New Mexico Elevator & Conveyance Licensing Law

New Mexico Code · 17 sections

The following is the full text of New Mexico’s elevator & conveyance licensing law statutes as published in the New Mexico Code. For the official version, see the New Mexico Legislature.

N.M. Stat. Ann. § 61-23-2

The legislature declares that it is a matter of public safety, interest and concern that the practices of engineering and surveying merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practices of engineering and surveying. In order to safeguard life, health and property and to promote the public welfare, any person in either public or private capacity practicing or offering to practice engineering or surveying shall be required to submit evidence that the person is qualified to so practice and shall be licensed as provided in the Engineering and Surveying Practice Act. It is unlawful for any person to practice, offer to practice, engage in the business, act in the capacity of, advertise or use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is a professional, licensed engineer or surveyor unless that person is licensed or exempt under the provisions of the Engineering and Surveying Practice Act. A person who engages in the business or acts in the capacity of an engineer or surveyor in New Mexico, except as otherwise provided in Sections 61-23-22 and 61-23-27.10 NMSA 1978, with or without a New Mexico license, has thereby submitted to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of any provision of Chapter 61, Article 23 NMSA 1978. The practice of engineering or surveying shall be deemed a privilege granted by the board based on the qualifications of the individual as evidenced by the licensee's certificate, which shall not be transferable.

History: Laws 1987, ch. 336, § 2; 1993, ch. 218, § 2; 1999, ch. 259, § 1; 2003, ch. 233, § 1; 2017, ch. 42, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-2 NMSA 1978, as amended by Laws 1947, ch. 110, § 3, relating to right of entry on public and private property, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, made technical revisions; replaced each occurrence of "he" or "his" with "the person" or "the person’s" throughout the section, and in the fourth sentence, after "capacity of", deleted "a professional engineer or professional" and added "an engineer or".

The 2003 amendment, effective June 20, 2003, substituted "engage in the business, act in the capacity of, advertise" for "in New Mexico" in the third sentence; and added the fourth sentence pertaining to professional engineers or surveyors.

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section, and substituted "by the board" for "by the state board of registration for professional engineers and surveyors" in the last sentence.

The 1993 amendment, effective July 1, 1993, substituted "professional, licensed or registered engineer" for "professional engineer, engineer, professional surveyor" and deleted "which shall be construed in accordance with this declaration of policy" at the end of the third sentence, and added the final sentence.

Broad interpretation of licensing act violated freedom of speech. — Where respondent, who was a hydrologist and a member of the board of directors of a conservancy district, investigated the use of demolition and construction waste as rip-rap in ditches and prepared and presented a report to the board of directors criticizing the conservancy district’s use of the rip-rap to prevent erosion; respondent used a civil engineering mathematical formula to compare the conveyance capacity of ditches that had rip-rap with ditches that had sandy bottoms and asserted that the rip-rap reduced conveyance capacity, led to flooding and bank erosion that could lead to failure; respondent criticized the district’s engineer who directed the use of the rip-rap; respondent reiterated multiple times that respondent was not an engineer and insisted that the district hire a registered engineer to review respondent’s report and to address the issue; and petitioner determined that respondent had practiced engineering without a license, because respondent had applied engineering principles, equations and concepts to investigate and evaluate the flow of water in the district’s ditches, the petitioner’s broad interpretation and application of Section 61-23-23 NMSA 1978 violated respondent’s right to freedom of speech. New Mexico Bd. of Licensure v. Turner, 2013-NMCA-067, 303 P.3d 875.

N.M. Stat. Ann. § 61-30-3

As used in the Real Estate Appraisers Act:

A. "appraisal" or "real estate appraisal" means an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in or aspects of identified real estate or real property, for or in expectation of compensation, and shall include the following:

(1) a valuation, analysis, opinion or conclusion prepared by a real estate appraiser that estimates the value of identified real estate or real property;

(2) an analysis or study of real estate or real property other than estimating value; and

(3) written or oral appraisals that are subject to appropriate review for compliance with the uniform standards of professional appraisal practice. The work file for an oral appraisal report shall be subject to appropriate review for compliance with the uniform standards of professional appraisal practice;

B. "appraisal assignment" means an engagement for which an appraiser is employed or retained to act or would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased appraisal;

C. "appraisal foundation" means the appraisal foundation incorporated as an Illinois not-for-profit corporation on November 30, 1987 and to which reference is made in the federal real estate appraisal reform amendments;

D. "appraisal management company" means any external third party that oversees a network or panel of certified or licensed appraisers to:

(1) recruit, select and retain appraisers;

(2) contract with appraisers to perform appraisal assignments;

(3) manage the process of having an appraisal performed; or

(4) review and verify the work of appraisers;

E. "appraisal report" means any communication, written or oral, of an appraisal regardless of title or designation and all other reports communicating an appraisal;

