N.M. Admin. Code § 16.30.3.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.30.3.8 - GENERAL QUALIFICATIONS

A. The examination and reciprocity committee shall make its recommendations to the board regarding the qualifications of applicants for registration. A majority vote of the board shall be required in determining those applicants qualified for registration.

B. The applicant shall be of good character and repute. Factors that the board may consider under this qualification are:

(1) misstatement or misrepresentation of fact by the applicant in connection with his or her application;

(2) violation of any of the standards of conduct required by registration holders and set forth in the statutes or rules and regulations; or

(3) practicing architecture without a valid and current registration in the jurisdiction in which the practice took place; or

(4) Convictions for any of the following felony offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the board:

(a) homicide or manslaughter;

(b) trafficking, or trafficking in controlled substances;

(c) kidnapping, false imprisonment, aggravated assault or aggravated battery;

(d) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, or other related felony sexual offenses;

(e) crimes involving adult abuse, neglect or financial exploitation;

(f) crimes involving child abuse or neglect;

(g) crimes involving robbery, larceny, extortion, burglary, bribery, fraud, forgery, embezzlement, credit card fraud, misuse of public funds, violation of the procurement code, offering or soliciting an illegal kickback, tampering with public records, perjury, identity theft, or receiving stolen property;

(h) human trafficking;

(i) driving under the influence or driving while intoxicated;

(j) using a forged architectural registration seal pursuant to Subsection A of Sections 61-15-10, et. seq. NMSA 1978; or

(k) an attempt, solicitation, or conspiracy involving any of the felonies in this subsection.

(5) The board shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.

(6) The board shall not deny, suspend or revoke a license on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.

(7) Nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual's conduct to the extent that such conduct violated the Architecture Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in Subsection A of this rule.

(8) In connection with an application for licensure, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

(a) an arrest not followed by a valid conviction;

(b) a conviction that has been sealed, dismissed, expunged or pardoned;

(c) a juvenile adjudication; or

(d) a conviction for any crime other than the disqualifying criminal convictions listed in Subsection A of this rule.

C. Rules and procedures set out herein for obtaining registration in New Mexico apply equally to residents of the state and non-residents.

D. An oral interview before the board may be required of any applicant for New Mexico registration.

E. All applicants must pass the New Mexico architectural jurisprudence exam administered by the board. Failure to answer all questions may result in a failing grade. An applicant who has failed two successive architectural jurisprudence exams shall not be eligible to apply for architectural registration for a period of one year from the date of the last jurisprudence exam failed.

F. All registration and application fees are non-refundable.

N.M. Admin. Code § 16.30.3.8

16.30.3.8 NMAC - Rp 16 NMAC 30.3.8, 9/6/2001; A, 9/15/2002, Amended by New Mexico Register, Volume XXVII, Issue 17, September 15, 2016, eff. 9/15/2016, Amended by New Mexico Register, Volume XXXII, Issue 01, January 11, 2022, eff. 1/11/2022, Adopted by New Mexico Register, Volume XXXIV, Issue 17, September 12, 2023, eff. 9/26/2023