Senate Bill text for SB0245

SENATE BILL 245

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO REAL ESTATE OVERSIGHT; ENACTING THE REAL ESTATE BROKERS, APPRAISERS AND INTERIOR DESIGNERS ACT; CREATING THE REAL ESTATE BROKERS, APPRAISERS AND INTERIOR DESIGNERS BOARD; PROVIDING POWERS AND DUTIES; ABOLISHING THE REAL ESTATE APPRAISERS BOARD, THE NEW MEXICO REAL ESTATE COMMISSION AND THE INTERIOR DESIGN BOARD.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Real Estate Brokers, Appraisers and Interior Designers Act"."

Section 2. DEFINITIONS AND EXCEPTIONS.--

A. As used in the Real Estate Brokers, Appraisers and Interior Designers Act:

(1) "agency relationship" means the fiduciary relationship created solely by an express written agency agreement between a person and a brokerage, authorizing the brokerage to act as an agent for the person according to the scope of authority granted in that express written agreement for real estate services subject to the jurisdiction of the board;

(2) "agent" means the brokerage authorized, solely by means of an express written agreement, to act as a fiduciary for a person and to provide real estate services that are subject to the jurisdiction of the board; in the case of an associate broker, "agent" means the person who has been authorized to act by that associate broker's qualifying broker;

(3) "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 includes the following:

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

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

(4) "appraisal assignment" means an engagement for which a real estate 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;

(5) "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;

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

(7) "appraiser's license" means a qualifying appraiser's license issued by the board;

(8) "associate broker" means a person who, for compensation or other valuable consideration, is associated with or engaged under contract by a qualifying broker to participate in an activity described in Paragraph (10) of this subsection or to carry on the qualifying broker's business as a whole or partial vocation;

(9) "board" means the New Mexico real estate brokers, appraisers and interior designers board;

(10) "broker" or "qualifying broker" means a person who for compensation or other consideration from another:

(a) lists, sells or offers to sell real estate; buys or offers to buy real estate; or negotiates the purchase, sale or exchange of real estate or options on real estate;

(b) leases, rents or auctions or offers to lease, rent or auction real estate;

(c) advertises or makes representation as being engaged in the business of buying, selling, exchanging, renting, leasing, auctioning or dealing with options on real estate for others as a whole or partial vocation; or

(d) engages in the business of charging an advance fee or contracting for collection of a fee in connection with a contract under which the broker or qualifying broker undertakes primarily to promote the sale of real estate through its listing in a publication issued primarily for that purpose or for the purpose of referral of information concerning real estate to brokers, qualifying brokers or associate brokers;

(11) "brokerage" means a licensed qualifying broker and the licensed real estate business represented by the qualifying broker and its affiliated licensees;

(12) "brokerage relationship" means the legal or contractual relationship between a person and a brokerage in a real estate transaction subject to the jurisdiction of the board;

(13) "broker's license" means a qualifying broker's license or an associate broker's license issued by the board;

(14) "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 Brokers, Appraisers and Interior Designers Act; (15) "client" means a buyer, seller, landlord or tenant who has entered into an express written agreement with a brokerage for real estate services subject to the jurisdiction of the board;

(16) "customer" means a buyer, seller, landlord or tenant who uses real estate services without entering into an express written agreement with a brokerage subject to the jurisdiction of the board;

(17) "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;

(18) "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 Brokers, Appraisers and Interior Designers Act and the federal real estate appraisal reform amendments;

(19) "interior design" means services that do not necessarily require performance by an architect, such as administering contracts for fabrication, procurement or installation in the implementation of designs, drawings and specifications for any interior design project and consultations, studies, drawings and specifications in connection with reflected ceiling plans, space utilization, furnishings or the fabrication of nonstructural elements within and surrounding interior spaces of buildings, but specifically excluding mechanical and electrical systems, except for specifications of fixtures and their location within interior spaces;

(20) "licensed interior designer" or "licensed designer" means a person licensed by the board to perform interior design services;

(21) "real estate" or "real property" means land, improvements, leaseholds and other interests in real property that are less than a fee simple ownership interest, whether tangible or intangible; 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;

(22) "real estate appraiser" means any person who engages in real estate appraisal activity in expectation of compensation;

(23) "real estate salesperson" means a person who, for compensation or other valuable consideration, is associated with or engaged under contract by a broker to participate in an activity described in Paragraph (10) of this subsection or to carry on the broker's business as a whole or partial vocation;

(24) "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 Brokers, Appraisers and Interior Designers Act and as provided under the terms of the federal real estate appraisal reform amendments;

(25) "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;

(26) "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;

(27) "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;

(28) "state certified real estate appraiser" means a person who holds a current, valid general certificate or a current, valid residential certificate issued pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act;

(29) "state licensed real estate appraiser" means a person who holds a current, valid appraiser's license issued pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act;

(30) "state apprentice real estate appraiser" means a person who holds a current, valid registration issued pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act; and

(31) "transaction broker" means a qualifying broker, associate broker or brokerage that provides real estate services without entering into an agency relationship.