F. "appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work;

G. "appraisal subcommittee" means the entity within the federal financial institutions examination council that monitors the requirements established by the states for appraisers and appraisal management companies;

H. "board" means the real estate appraisers board;

I. "certified appraisal" or "certified appraisal report" means an appraisal or appraisal report given or signed and certified as such by a state certified real estate appraiser and shall include an indication of which type of certification is held and shall be deemed to represent to the public that it meets the appraisal standards defined in the Real Estate Appraisers Act;

J. "federal real estate appraisal reform amendments" means the Federal Financial Institutions Examination Council Act of 1978, as amended by Title 11, Real Estate Appraisal Reform Amendments;

K. "general certificate" or "general certification" means a certificate or certification for appraisals of all types of real estate issued pursuant to the provisions of the Real Estate Appraisers Act and the federal real estate appraisal reform amendments;

L. "real estate" or "real property" means a leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests that by custom, usage or law pass with a conveyance of land, though not described in a contract of sale or instrument of conveyance, and includes parcels with or without upper and lower boundaries and spaces that may be filled with air;

M. "real estate appraiser" means any person who engages in real estate appraisal activity in expectation of compensation;

N. "real estate appraiser trainee" means a registered real estate appraiser who meets or exceeds the minimum qualification requirements of the appraiser qualifications board of the appraisal foundation for real estate appraisal trainees and as defined by board rule and who are subject to direct supervision by a supervisory appraiser;

O. "residential certificate" or "residential certification" means a certificate or certification, limited to appraisals of residential real estate or residential real property without regard to the complexity of the transaction, issued pursuant to the provisions of the Real Estate Appraisers Act and as provided under the terms of the federal real estate appraisal reform amendments;

P. "residential real estate" or "residential real property" means real estate designed and suited or intended for use and occupancy by one to four families, including use and occupancy of manufactured housing;

Q. "specialized services" means those services that do not fall within the definition of an appraisal assignment and may include specialized financing or market analyses and feasibility studies that may incorporate estimates of value or analyses, opinions or conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling and real estate tax counseling; provided that the person rendering such services would not be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased appraisal or real estate appraisal, regardless of the intention of the client and that person;

R. "state certified appraisal" means any appraisal that is identified as a state certified appraisal report or is in any way described as being prepared by a state certified real estate appraiser;

S. "state certified real estate appraiser" means a person who has satisfied the requirements for state licensing in New Mexico pursuant to the minimum criteria established by the appraiser qualifications board of the appraisal foundation for licensing of real estate appraisers;

T. "state licensed residential real estate appraiser" means a person who has satisfied the requirements for state licensing in New Mexico pursuant to the minimum criteria established by the appraiser qualifications board of the appraisal foundation and the New Mexico real estate appraisers board for licensing of real estate appraisers;

U. "supervisory appraiser" means a state certified real estate appraiser responsible for the direct supervision of real estate appraiser trainees who have satisfied the requirements for supervisory appraiser pursuant to the minimum criteria established by the appraiser qualifications board of the appraisal foundation; and

V. "uniform standards of professional appraisal practice" means the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation and adopted by rule pursuant to the Real Estate Appraisers Act.

History: Laws 1990, ch. 75, § 3; 1992, ch. 54, § 2; 1993, ch. 269, § 1; 2003, ch. 328, § 1; 2014, ch. 33, § 1.

ANNOTATIONS

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

Cross references. — For the federal Real Estate Appraisal Reform Amendments, see 12 U.S.C. §§ 3331 through 3352.

The 2014 amendment, effective May 21, 2014, added definitions to provide for compliance with federal law, appraisal management companies, trainees, an appraisal subcommittee, and uniform standards of professional appraisal practice; in Subsection A, added Paragraph (2); added Subsections D, F and G; added Subsection N; in Subsection S, after "means a person who", deleted "holds a current, valid general certificate or a current, valid residential certificate issued pursuant to the provisions of the Real Estate Appraisers Act" and added the remainder of the sentence; in Subsection T, after "state licensed", added "residential" and after "means a person who", deleted "holds a current, valid license issued pursuant to the provisions of the Real Estate Appraisers Act; and" and added the reminder of the sentence; deleted former Subsection Q, which defined "state apprentice real estate appraiser"; and added Subsections U and V.

The 2003 amendment, effective July 1, 2003, deleted "or real estate appraisal" following "rendering an unbiased appraisal" at the end of Subsection B; deleted "or real estate appraisal" following "of an appraisal" near the middle of Subsection D; in Subsection G deleted "12 U.S.C. 3301, et seq.," following "Examination Council Act of 1978," near the middle, and deleted ", 12 U.S.C. 3331 through 3351" at the end; and substituted "apprentice" for "registered" following "state" near the beginning of Subsection Q.

