TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 30 ARCHITECTS
PART 2 ORGANIZATION AND ADMINISTRATION
16.30.2.1 ISSUING AGENCY: New Mexico
Board of Examiners for Architects.
[16.30.2.1 NMAC - Rp,
16.30.2.1 NMAC, 9/26/2023]
16.30.2.2 SCOPE: Provisions for
Part 2 apply to any person registered as an architect, or to anyone applying
for registration as an architect in New Mexico.
[16.30.2.2 NMAC - Rp,
16.30.2.2 NMAC, 9/26/2023]
16.30.2.3 STATUTORY AUTHORITY: Subsection C
of Section 61-15-4 NMSA 1978 prescribes that “The board…may make rules
not inconsistent with law.”
[16.30.2.3 NMAC - Rp,
16.30.2.3 NMAC, 9/26/2023]
16.30.2.4 DURATION: Permanent.
[16.30.2.4 NMAC - Rp,
16.30.2.4 NMAC, 9/26/2023
16.30.2.5 EFFECTIVE DATE: September 26,
2023, unless a different date is cited at the end of the section. [16.30.2.5
NMAC - Rp, 16.30.2.5 NMAC, 9/26/2023]
16.30.2.6 OBJECTIVE: The objective
of this rule is to clearly define the organizational structure of the board,
the duties of the officers, the committees, types of meetings, order of
business, the number needed for quorum, to provide authority to amend the
board’s rules and regulations, and to define the board’s responsibility for
publications.
[16.30.2.6 NMAC - Rp,
16.30.2.6 NMAC, 9/26/2023]
16.30.2.7 DEFINITIONS: [RESERVED]
[16.30.2.7 NMAC - Rp,
16.30.2.7 NMAC, 9/26/2023]
16.30.2.8 UNIFORM LICENSING ACT: Procedures for
administration of the New Mexico Architectural Act shall be governed by the
provisions of the Uniform Licensing Act, Sections 61-15-1 through -31 NMSA
1978.
[16.30.2.8 NMAC - Rp,
16.30.2.8 NMAC, 9/26/2023]
16.30.2.9 OFFICERS: The board
shall annually elect a chair, vice chair, and a secretary/treasurer who shall
be chosen from among its members.
Officers shall hold office until their successors have been duly elected
and qualified. At the last regular
meeting of the fiscal year, officers shall be elected. New officers shall take office on the first
day of the fiscal year.
[16.30.2.9 NMAC - Rp,
16.30.2.9 NMAC, 9/26/2023]
16.30.2.10 DUTIES OF OFFICERS:
A. The
chair shall:
(1) preside at all regular and special meetings,
when present;
(2) appoint all committee members, and subcommittee members,
and their chairpersons;
(3) sign with the secretary/treasurer all approved board
meeting minutes, all formal certificates of registration and the annual report
to the governor; and
(4) perform all other duties ordinarily pertaining to the
office of chair or as herein and hereafter prescribed.
B. The
vice chair shall in the absence of the chair, preside at the meeting and
execute the duties of the chair.
C. The
secretary/treasurer shall:
(1) report on the financial status of the board at each
regular meeting and upon request at a special meeting;
(2) recommend to the board for its approval all proposed
expenditures over the amount authorized by the legislature.
(3) approve all transfers of funds within categories and
recommend to the board for its approval all budget adjustment requests between
the categories or from cash reserves;
(4) present a budget for each fiscal year to recommend to the
board for its approval at the last meeting of the year;
(5) when necessary, appear and represent the board at all
hearings where financial issues arise;
(6) after each board meeting, identify activities that shall
be completed before the next meeting and the individuals to whom assigned; and
(7) sign with the chair all approved board meeting minutes and
all formal certificates of registration.
[16.30.2.10 NMAC - Rp,
16.30.2.10 NMAC, 9/26/2023]
16.30.2.11 COMMITTEES: In
addition to committees listed herein, the board may vote to establish
subcommittees as it deems necessary.
A. Rules
and regulations committee whose responsibilities shall include:
(1) proposed statutory changes;
(2) proposed amendments or repeals or changes to board rules;
(3) review and draft responses, if appropriate, to complaints
to the board; and
(4) review investigations of violations of the statute and regulations
pertaining to the practice of architecture and refer complaints to the board
with its recommendation for subsequent action.
