2006 New Mexico Statutes - Section 61-27A-10 — Operation of business; manager required — (Repealed effective July 1, 2012.)

61-27A-10. Operation of business; manager required. (Repealed effective July 1, 2012.)

A.     Each business providing private investigator or private patrol operator services in New Mexico shall be operated under the direction, control, charge or management of a licensee; provided that the business shall be under the direction, control, charge or management of a manager if the owner of the business does not qualify for a license under the Private Investigators and Polygraphers Act [Chapter 61, Article 27A NMSA 1978].   

B.     A licensee shall not conduct a business under a fictitious name until he has obtained the written authorization of the department. The department shall not authorize the use of a fictitious name that is so similar to the name of a public officer or agency or to the name used by another licensee that the public may be confused or misled by it.   

C.     A licensee shall at all times be legally responsible for the good business conduct of each of his employees, including his manager.   

D.     Each licensee shall maintain a record containing information relative to his employees as may be prescribed by the department, and the records may be subject to inspection.   

E.     Except as otherwise provided by the Private Investigators and Polygraphers Act, every employee of a licensee shall be registered by the licensee with the department within seven days of employment; provided, however, a licensee may hire temporary employees for periods of time not to exceed five days for special celebrations, parades or similar events without those employees being registered. The provisions of this subsection shall not be used to circumvent the registration of long-term employees.   

F.     A person registered under the Private Investigators and Polygraphers Act [Chapter 61, Article 27A NMSA 1978] shall notify the department in writing within thirty days of each change in his employment. If a person ceases to be employed by a licensee, the person shall notify the department in writing within thirty days and shall surrender his registration card to the department.   

G.     A manager duly licensed under the Private Investigators and Polygraphers Act need not register as an employee.   

H.     Employees of a licensee who are engaged exclusively in stenographic, typing, filing, clerical or other activities that do not constitute the work of a private investigator or private patrol officer are not required to register.   

I.     A person shall not act as a manager until he is licensed under the Private Investigators and Polygraphers Act [Chapter 61, Article 27A NMSA 1978]. If a manager ceases to be connected with a licensee, the licensee shall notify the department in writing within thirty days from the cessation. If the licensee fails to notify the department within the thirty-day period, his license shall be subject to suspension or revocation and may be reinstated only upon the filing of an application for reinstatement and payment of the reinstatement fee.