2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-6 - Requirements for registration. (Repealed effective July 1, 2024.)
A. To be eligible for registration, a person shall be of good character and repute.
B. An applicant for registration shall submit evidence satisfactory to the board that the applicant is fully qualified to practice architecture in New Mexico.
C. All applicants for registration shall be required to pass any examinations required by the board.
D. All applicants for registration shall be required to complete all forms and affidavits required by the board.
E. An applicant for registration by examination shall have:
(1) a professional degree from an architectural program accredited by the national architectural accreditation board or its equivalent as prescribed by rule;
(2) certified completion of the architectural experience program of the national council of architectural registration boards; and
(3) passed all divisions of the architectural registration examination.
F. A person registered as an architect in another jurisdiction who has been certified by the national council of architectural registration boards may apply for registration without an examination by presenting for review by the board:
(1) a certificate of good standing issued by the national council of architectural registration boards or its equivalent as prescribed by rule;
(2) evidence satisfactory to the board of qualification in comprehensive design as prescribed by rule of the board; and
(3) evidence satisfactory to the board of meeting all of the requirements prescribed by rule of the board.
G. A person registered as an architect in another jurisdiction who has held the registration in a position of responsibility for a period of time as prescribed by the rule of the board and who does not have a certificate issued by the national council of architectural registration boards may apply for registration by presenting evidence of broad experience as an architect, as required by rule of the board, of academic training and work experience directly related to architecture, including evidence satisfactory to the board of qualification in comprehensive design.
H. No sole proprietorship, partnership, corporation, association or other business entity shall be registered under the Architectural Act. No sole proprietorship, partnership, corporation, association or other business entity shall practice or offer to practice architecture in the state except as provided in Subsections I, J and K of this section.
I. Registered architects may practice under the Architectural Act as individuals or through partnerships, associations, corporations or other business entities.
J. In the case of practice through a business entity primarily offering architectural services, at least one of the owners shall be a registered architect under the Architectural Act, and registered architects shall control a majority interest in the business entity. All plans, designs, drawings, specifications or reports issued by or for the business entity for a project physically located within New Mexico shall bear the seal of a registered architect who shall be responsible for such work.
K. In the case of practice through a business entity primarily offering engineering services, registrants under the Architectural Act or licensees under the Engineering and Surveying Practice Act [Chapter 61, Article 23 NMSA 1978] may offer architectural services; provided that:
(1) an architect registered in New Mexico is in responsible charge of the architectural services of the business entity and has the authority to bind the entity by contract;
(2) the architect in responsible charge provides the board with an affidavit documenting the architect's authority;
(3) all plans, designs, drawings, specifications or reports that are involved in the practice and issued by or for the business shall bear the seal and signature of the architect in responsible charge of the work when issued; and
(4) the architect shall notify the board of a termination of the architect's authority.
L. A business entity that offers project delivery through a teaming of architectural and construction services may render architectural services only with an architect in responsible charge who is registered in New Mexico. This provision does not apply to business entities providing services that are exempted by Section 61-15-9 NMSA 1978.
History: Laws 1931, ch. 155, § 5; 1939, ch. 82, § 5; 1941 Comp., § 51-1405; 1953 Comp., § 67-12-5; Laws 1979, ch. 362, § 5; 1987, ch. 282, § 7; 1999, ch. 263, § 4; 2017, ch. 107, § 3.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.
Cross references. — For registration fee, see 61-15-4E NMSA 1978.
For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
For the incorporation of architects as a professional corporation, see 53-6-1 NMSA 1978 et seq.
