or formal disciplinary actions issued against the license for the last five years, are not required to complete the 6-month probationary period. Training and examination for Level One, Level Two, and Level Three Security officers must be conducted pursuant to the curriculum provided by the department and must be taught by an in-person department approved instructor. Adds a limited exemption to licensure for private investigators. Adds a section outlining the requirements for reciprocal licensure for applicants from other states.
Purpose of the Proposed Changes:
The purpose of the proposed rules is to comply with the current New Mexico statutes governing the Private Investigations Act. The proposed rules also address the requirements for reciprocal licensure under the Act. More generally, the proposed rules are intended to provide greater clarity in existing regulatory and statutory requirements, and to satisfy the Departments statutory obligation to promulgate rules necessary to carry out the provisions of the Act.
16.48.1.14 DISPLAY OF REGISTRATION OR LICENSE AND
NOTIFICATION CHANGES
A private patrol
company must provide
employed, or contracted, licensees with a photo identification badge displaying a photo of the licensee and providing the name
of the employer and name of the licensee.
16.48.2.8 BOND, GENERAL LIABILITY AND BIOMETRIC
CRIMINAL HISTORY REPORT REQUIREMENT
A private investigations company must retain a surety
bond in the amount of ten thousand
dollars to maintain licensure with the department. A private investigations
company that provides personal protection or bodyguard services must maintain a
general liability insurance certificate in the amount of one million dollars.
16.48.2.10 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE INVESTIGATION COMPANY LICENSE
Each owner, director, and officer must submit to a
biometric federal criminal history background
check. Requires a private investigation company to retain and file with
the department a surety bond in the amount of ten thousand dollars.
16.48.2.11 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE INVESTIGATION MANAGER LICENSE
A private investigations manager must be employed by,
or provide services on a contract basis to, a private investigation company and
be responsible for managing the daily operations of the company.
16.48.2.12 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE INVESTIGATIONSE EMPLOYEE REGISTRATION
A private investigations employee who is employed by,
or provides services on a contract basis, must be under the direct supervision
of a New Mexico licensed private investigator in good standing.
16.48.2.13 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE PATROL OPERATOR LICENSE
Pursuant to Section 61-27B-10, NMSA 1978, the
applicant must submit proof of at least three years experience of actual work
performed as a security guard or the equivalent.
16.48.2.14 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE PATROL COMPANY LICENSE
The private patrol company must provide the name and
license number of an owner who is licensed as a private patrol officer, or a licensed
private patrol manager,
and certification that they will manage the daily operations of the company. A private patrol company must maintain a general
liability insurance policy in the amount of one million dollars. Each owner, director, and officer must submit to a biometric
federal criminal history
background check.
16.48.2.15 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A PRIVATE PATROL OPERATIONS MANAGER LICENSE
A private patrol operations manager
must be employed
by, or provide services on a contract
basis to, a private
patrol company and be responsible for managing the daily operations of the company.
16.48.2.16 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
FOR APPLICANTS FOR A POLYGRAPH EXAMINER LICENSE
Applicants who have not been licensed for a minimum of
two years immediately prior to the date of the application must complete a
six-month probationary period under the supervision of a New Mexico Licensed
Polygraph Examiner. Applicants who have a current active license to practice
polygraphy in another jurisdiction whose standards are equal of greater than
those in New Mexico for a minimum of two years immediately preceding the date
of application, and no pending or formal disciplinary actions issued against
the license for the last five years, are not required to complete the
probationary period.
16.48.2.17 LEVEL ONE SECURITY GUARD APPLICANT
QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
Training and examination must be conducted pursuant to
the curriculum provided by the department and must be taught by an in-person
department approved instructor. (Removes requirement that the instructor must
be approved by the superintendent).
16.48.2.18 LEVEL TWO SECURITY GUARD APPLICANT
QUALIFICATIONS AND EXPERIENCE REQUIREMENTS
Training and examination must be conducted pursuant to
the curriculum provided by the department and must be taught by an in-person
department approved instructor. (Removes requirement that the instructor must
be approved by the superintendent.) Electronic
non-lethal device training shall be done in accordance with manufacturer
requirements for any device carried or utilized by the registrant.
16.48.2.19 LEVEL THREE SECURITY GUARD APPLICANT QUALIFICATIONS
AND EXPERIENCE REQUIREMENTS
Training and examination must be conducted pursuant to
the curriculum provided by the department and must be taught by an in-person
department approved instructor. (Removes requirement that the instructor must
be approved by the superintendent).
16.48.2.24 LIMITED EXEMPTION TO LICENSURE
An investigator licensed
in another state may conduct
business in New Mexico only if the investigation must be
initiated in the investigators home state, the investigator may spend no more than 30 days per case while investigating in another state; the
investigator is prohibited from soliciting business in New Mexico and from
establishing a business or setting up a residence while investigating in New Mexico.
16.48.2.25 RECIPROCITY
An applicant for licensure or registration by
reciprocity may not engage in the practice of private investigations, private
patrol operator, polygraph examiners or security guard in New Mexico until
approval for licensure by reciprocity has been given and the department has
issued an initial license. Acceptance
of a reciprocity applicant for licensure or registration is subject to
department approval. All applicants for licensure
or registration by reciprocity shall: (1) be duly and currently licensed
or registered, for at least one year, in at least one other
state; (2) have no history of disciplinary action within the last year against
any professional license or registration; (3) provide proof
of having met education and experience requirements in the state of licensure similar to or better
than those required in New Mexico.