2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 28B - 1999 Public Accountancy Act
Section 61-28B-9 - Issuance and renewal of certificate; maintenance of competency; nonresident maintenance of competency requirements. (Repealed effective July 1, 2024.)
A. The board shall grant or renew a certificate upon application and demonstration that the applicant's qualifications are in accordance with the 1999 Public Accountancy Act or that they are eligible under the substantial equivalency standard provided in that act.
B. The board may establish by rule for the issuance of annual certificates and may prescribe the expiration date of certificates. Failure to pay the renewal fee shall be cause for the board to withhold renewal of a certificate without prior hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. If the renewal fee and delinquency fee are not paid within ninety days after the expiration date of the license, the certificate shall be subject to cancellation. A certificate holder whose certificate has been canceled for failure to pay the annual renewal fee may secure reinstatement of the certificate only upon application and payment of the renewal fee and reinstatement fee and upon approval by the board.
C. The board shall grant or deny an application for certification no later than one hundred twenty days after the complete application is filed.
D. If an applicant appeals the decision of the board to deny a certificate, the board may issue a provisional certificate for no longer than ninety days while the board reconsiders its decision.
E. To renew a certificate, a certificate holder shall provide satisfactory proof to the board of continuing professional education that is designed to maintain competency. Continuing professional education courses shall comply with board rules. The board may create an exception to the requirement to maintain continuing professional education for certificate holders who do not provide services to the public. A certificate holder granted such an exception must place the word "inactive" or "retired" adjacent to the certificate holder's certified public accountant title or registered public accountant title on a business card, letterhead or other document or device, except for a board-issued certificate.
F. A nonresident certificate holder seeking to renew a certificate shall be determined to have met the continuing professional education requirement in this state if the nonresident has met the continuing professional education requirement in the state where the nonresident's principal place of business is located; provided that:
(1) the nonresident signs a statement on the renewal application that the nonresident has met the continuing professional education requirement in the state where the nonresident's principal place of business is located; and
(2) the state where the nonresident's principal place of business is located requires continuing professional education.
G. An applicant for initial issuance or renewal of a certificate pursuant to this section shall list all foreign and domestic jurisdictions in which the applicant has applied for or holds a designation to practice public accountancy. The applicant shall also list any past denial, revocation or suspension of a certificate, license or permit. An applicant or certificate holder shall notify the board in writing, within thirty days of the occurrence of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.
History: Laws 1999, ch. 179, § 9; 2005, ch. 84, § 1; 2017, ch. 12, § 2.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
The 2017 amendment, effective June 16, 2017, allowed a nonresident accountant to meet continuing education requirements in New Mexico if the nonresident accountant meets the requirements in the state where the nonresident accountant's primary place of business is located; in the cathline, after "competency", added "nonresident maintenance of competency requirements"; in Subsection E, after "adjacent to", deleted "his" and added "the certificate holder's"; and added a new Subsection F, and redesignated former Subsection F as Subsection G.
The 2005 amendment, effective July 1, 2005, provides that failure to pay a renewal fee is cause for the non-renewal of a certificate without a prior hearing, that a certificate is subject to cancellation if the renewal fee and delinquency fee is not paid within ninety days after expiration of the license and that a certificate that has been cancelled for failure to pay the annual renewal fee may be reinstated only upon application and payment of the renewal fee and a reinstatement fee and upon approval by the board.