The 2017 amendment, effective June 16, 2017, revised the requirements for applicants to receive a certificate of registration as an architect, including completion of the architectural experience program of the national council of architectural registration boards, submission of evidence satisfactory to the board of examiners for architects of the applicant's qualification in comprehensive design, and in the case of practice through a business entity, required that registered architects control a majority interest in the business entity, and provided rules for business entities primarily offering engineering services and for business entities offering project delivery through a teaming of architectural and construction services; in Subsection E, Paragraph E(2), after "completion of the", deleted "intern training" and added "architectural experience"; in Subsection F, in the introductory clause, after "presenting", added "for review by the board", in Paragraph F(2), after "qualification in", added "comprehensive", after "design", deleted "for seismic forces" and added "as prescribed by rule of the board; and", and added Paragraph F(3); in Subsection G, after "responsibility for", deleted "at least five years" and added "a period of time as prescribed by the board", and after "related to architecture", added "including evidence satisfactory to the board of qualification in comprehensive design"; in Subsection J, after "through a", deleted "partnership" and added "business entity primarily", after "one of the", deleted "partners" and added "owners", after "Architectural Act, and", added "registered architects shall control a majority interest in the business entity", and after "issued by or for the", deleted "partnership" and added "business entity for a project physically located within New Mexico"; in Subsection K, in the introductory clause, after "business entity", deleted the former language, which related to registered architects being in responsible charge of the activities of the business entity, and added the current language, and added Paragraphs K(1) through K(4); and added Subsection L.
The 1999 amendment, effective June 18, 1999, rewrote Subsection B, which formerly read "An applicant for registration shall have been actively engaged for eight years or more in architectural work of a character satisfactory to the board. However, each year of teaching or study of architecture satisfactorily completed in a school of architecture of a standing satisfactory to the board shall be equivalent to one year of professional experience. In addition, effective January 1, 1990, an applicant for examination for registration must have a professional degree from an accredited architectural program in order to be eligible for the examination for registration"; substituted "any examinations required" for "a written examination and may be required to pass an oral examination as required" in Subsection C; deleted former Subsection D, which read "In determining the qualifications of applicants for registration as architects, a majority vote of the members of the board shall be required"; added Subsections D to G, and redesignated the subsequent subsections accordingly; inserted "or other business entity" twice in Subsection H; inserted "or other business entities" in Subsection I; inserted "offering architectural services" in Subsection J; and in Subsection K, substituted "business entity" for "association or corporation" throughout the subsection, substituted "is an employee of the business entity with the authority to bind the entity by contract" for "has the authority to bind the association or corporation by contract" in the first sentence, substituted "responsible charge" for "direct supervision" in the next-to-last sentence, and added the last sentence.
The 1987 amendment, effective June 19, 1987, divided the former Subsection A into the present Subsections A and B and relettered the subsequent subsections; in Subsection B substituted "professional experience" for "such active engagement" at the end of the second sentence and added the third sentence; in Subsection D deleted the former last sentence which read "In case the board denies the issuance of a certificate to an applicant, one-half of the registration fee deposited shall be returned by the board to the applicant"; in Subsection E substituted "sole proprietorship" for "firm" where it appears in the first and second sentences, deleted "joint stock" preceding "association" both places that word appears and substituted "F, G and H" for "E, F and G"; in Subsection F substituted "individuals or through partnerships" for "individual partners or through joint stock"; in Subsection H deleted "joint stock" preceding "association" in five places, and substituted "direct supervision of" for "responsible charge of and directly responsible for" at the end; and made minor language changes throughout the section.
United States citizenship is not required to be an architect licensed to practice in New Mexico. 1942 Op. Att'y Gen. No. 42-4177.
Applicant entitled to 50% refund upon examination failure. — Because failure to pass the examinations required by the board is a statutory basis for refusal of the registration certificate, the board must refund to the applicant 50% of the registration fee he deposited. 1966 Op. Att'y Gen. No. 66-79.
Full fee required with subsequent application. — A failure of all or a portion of the examination required by the board necessitates the denial of the issuance of a certificate of registration to an applicant, and the applicant must then pay the full application fee before he may again be considered by the board for issuance of a certificate of registration even though he might not be required to take all sections of the examination on his subsequent attempts. 1966 Op. Att'y Gen. No. 66-79 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Architects § 1 et seq.
Validity of license statute or ordinance which discriminates against nonresidents, 61 A.L.R. 337, 112 A.L.R. 63.
Practice of architecture by corporation, 56 A.L.R.2d 726.
Revocation or suspension of license to practice architecture, 58 A.L.R.3d 543.
Grant or denial of license to practice architecture, 2 A.L.R.4th 1103.
6 C.J.S. Architects §§ 7 to 15.
