2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 17A - Barbers and Cosmetologists
Section 61-17A-6 - Board created; membership. (Repealed effective July 1, 2026.)
A. The "board of barbers and cosmetologists" is created. The board is administratively attached to the regulation and licensing department. The board consists of seven members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appointment, the governor shall appoint members to abbreviated terms to allow staggering of subsequent appointments. Vacancies shall be filled in the manner of the original appointment.
B. Of the seven members of the board, five shall be licensed pursuant to the Barbers and Cosmetologists Act and shall have at least five years' practical experience in their respective occupations. Of those five, one member shall be a licensed barber, one member shall be a licensed hairstylist, two members shall be licensed cosmetologists and one member shall represent school owners. The remaining two members shall be public members. Neither the public members nor their spouses shall have ever been licensed pursuant to the provisions of the Barbers and Cosmetologists Act or similar prior legislation or have a financial interest in a school or establishment.
C. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
D. The board shall elect from among its members a chair and such other officers as it deems necessary. The board shall meet at the call of the chair, not less than four times each year. A majority of members currently serving shall constitute a quorum for the conduct of business.
E. No board member shall serve more than two full consecutive terms and any member who fails to attend, after proper notice, three meetings shall automatically be recommended for removal unless excused for reasons set forth by board rule.
History: Laws 1993, ch. 171, § 6; 1997, ch. 218, § 3; 2007, ch. 181, § 15; 2015, ch. 129, § 1; 2017, ch. 112, § 5.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-17A-25 NMSA 1978.
The 2017 amendment, effective June 16, 2017, revised the composition of the board of barbers and cosmetologists, requiring one member to be a licensed hairstylist and reducing the number of members who must be licensed barbers; in Subsection B, after "Of those five,", deleted "two members" and added "one member", after "shall be", added "a", and after the second occurrence of "licensed", deleted "barbers" and added "barber, one member shall be a licensed hairstylist".
The 2015 amendment, effective July 1, 2015, reduced the number of board members and changed the composition of the board of barbers and cosmetologists ; in Subsection A, in the first sentence, after "The board", deleted "shall be" and added "is", and in the third sentence, after "The board", deleted "shall consist" and added "consists", and after "of", deleted "nine" and added "seven"; in Subsection B, after "Of the", deleted "nine" and added "seven", after "represent school owners.", deleted "Two members shall be licensed body artists pursuant to the Body Art Safe Practices Act and shall have at least five years in practice in their occupation.", and after "Cosmetologists Act", deleted "the Body Art Safe Practices Act"; and in Subsection E, after "set forth by board", deleted "regulation" and added "rule".
Temporary provisions. — Laws 2015, ch. 129, § 10 provided:
A. On July 1, 2015:
(1) all personnel and all money, appropriations, records, furniture, equipment, supplies and other property that belonged or were allocated to the board of barbers and cosmetologists for use in connection with the implementation of the Body Art Safe Practices Act are transferred to the board of body art practitioners;
(2) all money that is in the barbers and cosmetologists fund that was paid into the fund pursuant to the Body Art Safe Practices Act or regulations promulgated pursuant to that act shall be transferred to the body art practitioners fund;
(3) all existing contracts, agreements and other obligations that relate to the Body Art Safe Practices Act or the board of barbers and cosmetologists work pursuant to that act shall be binding on the board of body art practitioners;
(4) all pending court cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the board of barbers and cosmetologists that relate solely to the implementation of the Body Art Safe Practices Act shall be unaffected and shall continue in the name of the board of body art practitioners. Pending legal or administrative proceedings described in this paragraph that relate to the board of barbers and cosmetologists and to the implementation of the Body Art Safe Practices Act shall be unaffected, but the board of body art practitioners shall be joined as a party;
(5) all rules, orders and other official acts of the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall continue in effect until amended, replaced or repealed by the board of body art practitioners; and
(6) references in the law, rules and orders to the board of barbers and cosmetologists in connection with the Body Art Safe Practices Act shall be deemed references to the board of body art practitioners.
B. Licenses that were issued before the effective date of this act by the board of barbers and cosmetologists pursuant to the Body Art Safe Practices Act shall remain in effect until the license expires or is renewed or reissued by the board of body art practitioners.
The 2007 amendment, effective June 15, 2007, provides that two members of the board shall be licensed body artists who shall have at least five years in practice in their occupation.
The 1997 amendment deleted "or certified" following "shall have ever been licensed" in the last sentence of Subsection B. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Removal without hearing. — Members of the former state board of barber examiners were policy-making persons, having no property interest in their positions; they were not statutorily, nor constitutionally, entitled to hearings before removal from their positions. State ex rel. Duran v. Anaya, 1985-NMSC-044, 102 N.M. 609, 698 P.2d 882 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 11 Am. Jur. 2d Barbers and Cosmetologists § 9.