B. A single act of a person in performing or attempting to perform an activity described in Paragraph (10) of Subsection A of this section makes the person a qualifying broker. A single act of a person in performing or attempting to perform an activity described in Paragraph (8) of Subsection A of this section makes the person an associate broker.

C. The provisions of the Real Estate Brokers, Appraisers and Interior Designers Act do not apply to:

(1) a person who as owner or lessor performs any of the activities included in this section with reference to property owned or leased by the person, the employees of the owner or lessor or the employees of a qualifying broker acting on behalf of the owner or lessor, with respect to the property owned or leased, if the acts are performed in the regular course of or incident to the management of the property and the investments, except when the sale or offering for sale or the lease or offering for lease of the property constitutes a subdivision containing one hundred or more parcels;

(2) isolated or sporadic transactions not exceeding two transactions annually in which a person acts as attorney-in-fact under a duly executed power of attorney delivered by an owner authorizing the person to finally consummate and to perform under any contract the sale, leasing or exchange of real estate on behalf of the owner; and the owner or attorney-in-fact has not used a power of attorney for the purpose of evading the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act;

(3) transactions in which a person acts as attorney-in-fact under a duly executed power of attorney delivered by an owner related to the attorney-in-fact within the fourth degree of consanguinity or closer, authorizing the person to finally consummate and to perform under any contract for the sale, leasing or exchange of real estate on behalf of the owner;

(4) the services rendered by an attorney at law in the performance of the attorney's duties as an attorney at law;

(5) a person acting in the capacity of a receiver, trustee in bankruptcy, administrator or executor, a person selling real estate pursuant to an order of any court or a trustee acting under a trust agreement, deed of trust or will or the regular salaried employee of a trustee;

(6) the activities of a salaried employee of a governmental agency acting within the scope of employment; or

(7) persons who deal exclusively in mineral leases or the sale or purchase of mineral rights or royalties in any case in which the fee to the land or the surface rights are in no way involved in the transaction.

Section 3. BOARD CREATED--QUALIFICATIONS.--

A. The "real estate brokers, appraisers and interior designers board" is created in the executive branch.

B. The board consists of nine members and is administratively attached to the regulation and licensing department.

C. The board members shall be appointed by the governor. Members shall serve for a period of five years or until their successors are appointed and qualified. The governor may remove a member for cause. In the event of vacancies, the governor shall appoint members to complete unexpired terms. Members may be appointed for no more than two five-year terms.

D. Board members shall have been residents of New Mexico for three consecutive years immediately prior to their appointment.

E. The board members shall include two associate brokers or qualifying brokers licensed in New Mexico, two real estate appraisers licensed or certified in New Mexico, one person representing lenders or their assignees engaged in the business of lending funds secured by mortgages, two licensed interior designers and two members chosen to represent the public, which members shall not have been licensed or certified as a real estate broker, real estate appraiser or interior designer.

F. The board shall organize by electing a president, vice president and secretary from its members. A majority of the board constitutes a quorum and may exercise all powers and duties of the board.

G. The board shall meet at least once each calendar quarter at such time and place as may be designated by the board president, and special meetings may be held upon five days' written notice to each of the board members by the board president.

H. Each member of the board is entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 4. BOARD--POWERS AND DUTIES.--

A. The secretary of the board shall keep a record of its proceedings; a register of persons licensed as associate brokers and qualifying brokers, appraisers and interior designers, showing the name and place of business of each and the date and number of each person's license; and a record of all licenses issued, denied, suspended or revoked. This record shall be open to public inspection at all reasonable times.

B. The board shall possess all the powers and perform all the duties of the board prescribed by the Real Estate Brokers, Appraisers and Interior Designers Act and as otherwise provided by law, and the board is expressly vested with the power and authority to make and enforce rules to carry out the provisions of that act. Prior to a final action on a proposed change or amendment to the rules of the board, the board shall publish notice of the proposed action in its official publication, distribute the publication to each active licensee and give the time and place for a public hearing on the proposed changes. The hearing shall be held at least thirty days prior to a proposed final action. Changes or amendments to the rules shall be filed in accordance with the procedures of the State Rules Act and shall become effective thirty days after notification to all active licensees of the filing of the changes or amendments.

