2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-12 - Disciplinary actions. (Repealed effective July 1, 2024.)
A. In accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may refuse to issue, may suspend or may revoke any certificate of registration as an architect, and the board may impose disciplinary conditions, including a letter of censure or reprimand, a civil penalty pursuant to Section 61-15-10 NMSA 1978, probation, peer review, remedial education and testing and other conditions as deemed necessary by the board to promote the public welfare, upon satisfactory proof being made to the board that the registrant has:
(1) engaged in any fraud or deceit in obtaining a certificate of registration;
(2) made a false statement under oath or a false affidavit to the board;
(3) engaged in gross negligence, incompetency or misconduct in the practice of architecture as set forth by rule;
(4) stamped with the registrant's official seal any plans, specifications, plats or reports in violation of the Architectural Act;
(5) practiced architecture without a valid and current registration in the jurisdiction in which the practice took place;
(6) made any representation as being an architect without having a valid and current certificate of registration as an architect in the jurisdiction in which the representation took place;
(7) violated any provisions of the Architectural Act or the rules adopted by the board;
(8) refused to accept or to respond to a certified mail communication from the board;
(9) failed to provide the board or its representatives in a timely manner all documentation or information in the registrant's possession or knowledge that has been requested by the board for the purposes of investigation of an alleged violation of the Architectural Act or the rules adopted by the board;
(10) procured, aided or abetted a violation of the Architectural Act or the rules adopted by the board;
(11) failed to comply with the minimum standards of the practice of architecture;
(12) habitually or excessively used intoxicants or controlled substances; or
(13) failed to report to the board any adverse actions taken against the registrant by another jurisdiction, any professional organization, any governmental or law enforcement agency or any court for an act or conduct that would constitute grounds for actions as provided by this section.
B. The board may deny access to examination, may refuse to issue, may suspend or may revoke any certificate of registration as an architect:
(1) for any applicant found to have violated any provision of the Architectural Act or the rules adopted by the board; or
(2) for any registrant or applicant who is convicted of a felony.
C. Disciplinary proceedings may be instituted by any person, shall be instituted by sworn complaint and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of the costs for the copy.
D. The board may modify any prior order of revocation, suspension or refusal to issue a certificate of registration of an architect, but only upon a finding by the board that there no longer exist any grounds for disciplinary action; provided, however, that any cessation of the practice of architecture for twelve months or more shall require the architect to undergo such additional examination as the board determines necessary.
E. Nothing in the Architectural Act shall be construed as requiring the board to report, for the institution of proceedings, minor violations of that act; provided that the board, after an informal hearing, determines that the public interest will be adequately served by a suitable written notice or warning or by the suspension of the offender's license or certificate of registration for a period not to exceed thirty days.
F. The applicant or registrant shall be liable for all costs of disciplinary proceedings unless exonerated and shall be liable for all costs associated with monitoring compliance with any disciplinary action.
History: 1978 Comp., § 61-15-12, enacted by Laws 1979, ch. 362, § 9; 1987, ch. 282, § 13; 1999, ch. 263, § 9; 2017, ch. 107, § 7.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.
The 2017 amendment, effective June 16, 2017, included the civil penalties provided for in Section 61-15-10 NMSA 1978 in the types of disciplinary action that the board of examiners for architects may impose for misconduct by registered architects; and in Subsection A, in the introductory clause, after "censure or reprimand", deleted "an administrative" and added "a civil", and after "penalty", added "pursuant to Section 61-15-10 NMSA 1978", and in Paragraph A(6), after the paragraph designation, deleted "represented himself to be" and added "made any representation as being".
The 1999 amendment, effective June 18, 1999, rewrote the section heading, which formerly read "Refusal, suspension or revocation of certificate of registration"; in Subsection A, in the introductory language, substituted the language beginning "and the board may impose disciplinary conditions" for "upon the grounds that the licensee or applicant is" in the introductory language, in Paragraph (1) substituted "engaged in" for "found guilty by the board of", added Paragraph (2), in Paragraph (3) substituted "engaged in" for "guilty of" and inserted "as set forth by rule", in Paragraph (4) substituted "stamped" for "guilty of stamping", in Paragraph (5) substituted "practiced" for "guilty of practicing" and "registration in the jurisdiction in which the practice took place" for "license", in Paragraph (6) substituted "represented" for "guilty of representing" and added "in the jurisdiction in which the representation took place" at the end, deleted former Paragraph (6) which read "guilty of dishonorable or unprofessional conduct as defined by regulation of the board; or", deleted former Paragraph (7) which read "convicted of a felony", and added Paragraphs (7) to (13); added Subsection B, redesignating subsequent subsections accordingly; deleted "license or" preceding "certificate of registration" in Subsection D; and added Subsection F.
The 1987 amendment, effective June 19, 1987, in Subsection A added Paragraph (7) and made minor changes in language.