B. Examination
and reciprocity committee whose responsibility shall include:
(1) review of applicants for registration to determine if they
meet the requirements of Section 61-15-6 NMSA and recommending board action in
accordance with the Uniform Licensing Act;
(2) reviewing and recommending board action on applications
for reciprocity; and
(3) all matters pertaining to examination.
C. Finance
and operations committee whose responsibilities shall include:
(1) reviewing the budget, assisting the secretary/treasurer and
board staff in preparing a draft budget annually and making budget
recommendations to the board;
(2) reviewing the expenditures of the agency and assisting the
secretary/treasurer in making regular reports and recommendations to the board
regarding expenditures;
(3) reviewing office operations with the director to determine
staffing requirements and recommend personnel actions to the board; and
(4) reviewing with the director office operations to assure
efficiency, economy and security in all board affairs.
D. Committee
for planning and development whose responsibilities shall include:
(1) developing short and long-term goals for board
consideration and approval;
(2) examining ways and methods for improving board services
and functions; and
(3) monitoring the impact of architectural regulation and
examining ways in which to increase its effectiveness.
E. Joint
practice committee whose responsibilities shall include:
(1) attending joint practice committee meetings; and
(2) reporting to the board matters discussed at the joint
practice committee meetings.
[16.30.2.11 NMAC - Rp,
16.30.2.11 NMAC, 9/26/2023]
16.30.2.12 [RESERVED]
[16.30.2.12 NMAC - Rp,
16.30.2.12 NMAC, 9/26/2023]
16.30.2.13 BOARD RESPONSIBILITIES:
A. The board is responsible for
providing oversight for all board functions.
B. The board shall appoint the
director.
C. Publications:
(1) Roster: A roster showing the number and addresses of all
registered architects shall be prepared by the board and made available or sold
to the public in accordance with the Architectural Act, Subsection E of Section
61-15-5 NMSA 1978.
(2) Annual report: The
chair shall submit an annual report to the governor and shall make that report
available to all registrants and the public, through the board office, pursuant
to Section 61-15-5 NMSA 1978.
(3) Architectural Act, rules and regulations: The board shall
maintain current editions of the act that will be published as often as the
board deems necessary. These shall be
made available to all architects registered in the state of New Mexico and to
all applicants applying for registration.
In addition, notice shall be made to all registered architects when
changes occur in the statutes or rules and regulation.
D. Upon the recommendation of the
architectural education board member, the board may appoint a student observer
to a one-year term to observe board meetings and act as a liaison to the
student observer’s college of architecture and other educational institutions. The student observer must be a full-time
student in good standing who is studying architecture at an accredited college
of architecture in New Mexico.
[16.30.2.13 NMAC - Rp,
16.30.2.13 NMAC, 9/26/2023]
HISTORY OF 16.30.2 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
BEA 68-1, Architectural Law and Rules and Regulations,
7/1/1968.
BEA 69-1, Architectural Law and Rules and Regulations,
6/17/1969.
BEA 70-1, Architectural Law and Rules and Regulations,
7/28/1970.
BEA 74-1, Roster of Registered Architects Laws Rules
Regulations, 8/30/1974.
BEA 78-1, Board of Examiners for Architects,
9/19/1978.
NMBEA Rule 1, Organization, 6/23/1980.
NMBEA 85-1, Architectural Act Rules and Regulations,
2/7/1985.
NMBEA 86-1, Architectural Act Rules and Regulations,
4/9/1986.
NMBEA 88-1, State of New Mexico Board of Examiners for
Architects Rules and Regulations, 6/22/1988.
NMBEA 89-1, State of New Mexico Board of Examiners for
Architects Rules and Regulations, 11/28/1989.
Regulation No. NMBEA 90-1, State of New Mexico Board
of Examiners for Architects Rules and Regulations, 8/14/1990.
NMBEA Rule 2, Administration, 6/23/1980.
History of
Repealed Material:
16 NMAC 30.2, Organization
and Administration - Repealed, 9/6/2001.
History of 16.30.2 NMAC:
16.30.2 NMAC – Organization
and Administration, filed 9/6/2001, was repealed and replaced by 16.30.2 NMAC –
Organization and Administration, effective 9/26/2023.