C. The board shall:

(1) establish educational programs and research projects related to the appraisal of real estate;

(2) establish the administrative procedures for processing applications and issuing registrations, licenses and certificates to persons who qualify to be state apprentice real estate appraisers, state licensed real estate appraisers or state certified real estate appraisers;

(3) receive, review and approve applications for state apprentice real estate appraisers, state licensed real estate appraisers and each category of state certified real estate appraisers and, for state licensed or state certified real estate appraisers, prepare or supervise the preparation of examination questions and answers and supervise grading of examinations and enter into contracts with one or more educational testing services or organizations for such examinations;

(4) define the extent and type of educational experience, appraisal experience and equivalent experience that will meet the requirements for registration, licensing and certification under the Real Estate Brokers, Appraisers and Interior Designers Act after considering generally recognized appraisal practices and set minimum requirements for education and experience;

(5) provide for continuing education programs for the renewal of registrations, appraiser's licenses and certifications that will meet the requirements provided in the Real Estate Brokers, Appraisers and Interior Designers Act and set minimum requirements;

(6) adopt standards to define the education programs that will meet the requirements of the Real Estate Brokers, Appraisers and Interior Designers Act and will encourage conducting programs at various locations throughout the state;

(7) adopt standards for the development and communication of real estate appraisals provided in the Real Estate Brokers, Appraisers and Interior Designers Act and adopt rules explaining and interpreting the standards after considering generally recognized appraisal practices;

(8) adopt a code of professional responsibility for state apprentice real estate appraisers, state licensed real estate appraisers and state certified real estate appraisers;

(9) comply with annual reporting requirements and other requirements set forth in the federal real estate appraisal reform amendments;

(10) maintain a registry of the names and addresses of the persons who hold current registrations, appraiser's licenses and certificates issued under the Real Estate Brokers, Appraisers and Interior Designers Act;

(11) establish procedures for disciplinary action in accordance with the Uniform Licensing Act against any applicant or holder of a registration, appraiser's license or certificate for violations of that act and any rules adopted pursuant to provisions of that act; and

(12) perform such other functions and duties as may be necessary to carry out the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act.

D. The board:

(1) shall administer, coordinate and enforce the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act. The board may investigate allegations of violations of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act;

(2) shall adopt rules to carry out the purposes and policies of the Real Estate Brokers, Appraisers and Interior Designers Act, including rules relating to professional conduct; standards of performance and professional examination and licensure; reasonable license, application, renewal and late fees; and the establishment of ethical standards of practice for licensed interior designers in New Mexico;

(3) shall require a licensed interior designer, as a condition of the renewal of the license, to undergo continuing education requirements as set forth in the Real Estate Brokers, Appraisers and Interior Designers Act;

(4) shall maintain an official roster showing the name, address and license number of each licensed interior designer pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act;

(5) shall conduct hearings and keep records and minutes necessary to carry out its functions;

(6) may adopt a common seal for use by licensed interior designers; and

(7) shall do all things reasonable and necessary to carry out the purposes of the Real Estate Brokers, Appraisers and Interior Designers Act.

Section 5. ADDITIONAL POWERS OF THE BOARD--CONTINUING EDUCATION PROGRAMS--MINIMUM REQUIREMENTS.--The board shall adopt rules providing for continuing education courses in selling, leasing or managing residential, commercial and industrial property as well as courses in basic real estate law and practice, and other courses prescribed by the board. The rules shall require that every licensee except licensees who are sixty-five years of age or older and who have a minimum of twenty years' continuously licensed experience in the selling, leasing or managing of real property, as a condition of the person's broker's license or appraiser's license renewal, shall successfully complete thirty classroom hours of instruction every three years in courses approved by the board. The rules may prescribe areas of specialty or expertise and may require that part of the classroom instruction be devoted to courses in the area of a licensee's specialty or expertise.

Section 6. ADDITIONAL POWERS OF THE BOARD--PROFESSIONAL LIABILITY INSURANCE--MINIMUM COVERAGE.--

A. In addition to the powers and duties granted to the board pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act, the board may adopt rules that require professional liability insurance coverage and may establish the minimum terms and conditions of coverage, including limits of coverage and permitted exceptions. If adopted by the board, the rules shall require every applicant for an active broker's license or appraiser's license and licensee who applies for renewal of an active broker's license or appraiser's license to provide the board with satisfactory evidence that the applicant or licensee has professional liability insurance coverage that meets the minimum terms and conditions required by board rule.

B. The board may solicit sealed, competitive proposals from insurance carriers to provide a group professional liability insurance policy that complies with the terms and conditions established by board rule. The board may approve one or more policies that comply with the board rules; provided that the maximum annual premium shall not exceed three hundred dollars ($300) for a licensee, that the minimum coverage shall not be less than one hundred thousand dollars ($100,000) for an individual claim and not less than a five- hundred-thousand-dollar ($500,000) aggregate limit per policy and that the deductible shall not be greater than one thousand dollars ($1,000).

