2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 23 - Engineering and Surveying
Section 61-23-27.9 - Surveying; practice of surveying; mandatory disclosure. (Repealed effective July 1, 2024.)
A. No business entity shall be licensed pursuant to the Engineering and Surveying Practice Act. No business entity shall practice or offer to practice surveying in the state except as provided in the Engineering and Surveying Practice Act.
B. Professional surveyors may engage in the practice of surveying and perform surveying work pursuant to the Engineering and Surveying Practice Act as individuals or through a business entity. In the case of an individual, the individual shall be a professional surveyor pursuant to the Engineering and Surveying Practice Act. All plats, drawings and reports that are involved in the practice, or that are issued by or for the practice, shall bear the seal and signature of a professional surveyor in responsible charge of and directly responsible for the work issued. In the case of practice through a business entity that is a partnership, at least one of the partners shall be a professional surveyor pursuant to the Engineering and Surveying Practice Act. In the case of a single professional surveyor partner, all drawings or reports issued by or for the partnership shall bear the seal of the professional surveyor partner who shall be responsible for the work. In the case of practice through a business entity other than a partnership, services or work involving the practice of surveying may be offered through the business entity; provided the person in responsible charge of the activities of the business entity that constitute the practice of surveying is a professional surveyor who has authority to bind the business entity by contract; and further provided that all drawings or reports that are involved in such practice, or that are issued by or for the business entity, bear the seal and signature of a professional surveyor in responsible charge of and directly responsible for the work when issued.
C. In the case of practice through a business entity offering or providing services or work involving the practice of surveying, an authorized company officer and the professional surveyor who is employed by the business entity and in responsible charge shall place on file with the board a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional surveyor or authorized company officer, the affidavit shall be promptly revised and resubmitted to the board.
D. An individual or business entity may not use or assume a name involving the terms "surveyor", "professional surveyor" or "surveying" or any modification or derivative of those terms unless that individual or business entity is qualified to practice surveying in accordance with the requirements of the Engineering and Surveying Practice Act.
E. For all contracts and agreements for professional surveying services, the surveying services contractor shall provide a written statement indicating:
(1) the minimum terms and conditions of professional liability insurance coverage, including limits and exceptions; or
(2) the absence of professional liability insurance coverage.
History: 1978 Comp., § 61-23-27.9, enacted by Laws 1993, ch. 218, § 30; 1999, ch. 259, § 25; 2005, ch. 69, § 13; 2017, ch. 42, § 14.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
The 2017 amendment, effective July 1, 2017, required, in the case of professional surveyors practicing through a business entity, an authorized company officer and its professional surveyor to place on file with the board a signed affidavit as prescribed by board rule; in Subsection A, after each occurrence of "No", deleted "firm, partnership, corporation or joint stock association" and added "business entity", and after "except as provided in", deleted "that" and added "the Engineering and Surveying Practice"; in Subsection B, after "the Engineering and Surveying Practice Act as individuals", deleted "partners", after "or through", deleted "joint stock associations or corporations" and added "a business entity", after "In the case of practice through a", added "business entity that is a", after "a professional surveyor pursuant to", deleted "that" and added "the Engineering and Surveying Practice", after "In the case of practice through a", deleted "joint stock association or corporation" and added "business entity other than a partnership", after "may be offered through the", deleted "joint stock association or corporation" and added "business entity", after "charge of the activities of the", deleted "joint stock association or corporation" and added "business entity", after "constitute the practice", added "of surveying", after "authority to bind", deleted "such joint stock association or corporation" and added "the business entity", after "involved in such practice, added "or that are", and after "issued by or for the", deleted "joint stock association or corporation" and added "business entity"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection D, after "An individual", deleted "firm, partnership, corporation or joint stock association" and added "or business entity", after "unless that individual", deleted "firm, partnership, corporation or joint stock association" and added "or business entity", and after "in accordance with the requirements", deleted "in this section" and added "of the Engineering and Surveying Practice Act".
The 2005 amendment, effective June 17, 2005, provides that in all contract or agreements for professional surveying services, the surveying services contractor shall provide a written statement indicating the minimum terms and conditions of professional liability insurance coverage or the absence of professional liability insurance coverage.
The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" in the first sentence of Subsection A, and made minor stylistic changes throughout the section.
