TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62 REAL ESTATE APPRAISERS

PART 17 UNLICENSED PRACTICE/PENALTIES

16.62.17.1 ISSUING AGENCY: Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.17.1 NMAC - Rn, 16 NMAC 62.17.1, 09/13/2004; A, 01/01/2015]

16.62.17.2 SCOPE: All trainee real estate appraisers, licensed residential real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers, temporary licensed or certified real estate appraisers and members of the general public.

[3/15/00; 16.62.17.2 NMAC - Rn & A, 16 NMAC 62.17.2, 09/13/2004; A, 01/01/2015; A, 02/03/2019]

16.62.17.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Real Estate Appraisers Act, Section 61-30-1 to -24, NMSA 1978.

[3/15/00; 16.62.17.3 NMAC - Rn, 16 NMAC 62.17.3, 09/13/2004; A, 09/26/2023]

16.62.17.4 DURATION: Permanent.

[3/15/00; 16.62.17.4 NMAC - Rn, 16 NMAC 62.17.4, 09/13/2004]

16.62.17.5 EFFECTIVE DATE: March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.17.5 NMAC - Rn & A, 16 NMAC 62.17.5, 09/13/2004]

16.62.17.6 OBJECTIVE: This part provides for prosecution of unlicensed appraisal activity.

[3/15/00; 16.62.17.6 NMAC - Rn, 16 NMAC 62.17.6, 09/13/2004]

16.62.17.7 DEFINITIONS: [RESERVED]

16.62.17.8 PROHIBITION: Any person who violates the New Mexico Real Estate Appraisers Act is guilty of a misdemeanor and shall pay a fine of not more than $500 or be imprisoned for not more than six months.

[3/15/00; 16.62.17.8 NMAC - Rn, 16 NMAC 62.17.8, 09/13/2004; A, 02/03/2019]

16.62.17.9 HISTORY CONSIDERED: An applicant's appraiser history, including any unlicensed practice, shall be considered by the board in determining whether to grant or renew a license or certificate.

[3/15/00; 16.62.17.9 NMAC - Rn, 16 NMAC 62.17.9, 09/13/2004]

16.62.17.10 PROSECUTION: The attorney general or appropriate district attorney may, with the board's recommendation, prosecute or seek to enjoin the unlicensed activities.

[3/15/00; 16.62.17.10 NMAC - Rn, 16 NMAC 62.17.10, 09/13/2004]

HISTORY OF 16.62.17 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 15, Unlicensed Practice/Penalties, filed 11/29/90.

Rule 16, Unlicensed Practice/Penalties, filed 4/6/93.

History of Repealed Material: [RESERVED]

Other History:

Rule 16, Unlicensed Practice/Penalties (filed 4/6/93) was renumbered, reformatted and replaced by 16 NMAC 62.17, Unlicensed Practice/Penalties, effective 3/15/2000.

16 NMAC 62.17, Unlicensed Practice/Penalties (filed 2/28/00) was renumbered, reformatted, amended, and replaced by 16.62.17 NMAC, Unlicensed Practice/Penalties, effective 09/13/2004.