C. Rules adopted by the board shall permit an active licensee to satisfy any requirement for professional liability insurance coverage by purchasing an individual policy.

D. Rules adopted by the board shall provide that there shall not be a requirement for a licensee to have professional liability insurance coverage during a period when a group policy, as provided in Subsection B of this section, is not in effect.

Section 7. ADDITIONAL POWERS OF THE BOARD--CRIMINAL BACKGROUND CHECKS.--The board may require broker's license or appraiser's license applicants, as a condition of licensure, to submit to criminal background checks.

Section 8. PROHIBITION.--

A. It is unlawful for a person to engage in the business of, act in the capacity of, advertise or display in any manner as or otherwise assume to engage in the business of, or act as, an associate broker or a qualifying broker within this state without a broker's license issued by the board. A person who engages in the business or acts in the capacity of an associate broker or a qualifying broker in this state, except as otherwise provided in the Real Estate Brokers, Appraisers and Interior Designers Act, with or without a New Mexico broker's 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 the Real Estate Brokers, Appraisers and Interior Designers Act.

B. It is unlawful for a person to engage in the business of, act in the capacity of, advertise or display in any manner as or otherwise assume to engage in the business of, or act as, a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser without an appraiser's license issued by the board. A person who engages in the business or acts in the capacity of a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser has submitted to the jurisdiction of the state and to the administrative jurisdiction of the board, notwithstanding any other provisions or statutes governing all professional and occupational licenses.

Section 9. MEETINGS OF THE BOARD.--The board shall meet at least once each calendar quarter at such time and place as may be designated by the board president, and special meetings may be held upon five days' written notice to each of the board members by the board president.

Section 10. REIMBURSEMENT AND EXPENSES.--Each member of the board is entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 11. REAL ESTATE BROKERS, APPRAISERS AND INTERIOR DESIGNERS FUND CREATED.--

A. The "real estate brokers, appraisers and interior designers fund" is created in the state treasury. The fund shall be invested by the state treasurer as other state funds are invested. Income earned from investment of the fund shall be credited to the real estate brokers, appraisers and interior designers fund. The fund shall not revert in any fiscal year.

B. The board shall deposit all money received by it from fees in accordance with the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act with the state treasurer, who shall keep that money in the real estate brokers, appraisers and interior designers fund, and money so deposited in that fund is appropriated to the board for the purpose of carrying out the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act and shall be paid out of the fund upon the vouchers of the secretary or the secretary's designee; provided that the total fees and charges collected and paid into the state treasury and any money so deposited shall be expended only for the purposes authorized by the Real Estate Brokers, Appraisers and Interior Designers Act.

C. All fees received by the board pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act and the Appraisal Management Company Registration Act shall be deposited with the state treasurer to the credit of the real estate brokers, appraisers and interior designers fund.

D. Money in the real estate brokers, appraisers and interior designers fund shall be used by the board to meet necessary expenses incurred in the enforcement of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act and the Appraisal Management Company Registration Act, in carrying out the duties imposed by the Real Estate Brokers, Appraisers and Interior Designers Act and the Appraisal Management Company Registration Act and for the promotion of education and standards for real estate brokers, appraisers and interior designers in this state.

Section 12. BROKER'S LICENSE FEES--DISPOSITION.--

A. The following fees shall be established and charged by the board and paid into the real estate brokers, appraisers and interior designers fund:

(1) for each examination, a fee not to exceed ninety-five dollars ($95.00);

(2) for each qualifying broker's license issued, a fee not to exceed two hundred seventy dollars ($270) and for each renewal thereof, a fee not to exceed two hundred seventy dollars ($270);

(3) for each associate broker's license issued, a fee not to exceed two hundred seventy dollars ($270) and for each renewal thereof, a fee not to exceed two hundred seventy dollars ($270);

(4) subject to the provisions of Paragraph (10) of this subsection, for each change of place of business or change of employer or contractual associate, a transfer fee not to exceed twenty dollars ($20.00);

(5) for each duplicate broker's license, where the license is lost or destroyed and affidavit is made thereof, a fee not to exceed twenty dollars ($20.00);

(6) for each broker's license history, a fee not to exceed twenty-five dollars ($25.00);

(7) for copying of documents by the board, a fee not to exceed one dollar ($1.00) per copy;

(8) for each broker's license law and rules booklet, a fee not to exceed ten dollars ($10.00) per booklet;

