2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 28B - 1999 Public Accountancy Act
Section 61-28B-4 - Board created; terms; officers; meetings; reimbursement. (Repealed effective July 1, 2024.)
A. The "New Mexico public accountancy board" is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of seven members appointed by the governor who are citizens of the United States and residents of New Mexico. Four members of the board shall be certified public accountants or registered public accountants who have practiced for at least five calendar years immediately preceding their appointment to the board. Three members shall represent the public and shall not have ever held a certificate or permit to practice public accountancy in any state and shall not have ever had a significant financial interest, direct or indirect, in the public accountancy profession or in a firm. Public members shall have professional or practical experience in the use of accounting services and financial statements, so as to be qualified to make judgments about the qualifications and conduct of persons subject to the provisions of the 1999 Public Accountancy Act.
B. Members of the board shall serve for terms of three years or less, staggered in a manner that the terms of not more than three members expire on January 1 of each year; provided that members appointed and serving pursuant to prior law on the effective date of the 1999 Public Accountancy Act shall serve the remainder of their terms. A vacancy on the board shall be filled by appointment by the governor for the unexpired term. Upon the expiration of a member's term of office, he shall continue to serve until his successor has been appointed and qualified. A professional member of the board whose certificate is suspended or revoked shall automatically cease to be a member of the board. The governor may remove a member of the board for neglect of duty or other just cause.
C. The board shall elect annually from among its members a chairman and other officers as the board determines. The board shall meet at times and places as fixed by the board. A majority of the board constitutes a quorum.
D. Members of the board may receive per diem and travel expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
History: Laws 1999, ch. 179, § 4; 2003, ch. 408, § 28.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
Transfers and references. — Laws 1999, ch. 179, § 30, effective July 1, 1999, provides that on July 1, 1999, all personnel, money, appropriations, property, records and other things of value belonging to the New Mexico state board of public accountancy shall be transferred to the New Mexico public accountancy board. All contracts, including certificates and registrations, in effect for the New Mexico state board of public accountancy shall be binding on the New Mexico public accountancy board. All references in law to the New Mexico state board of public accountancy shall be construed as references to the New Mexico public accountancy board.
The 2003 amendment, effective July 1, 2003, substituted "The board shall be administratively attached to the regulation and licensing department. The board shall consist" for "consisting" following "is created" near the beginning of Subsection A.
Appointment to unexpired term. — Since plaintiff could serve on the accountancy board only for the remainder of the unexpired term to which she was appointed on January 24, 2002, as the appointing governor did not have authority to appoint plaintiff to a term beyond December 31, 2002, the succeeding governor had authority to appoint plaintiff's successor. Roberts v. Richardson, 2005-NMSC-007, 137 N.M. 226, 109 P.3d 765.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Accountants § 9.
