N.M. Code R. § 16.48.2.19

Current through Register Vol. 35, No. 7, April 9, 2024

Section 16.48.2.19 - LEVEL THREE SECURITY GUARD APPLICANT QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

A.Application requirements: Applicants for licensure as a level three security guard must meet the qualifications and requirements described in Section 61-27B-18 NMSA 1978, and submit a completed application, which includes:

(1) general application information as listed in Subsection C of 16.48.2.8 NMAC;

(2) license number of current registration in good standing as a level two security guard or certificate of completing department approved level one and level two security guard training;

(3) successfully pass a jurisprudence examination to be administered by the department;

(4) certificate of completing a department approved level three training program;

(5) certificate of completing a department approved weapon training program;

(6) psychological examination;

(7) biometric criminal history background check; and

(8) non-refundable registration fee as defined in 16.48.5 NMAC.

B.Level three training certification: 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. A sixteen-hour curriculum is the minimum training required, to include the laws pertaining to firearms and deadly physical force and must be completed within twelve months prior to application for security guard level three registration.

C.Level three weapons training certificate: An applicant for weapon endorsement must successfully complete training, as defined in Subsection E of 16.48.2.18 NMAC, for the specific weapon endorsement. The following endorsement for level two applicants for electronic non-lethal device training shall be done in accordance with manufacturer requirements for any device carried or utilized by the registrant.

D.Firearm certification: Pursuant to Section 61-27B-31, if applicant elects to be firearm certified, the applicant must provide the following:

(1) proof of successfully completing mandatory firearms training required by 16.48.4.8 NMAC, including a copy of applicant's firearms qualification score sheet and the registration number for the department approved instructor; and

(2) results of a psychological evaluation as set forth in Section 16.48.2.21 NMAC.

E.Psychological evaluation: Prior to certification as a level three security guard, each applicant must be evaluated by a licensed psychologist regarding the individual's mental suitability to carry a firearm within the individual's scope of duty as a licensed level three security guard. Any psychologist licensed and in good standing in the state of New Mexico or other United States jurisdiction, may administer the evaluation.

(1) All psychological evaluations shall be on a form provided by the department and must state if the applicant is recommended or not recommended to carry a firearm. If an applicant is not recommended to carry a firearm, the psychologist shall specify the reason(s) the applicant is not recommended to carry a firearm.

(2) Evaluations cannot be more than one year old for certification purposes.

(3) The original evaluation form must be signed and transmitted directly to the department within thirty days by the psychologist that performed the psychological evaluation

(4) An applicant knowingly providing false information or knowingly failing to disclose information shall be grounds for denial of licensure.

(5) Any applicant who fails the psychological evaluation shall not complete another psychological evaluation for at least ninety days from the date indicated on the original evaluation form signed and transmitted directly to the department by the psychologist that performed the psychological evaluation. If an applicant fails the evaluation, the department will make an electronic annotation in the candidate's file to ensure compliance with this rule.

(6) The psychological evaluation shall consist of at least one of the following psychological assessments to include the Minnesota multi-phasic inventory-2 restructured form, the Minnesota Multi-Phasic Inventory 2, or the Personality Assessment Inventory, as well as two additional measures of emotional functioning (Beck Depression Inventory-II, Beck Anxiety Inventory, PTSD Checklist-C).

F.Federal criminal history report: Pursuant to Section 61-27B-34, NMSA 1978, all applicants for licensure as a security guard level three must submit to a biometric federal criminal background check, as set forth in Subsection H of 16.48.2.8.

N.M. Code R. § 16.48.2.19

16.48.2.19 NMAC - Re-pr & A, 16.48.2.19 NMAC, 09/24/08; A, 11/28/09; A, 05/01/10, Amended by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 1/15/2015, Amended by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/15/2019, Amended by New Mexico Register, Volume XXXII, Issue 20, October 26, 2021, eff. 10/26/2021, Amended by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/18/2023