(9) for each hard copy or electronic list of licensed associate brokers and qualifying brokers, a fee not to exceed twenty dollars ($20.00);

(10) for each broker's license reissued for an associate broker because of change of address of the qualifying broker's office, death of the qualifying broker when a successor qualifying broker is replacing the decedent and the associate broker remains in the office or because of a change of name of the office or the entity of the qualifying broker, a fee in an amount not to exceed twenty dollars ($20.00) to be paid by the qualifying broker or successor qualifying broker as the case may be; but if there are eleven or more affected associate brokers in the qualifying broker's office, the total fee paid to effect reissuance of all of those broker's licenses shall not exceed two hundred dollars ($200);

(11) for each application to the board to become an approved sponsor of pre-licensing and continuing education courses, a fee not to exceed five hundred dollars ($500) and for each renewal thereof, a fee not to exceed five hundred dollars ($500);

(12) for each application to the board to become an approved instructor of pre-licensing and continuing education courses, a fee not to exceed seventy dollars ($70.00) per course; and

(13) for each application to the board to renew certification as a board-approved instructor, a fee not to exceed one hundred dollars ($100).

B. All fees set by the board shall be set by rule and only after all requirements have been met as prescribed by the Real Estate Brokers, Appraisers and Interior Designers Act. Any changes or amendments to the rules shall be filed in accordance with the State Rules Act.

Section 13. QUALIFICATIONS FOR BROKER'S LICENSE.--

A. Broker's licenses shall be granted only to persons who meet the requirements for licensure prescribed by law and are deemed by the board to be of good repute and competent to transact the business of a qualifying broker or an associate broker in a manner that safeguards the interests of the public.

B. An applicant for a qualifying broker's license or an associate broker's license shall be a legal resident of the United States and have reached the age of majority. Each applicant for a qualifying broker's license or an associate broker's license shall have passed the real estate examination approved by the board and shall:

(1) furnish the board with a certificate that the applicant has completed successfully ninety classroom hours of instruction in basic real estate courses approved by the board, thirty hours of which shall have been a broker basics course; or

(2) furnish the board with a certificate that the applicant is a duly licensed real estate broker in good standing in another state; provided that the applicant has successfully completed ninety classroom hours of instruction in basic real estate courses approved by the board, thirty hours of which shall have been a broker basics course.

C. An applicant for a qualifying broker's license shall have been actively engaged in the real estate business as an associate broker or real estate salesperson for at least two of the last five years immediately preceding application for a qualifying broker's license and furnish the board proof that the applicant has completed successfully one hundred twenty hours of pre-licensing courses, including a broker basics course, approved by the board.

D. The board shall require the information it deems necessary from every applicant to determine that applicant's honesty, trustworthiness and competency. Corporations, partnerships or associations may hold a qualifying broker's license issued in the name of the corporation, partnership or association; provided that at least one member of the partnership or association or one officer or employee of a corporation who actively engages in the real estate business first secures a qualifying broker's license. The broker's license shall be issued in the name of the corporation, partnership or association, naming the partner, associate, officer or employee as qualifying broker for the corporation, partnership or association.

Section 14. APPLICATION FOR BROKER'S LICENSE AND EXAMINATION.--

A. An application for a broker's license to act as a qualifying broker or associate broker shall be made in writing to the board and shall contain such data and information as may be required upon a form to be prescribed and furnished by the board. The application shall be accompanied by:

(1) the recommendation of two reputable citizens who own real estate in the county in which the applicant resides, which recommendation shall certify that the applicant is of good moral character, honest and trustworthy; and

(2) the triennial broker's license fee prescribed by the board.

B. In addition to proof of honesty, trustworthiness and good reputation, an applicant shall pass a written examination approved by the board. The examination shall be given at the times and places within the state as the board shall prescribe; however, the examination shall be given not fewer than two times during each calendar year. The examination shall include business ethics, writing, composition, arithmetic, elementary principles of land economics and appraisals, a general knowledge of the statutes of this state relating to deeds, mortgages, contracts of sale, agency and brokerage and the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act.

C. An applicant shall not engage in the real estate business until the applicant has passed the approved examination, until the applicant has complied with the other requirements of the Real Estate Brokers, Appraisers and Interior Designers Act and until a broker's license has been issued to the applicant.

D. Notice of passing or failing to pass the examination shall be given to an applicant not later than three weeks following the date of the examination.

E. The board may establish educational programs and procure qualified personnel, facilities and materials for the instruction of persons desiring to become qualifying brokers or associate brokers or desiring to improve their proficiency as qualifying brokers or associate brokers. The board may inspect and accredit educational programs and courses of study and may establish standards of accreditation for educational programs conducted in this state. The expenses incurred by the board in activities authorized pursuant to this subsection shall not exceed the total revenues received and accumulated by the board.

