2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 30 - Real Estate Appraisers
Section 61-30-15.1 - Criminal history background checks. (Repealed effective July 1, 2024.)

A. The board may adopt rules that provide for criminal history background checks for all registrants, certified licensees and licensees to include:

(1) requiring criminal history background checks of applicants for registration, certified licensure or licensure pursuant to the Real Estate Appraisers Act;

(2) requiring applicants for registration, or certified licensure or licensure to be fingerprinted only upon initial licensure or registration;

(3) providing for an applicant who has been denied registration or certified licensure or licensure to inspect or challenge the validity of the criminal history background check record;

(4) establishing a fingerprint and criminal history background check fee not to exceed fees as determined by the department of public safety to be paid by the applicant; and

(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history background check.

B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.

C. Electronic live fingerprint scans may be used when conducting criminal history background checks.

History: Laws 2014, ch. 33, § 20; 2019, ch. 209, § 8.

Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.

The 2019 amendment, effective July 1, 2020, provided that applicants for registration, or certified licensure or licensure shall be fingerprinted only upon initial licensure or registration, and clarified certain terms in the section; added "criminal history" or "history", preceding each occurrence of "background check" throughout the section; and in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure or registration".