New Mexico Register / Volume XXXV, Issue 23 / December 10, 2024

This is an amendment to 16.23.5 NMAC, Sections 10 and 11 effective 12/10/2024.

16.23.5.10 EXPEDITED LICENSE APPLICATION:

A. A candidate for expedited licensure must submit to the board a complete application containing all of the following:

(1) A completed and signed application [form].

(2) Proof of current unrestricted licensure in good standing held by the applicant in an eligible jurisdiction(s).

(3) Payment of the required application fee set forth in 16.23.2.8 NMAC.

B. An expedited license application shall not be deemed complete until the applicant has submitted [and the board’s staff is in receipt of all of the materials] a complete application, including documentation from third parties, required by subsection A.

C. Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

D. If the applicant has a potentially disqualifying criminal conviction or the board or superintendent may have other cause to deny the application pursuant to 61-12B-12 NMSA 1978:

(1) the matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting and then provided to the superintendent for final action;

(2) the license may not be issued within 30 days of submission of the complete application; and

(3) the superintendent may grant the application or refer the matter to an administrative prosecutor for denial of the application as provided by the board’s rules.

(4) Jurisprudence examination with a passing score of seventy-five percent or higher. Each applicant will be afforded three opportunities to pass the exam. If the applicant has not achieved a passing score after three attempts, the applicant must wait three months before attempting to retake the exam.

[16.23.5.10 NMAC - N, 6/27/2023, A, 12/10/2024]

16.23.5.11 EXPEDITED LICENSURE APPPLICATION FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS:

A. A candidate for expedited licensure must submit to the board a complete application containing all of the following:

(1) a completed and signed application [form];

(2) proof of current license in good standing in another jurisdiction, including a branch of the United States armed forces; and

(3) submission of 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 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: a copy of military service member’s orders listing dependent child, or a copy of military orders and one of the following: a copy of birth certificate, military service member’s federal tax return or other governmental or judicial documentation establishing dependency; or

(e) for veterans (retired or separated), proof of honorable discharge, such as a copy of DD Form 214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID card, driver’s license or state ID card with a veteran’s designation, or other documentation verifying honorable discharge.

B. An expedited license application shall not be deemed complete until the applicant has submitted [and the board’s staff is in receipt of all of the materials] a complete application, including documentation from third parties, required by Subsection A.

C. Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

D. If the applicant has a potentially disqualifying criminal conviction or the board or superintendent may have other cause to deny the application pursuant to Section 61-12B-12 NMSA 1978.

(1) the matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting and then provided to the superintendent for final action;

(2) the license may not be issued within 30 days of submission of the complete application; and

(3) the superintendent may grant the application or refer the matter to an administrative prosecutor for denial of the application as provided by the board’s rules.

E. A military service member or veteran who is issued an expedited license shall not be charged any initial licensing fees or renewal fees for the first three years of licensure with the board.

[16.23.5.11 NMAC - N, 6/27/2023, A, 12/10/2024]