Section 15. BROKERAGE RELATIONSHIPS--CREATION.--

A. For all regulated real estate transactions first executed on or after January 1, 2000, no agency relationship between a buyer, seller, landlord or tenant and a brokerage shall exist unless the buyer, seller, landlord or tenant and the brokerage agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant or licensee, or created orally or by implication.

B. A brokerage may provide real estate services to a client pursuant to an express written agreement that does not create an agency relationship, and no agency duties will be imposed on the brokerage.

C. A brokerage may provide real estate services to a customer without entering into an express written agreement and without creating an agency relationship, and no agency duties will be imposed on the brokerage.

D. The board shall promulgate rules governing the rights of clients or customers and the rights, responsibilities and duties of a brokerage in those brokerage relationships that are subject to the jurisdiction of the board.

Section 16. LICENSEE'S DUTIES--DISCLOSURE.--

A. Prior to the time a licensee generates or presents any written document that has the potential to become an express written agreement, the licensee shall give to a prospective buyer, seller, landlord or tenant a list of the licensee's duties that are in accordance with requirements established by the board.

B. Licensees shall perform all duties that are established for licensees by the board.

Section 17. ISSUANCE, RENEWAL AND SURRENDER OF BROKER'S LICENSES.--

A. The board shall issue to each qualified applicant a broker's license in the form and size prescribed by the board.

B. The broker's license shall show the name and address of the licensee. An associate broker's license shall show the name of the qualifying broker by whom the associate broker is engaged. The board shall deliver or mail the broker's license of the associate broker to the qualifying broker by whom the associate broker is engaged, and the qualifying broker shall display the broker's license at the brokerage from which the associate broker will be conducting real estate business on behalf of the brokerage. The broker's license of the associate broker shall remain in the custody and control of the qualifying broker as long as the associate broker is engaged by that qualifying broker.

C. Every broker's license shall be renewed every three years on or before the last day of the month following the licensee's month of birth. Upon written request for renewal by the licensee, the board shall certify renewal of a broker's license if there is no reason or condition that might warrant the refusal of the renewal of a broker's license. The licensee shall provide proof of compliance with continuing education requirements and pay the renewal fee. If a broker's licensee has not made application for renewal of a broker's license, furnished proof of compliance with continuing education requirements and paid the renewal fee by the broker's license renewal date, the broker's license shall expire. The board may require a person whose broker's license has expired to apply for a broker's license as if the person had not been previously licensed under the Real Estate Brokers, Appraisers and Interior Designers Act and further require that the person be reexamined. The board shall require a person whose broker's license has expired to pay when the person applies for a broker's license, in addition to any other fee, a late fee. If during a period of one year from the date the broker's license expires the person or the person's spouse is either absent from this state on active duty military service or the person is suffering from an illness or injury of such severity that the person is physically or mentally incapable of making application for a broker's license, payment of the late fee and reexamination shall not be required by the board if, within three months of the person's permanent return to this state or sufficient recovery from illness or injury to allow the person to make an application, the person makes application to the board for a broker's license. A copy of that person's or that person's spouse's military orders or a certificate from the applicant's physician shall accompany the application. A person excused by reason of active duty military service, illness or injury as provided for in this subsection may make application for a broker's license without imposition of the late fee. All fees collected pursuant to this subsection shall be disposed of in accordance with the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act. The revocation of a qualifying broker's license automatically suspends every associate broker's license granted to any person by virtue of association with the qualifying broker whose broker's license has been revoked, pending a change of qualifying broker. Upon the naming of a new qualifying broker, the suspended broker's license shall be reactivated without charge if granted during the three-year renewal cycle.

D. A qualifying broker shall conduct brokerage business under the trade name and from the brokerage address registered with the board. Every brokerage shall have a qualifying broker in charge. The broker's license of the qualifying broker and each associate broker associated with that qualifying broker shall be prominently displayed in each brokerage office. The address of the office shall be designated in the qualifying broker's license, and a broker's license issued shall not authorize the licensee to transact real estate business at any other address. In case of removal from the designated address, the licensee shall make application to the board before the removal or within ten days thereafter, designating the new location of the licensee's office and paying the required fee, whereupon the board shall issue a broker's license for the new location if the new location complies with the terms of the Real Estate Brokers, Appraisers and Interior Designers Act. A qualifying broker shall maintain a sign at the brokerage office of such size and content as the board prescribes.