The 1993 amendment, effective June 18, 1993, deleted former Subsection G, which defined "commission", redesignating the remaining subsections accordingly; and deleted "limited to appraisals of residential real estate involving non-complex transactions of a transaction value of less than one million dollars ($1,000,000) and complex transactions of a transaction value of less than two hundred fifty thousand dollars ($250,000) as provided under the terms of the federal Real Estate Appraisal Reform Amendments, which license is" after "valid license" in Subsection P.

The 1992 amendment, effective May 20, 1992, inserted "without regard to the complexity of the transaction" in Subsection L; added the limitation language in Subsection Q; added Subsection R; and made stylistic changes.

N.M. Stat. Ann. § 61-33-2

As used in the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]:

A. "certified operator" means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities;

B. "commission" means the water quality control commission;

C. "department" means the department of environment;

D. "domestic liquid waste" means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;

E. "domestic liquid waste treatment unit" means any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;

F. "operate" means performing any activity, function, process control decision or system integrity decision regarding water quality or water quantity that has the potential to affect the proper functioning of a public water supply system or public wastewater facility or to affect human health, public welfare or the environment;

G. "person" means any agency, department or instrumentality of the United States and any of its officers, agents or employees, the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation;

H. "public wastewater facility" means a system of structures, equipment and processes designed to collect and treat domestic and industrial waste and dispose of the effluent, but does not include:

(1) any domestic liquid waste treatment unit; or

(2) any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency under the requirements of the federal Clean Water Act of 1977; and

I. "public water supply system" means:

(1) a system for the provision through pipes or other constructed conveyances to the public of water for human consumption or domestic purposes if the system:

(a) has at least fifteen service connections; or

(b) regularly serves an average of at least twenty-five individuals at least sixty days of the year; and

(2) includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system.

History: 1978 Comp., § 61-33-2, enacted by Laws 1992, ch. 44, § 2; 2001, ch. 181, § 1; 2005, ch. 285, § 1.

ANNOTATIONS

Cross references. — For the federal Clean Water Act of 1977, see 33 U.S.C.S. § 1251 et seq.

Repeals and reenactments. — Laws 1992, ch. 44, § 2 repealed former 61-33-2 NMSA 1978, as amended by Laws 1977, ch. 253, § 67, and enacted a new section, effective March 6, 1992.

The 2005 amendment, effective July 1, 2005, changes "commission" to "department", "water supply systems" to "public water supply systems" and "wastewater facilities" to "public wastewater facilities" in Subsection A; deletes the former definition of "certified supervisor" as a person certified by the commission to operate water supply systems or wastewater facilities and who performs on-site coordinations, direction and inspection of the operations of public wastewater or public water supply facilities; deletes former provision of Subsection B which included the department in the definition of the "commission" when the department acted under the Utility Operators Certification Act; defines "domestic liquid waste treatment unit" in Subsection E to include any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978; deletes aerobic treatment units as being included in a "domestic liquid waste treatment unit" in Subsection E; and adds Subsection F to define "operate".

The 2001 amendment, effective June 15, 2001, in Paragraph I(1) inserted "through pipes or other constructed conveyances" and deleted "piped" preceding "water".

N.M. Stat. Ann. § 61-38-10

History: Laws 2023, ch. 197, § 10; recompiled as § 60-13B-10 NMSA 1978.

ANNOTATIONS

Compiler's notes. — Laws 2023, ch. 197, §§ 1 through 15, the Elevator Safety Act, effective July 1, 2025, were formerly compiled as 61-38-1 through 61-38-15 NMSA 1978, and have been recompiled as 60-13B-1 through 60-13B-15 NMSA 1978 by the compiler.

N.M. Stat. Ann. § 61-38-11

History: Laws 2023, ch. 197, § 11; recompiled as § 60-13B-11 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-12

History: Laws 2023, ch. 197, § 12; recompiled as § 60-13B-12 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-13

History: Laws 2023, ch. 197, § 13; recompiled as § 60-13B-13 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-14

History: Laws 2023, ch. 197, § 14; recompiled as § 60-13B-14 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-15

History: Laws 2023, ch. 197, § 15; recompiled as § 60-13B-15 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-2

History: Laws 2023, ch. 197, § 2; recompiled as § 60-13B-2 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-3

History: Laws 2023, ch. 197, § 3; recompiled as § 60-13B-3 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-4

History: Laws 2023, ch. 197, § 4; recompiled as § 60-13B-4 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-5

History: Laws 2023, ch. 197, § 5; recompiled as § 60-13B-5 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-6

History: Laws 2023, ch. 197, § 6; recompiled as § 60-13B-6 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-7

History: Laws 2023, ch. 197, § 7; recompiled as § 60-13B-7 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-8

History: Laws 2023, ch. 197, § 8; recompiled as § 60-13B-8 NMSA 1978.

ANNOTATIONS

N.M. Stat. Ann. § 61-38-9

History: Laws 2023, ch. 197, § 9; recompiled as § 60-13B-9 NMSA 1978.

ANNOTATIONS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)