2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-3 - Board of examiners for architects created; terms; qualifications. (Repealed effective July 1, 2024.)

Universal Citation: NM Stat § 61-15-3 (2021)

A. The "board of examiners for architects" is created consisting of seven members appointed by the governor for staggered terms of three years each. Six of the members shall be architects having ten years or more experience in the profession, five years of which shall have been in responsible charge of architectural projects, and shall have been registered as architects in New Mexico for at least five years. One of these six architects shall be in architectural education in an accredited college of architecture, and one of the six architects shall be from the public sector and not in private practice. The seventh member shall be a public member who is a voting member. The public member of the board shall not have been licensed as an architect, nor shall the public member have any significant financial interest, whether direct or indirect, in the occupation regulated.

B. Each member of the board shall be at least thirty years of age, a citizen of the United States and a resident of New Mexico for at least five years prior to the date of appointment.

C. Members of the board shall be appointed for staggered terms of three years each made in such a manner that the terms of not more than two members expire on June 30 of each year. Each member shall serve until a successor has been appointed and qualified. A vacancy shall be filled for the unexpired term by appointment by the governor of a person having similar qualifications as the member that the person replaces. Each member of the board whose term has not expired on the effective date of this section shall serve out the member's unexpired term.

D. Each member of the board shall receive a certificate of appointment from the governor and, before beginning the member's term of office, shall file with the secretary of state the constitutional oath of office. The governor may remove any member from the board for the neglect of any duty required by law, for incompetence or, if the member is a licensed architect, for any improper or unprofessional conduct as defined by rules of the board.

E. The board shall elect a chair, a vice chair and a secretary and any other officers it deems necessary.

History: 1978 Comp., § 61-15-3, enacted by Laws 1979, ch. 362, § 3; 1987, ch. 282, § 4; 2017, ch. 52, § 5.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.

Cross references. — For termination of board, see 61-15-13 NMSA 1978.

For the constitutional oath of office, see N.M. Const., art. XX, § 1.

Repeals and reenactments. — Laws 1979, ch. 362, § 3, repealed former 61-15-3 NMSA 1978, relating to the creation of a state board of examiners for architects, and enacted a new 61-15-3 NMSA 1978.

The 2017 amendment, effective June 16, 2017, required that one of the six architects on the board of examiners for architects be from the public sector, and made certain technical changes; in Subsection A, after the subsection designation, deleted "There is created a" and added "The", after "architects'", added "is created", and after "accredited college of architecture,", deleted "The seventh member shall be a public member who is a voting member. The public member of the board shall not have been licensed as an architect, nor shall the public member" and added "and one of the six architects shall be from the public sector and not in private practice. The seventh member shall be a public member who is a voting member. The public member of the board shall not have been licensed as an architect, nor shall the public member"; in Subsection D, after "as defined by", deleted "regulations" and added "rules"; and in Subsection E, replaced "chairman" with "chair" throughout the subsection.

Temporary provisions. — Laws 2017, ch. 52, § 21 provided that in carrying out the statutory requirement to replace professional members with public members on the board of examiners for architects and the private investigations advisory board, the governor shall appoint a public member to replace the applicable professional member whose term first expires after the effective date of this act. If a vacancy occurs in an applicable professional member position prior to the expiration of that term, the governor shall appoint a public member, and that position shall become a public member position.

The 1987 amendment, effective June 19, 1987, in the first sentence in Subsection A, substituted "seven members" for "five members", in the second sentence substituted "six" for "four" at the beginning and inserted "five years of which shall have been in responsible charge of architectural projects" following "experience in the profession", inserted the present fourth sentence, in the fifth sentence substituted "seventh" for "fifth" and inserted "who is a voting member" at the end; in Subsection C deleted from the end "terms, and a public member shall be appointed upon the occurrence of the first vacancy on the board"; added Subsection E; and made numerous minor changes in language and punctuation throughout the section.

"Effective date of this section". — The phrase "effective date of this section", referred to near the end of Subsection C, appears in Laws 1979, ch. 362, § 3 which was effective on June 16, 1979.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 C.J.S. Architects §§ 7, 9, 10.

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