E. When an associate broker is discharged or terminates association or employment with the qualifying broker with whom the associate broker is associated, the qualifying broker shall deliver or mail the associate broker's license to the board within forty-eight hours. The board shall hold the broker's license on inactive status. It is unlawful for an associate broker to perform any of the acts authorized by the Real Estate Brokers, Appraisers and Interior Designers Act either directly or indirectly under authority of an inactive broker's license after the associate broker's association with a qualifying broker has been terminated and the associate broker's license has been returned to the board until the appropriate fee has been paid and the broker's license has been reissued and reactivated by the board.

Section 18. REFUSAL, SUSPENSION OR REVOCATION OF BROKER'S LICENSE FOR CAUSES ENUMERATED.--

A. The board may refuse to issue a broker's license or may suspend, revoke, limit or condition a broker's license if the applicant or licensee has by false or fraudulent representations obtained a broker's license or, in performing or attempting to perform any of the actions specified in the Real Estate Brokers, Appraisers and Interior Designers Act, an applicant or licensee has:

(1) made a substantial misrepresentation;

(2) pursued a continued and flagrant course of misrepresentation; made false promises through agents, salespersons, advertising or otherwise; or used any trade name or insignia of membership in any real estate organization of which the licensee is not a member;

(3) paid or received a rebate, profit, compensation or commission to or from any unlicensed person, except the licensee's principal or other party to the transaction, and then only with that principal's written consent;

(4) represented or attempted to represent a qualifying broker other than a qualifying broker with whom the licensee is associated without the express knowledge and consent of that qualifying broker;

(5) failed, within a reasonable time, to account for or to remit any money coming into the licensee's possession that belongs to others, commingled funds of others with the licensee's own or failed to keep funds of others in an escrow or trustee account or failed to furnish legible copies of all listing and sales contracts to all parties executing them;

(6) been convicted in any court of competent jurisdiction of a felony or any offense involving moral turpitude;

(7) employed or compensated directly or indirectly a person for performing any of the acts regulated by the Real Estate Brokers, Appraisers and Interior Designers Act who is not a licensed qualifying broker or an associate broker; provided, however, that a qualifying broker may pay a commission to a qualifying broker of another state; provided further that the nonresident broker shall not conduct in this state any of the negotiations for which a fee, compensation or commission is paid except in cooperation with a licensed qualifying broker of this state;

(8) failed, if a qualifying broker, to place as soon after receipt as is practicably possible, after securing signatures of all parties to the transaction, any deposit money or other money received by the qualifying broker in a real estate transaction in a custodial, trust or escrow account, maintained by the qualifying broker in a bank or savings and loan institution or title company authorized to do business in this state, in which the funds shall be kept until the transaction is consummated or otherwise terminated, at which time a full accounting of the funds shall be made by the qualifying broker. Records relative to the deposit, maintenance and withdrawal of the funds shall contain information as may be prescribed by the rules of the board. Nothing in this paragraph prohibits a qualifying broker from depositing nontrust funds in an amount not to exceed the required minimum balance in each trust account so as to meet the minimum balance requirements of the bank necessary to maintain the account and avoid charges. The minimum balance deposit shall not be considered commingling and shall not be subject to levy, attachment or garnishment. This paragraph does not prohibit a qualifying broker from depositing any deposit money or other money received by the qualifying broker in a real estate transaction with another cooperating broker who shall in turn comply with this paragraph;

(9) failed, if an associate broker, to place as soon after receipt as is practicably possible in the custody of the associate broker's qualifying broker, after securing signatures of all parties to the transaction, any deposit money or other money entrusted to the associate broker by any person dealing with the associate broker as the representative of the qualifying broker;

(10) violated a provision of the Real Estate Brokers, Appraisers and Interior Designers Act or a rule promulgated by the board;

(11) committed an act, whether of the same or different character from that specified in this subsection, that is related to dealings as a qualifying broker or an associate broker and that constitutes or demonstrates bad faith, incompetency, untrustworthiness, impropriety, fraud, dishonesty, negligence or any unlawful act; or

(12) been the subject of disciplinary action as a licensee while licensed to practice real estate in another jurisdiction, territory or possession of the United States or another country.

B. An unlawful act or violation of the Real Estate Brokers, Appraisers and Interior Designers Act by an associate broker, employee, partner or associate of a qualifying broker shall not be cause for the revocation of a broker's license of the qualifying broker unless it appears to the satisfaction of the board that the qualifying broker had guilty knowledge of the unlawful act or violation.

Section 19. PROVISION FOR HEARING BEFORE SUSPENSION OR REVOCATION OF BROKER'S LICENSE.--The board shall, before suspending or revoking any broker's license, set the matter down for a hearing pursuant to the provisions of the Uniform Licensing Act.

