2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-7 - Requirements for licensure. (Repealed effective July 1, 2024.)

A. The department shall issue a license as a private investigator to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant has met all requirements set forth by the department in rule, including that the applicant:

(1) is at least twenty-one years of age;

(2) is of good moral character;

(3) has successfully passed an examination as required by department rule;

(4) has not been convicted of a felony offense, an offense involving dishonesty or an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards as defined by the department; and

(5) has at least three years' experience that has been acquired within the five years preceding the filing of the application with the department of actual work performed in:

(a) investigation for the purpose of obtaining information with reference to a crime or wrongs done or threatened against the United States;

(b) investigation of persons;

(c) the location, disposition or recovery of lost or stolen property;

(d) the cause or responsibility for fire, losses, motor vehicle or other accidents or damage or injury to persons or property; or

(e) securing evidence to be used before a court, administrative tribunal, board or investigating committee or for a law enforcement officer.

B. Years of qualifying experience and the precise nature of that experience shall be substantiated by written certification from employers and shall be subject to independent verification by the department as it deems warranted. The burden of proving necessary experience is on the applicant.

History: Laws 1993, ch. 212, § 6; 1999, ch. 272, § 33; § 61-27A-6 recompiled as § 61-27B-7; Laws 2007, ch. 115, § 7.

Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.

Recompilations. — For recompilation of this section, see compiler's note following 61-27B-1 NMSA 1978.

The 2007 amendment, effective July 1, 2007, amends the requirement for licensure as a private investigator, requires applicants to meet all department requirements; requires that applicants be twenty-one years of age; and requires that applicants not have been convicted of an offense involving dishonesty, intentional violence, or illegal possession of a deadly weapon and have not been found to have violated professional ethical standards as defined by the department.

Engineer investigating speed of cars in accident is exempt. — Testimony by expert witness, a registered professional engineer, whether "as an engineer" or as a traffic expert concerning the accident and arriving at his own opinion as to the speed of the defendant's car was not controlled by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978) and therefore his testimony was not barred by the fact that he was not a licensed private investigator. Dahl v. Turner, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860 (decided under former law) (now see Rule 11-702 NMRA).

Full-time public school guards exempt. — A full-time security and patrol force to guard the Albuquerque public school system which is under the supervision and guidance of school authorities is exempt from the provisions of the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1970 Op. Att'y Gen. No. 70-87 (rendered under former law).

Part-time off-duty police officer checking identification not exempt. — An off-duty police officer or county sheriff's deputy cannot work part time checking identification cards at a liquor establishment (and being compensated by the liquor establishment) without being licensed by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1974 Op. Att'y Gen. No. 74-15 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 27.

Regulation of private detectives, private investigators, and security agencies, 86 A.L.R.3d 691.

53 C.J.S. Licenses §§ 26, 27.