Section 20. MAINTENANCE OF LIST OF LICENSEES.--The board shall maintain a list of the names and addresses of all licensees licensed by it under the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act and of all persons whose broker's license has been suspended or revoked within that year, together with such other information relative to the enforcement of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act as it may deem of interest to the public. The board shall also maintain a statement of all funds received and a statement of all disbursements, and copies of the statements shall be mailed by the board to any person in this state upon request.

Section 21. SUIT BY QUALIFYING OR ASSOCIATE BROKER.--No action for the collection of a commission or compensation earned by any person as a qualifying broker or an associate broker required to be licensed pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act shall be maintained in the courts of the state unless such person was a duly licensed qualifying broker or associate broker at the time the alleged cause of action arose. In any event, suit against a member of the public as distinguished from any person licensed under the Real Estate Brokers, Appraisers and Interior Designers Act shall be maintained only in the name of the qualifying broker.

Section 22. PENALTY--INJUNCTIVE RELIEF.--

A. Any person who violates any provision of the Real Estate Brokers, Appraisers and Interior Designers Act is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months or both; any corporation or business association that violates any provision of the Real Estate Brokers, Appraisers and Interior Designers Act shall be punished by a fine of not more than one thousand dollars ($1,000).

B. In the event that any person, business association or corporation has engaged or proposes to engage in any act or practice that violates a provision of the Real Estate Brokers, Appraisers and Interior Designers Act, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur shall, upon application of the board, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.

C. In any action brought under Subsection B of this section, if the court finds that a person is engaged or has willfully engaged in any act or practice that violates a provision of the Real Estate Brokers, Appraisers and Interior Designers Act, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or is occurring shall upon petition to the court recover on behalf of the state of New Mexico a civil penalty not exceeding five thousand dollars ($5,000) per violation and attorney fees and costs.

Section 23. UNLICENSED ACTIVITY--CIVIL PENALTY.--The board may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation and assess administrative costs for any investigation and administrative or other proceedings against any person who is found, through a court or administrative proceeding, to have acted without a broker's license in violation of the Real Estate Brokers, Appraisers and Interior Designers Act.

Section 24. INTERPRETATION OF ACT.--Nothing contained in the Real Estate Brokers, Appraisers and Interior Designers Act shall affect the power of municipalities to tax, license and regulate qualifying brokers or associate brokers. The requirements in that act shall be in addition to the requirements of an existing or future ordinance of any municipalities so taxing, licensing or regulating qualifying brokers or associate brokers.

Section 25. REGISTRATION, APPRAISER'S LICENSE OR CERTIFICATION REQUIRED--EXCEPTIONS.--

A. It is unlawful for any person in this state to engage or attempt to engage in the business of developing or communicating real estate appraisals or appraisal reports without first registering as an apprentice or obtaining an appraiser's license or certificate from the board under the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act.

B. No person, unless certified by the board as a state certified real estate appraiser under a general certification or residential certification, shall:

(1) assume or use any title, designation or abbreviation likely to create the impression of a state certified real estate appraiser;

(2) use the term "state certified" to describe or refer to any appraisal or evaluation of real estate prepared by the person;

(3) assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser firm, partnership, corporation or group; or

(4) assume or use any title, designation or abbreviation likely to create the impression of certification under a general certificate or describe or refer to any appraisal or evaluation of nonresidential real estate by the term "state certified" if the preparer's certification is limited to residential real estate.

C. A state apprentice real estate appraiser who is registered but does not hold an appraiser's license or certificate is authorized to prepare appraisals of all types of real estate or real property, provided that such appraisals are not described or referred to as being prepared by a "state certified real estate appraiser" holding a residential or general certificate or by a "state licensed real estate appraiser" and provided, further, that such person does not assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser or licensure as a state licensed real estate appraiser.

D. A holder of an appraiser's license or residential certificate is authorized to prepare appraisals of nonresidential real estate, provided that such appraisals are not described or referred to as "state certified by a general certified appraiser" and provided, further, that the holder of the certificate does not assume or use any title, designation or abbreviation likely to create the impression of general certification.

E. To perform in federally related transactions, as referenced in the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, a real estate appraiser shall, at a minimum, meet the requirements for licensing as currently defined in that act.

F. The requirement of registration, licensing or certification shall not apply to a real estate broker or salesperson who, in the ordinary course of business, gives an opinion of the price or value of real estate for the purpose of securing a listing, marketing of real property, affecting a sale, lease or exchange, conducting market analyses or rendering specialized services; provided, however, that the opinion of the price or value shall not be referred to or construed as an appraisal or appraisal report and no compensation, fee or other consideration is expected or charged for such opinion, other than the real estate brokerage commission or fee for services rendered in connection with the identified real estate or real property.

G. The requirement of registration, licensing or certification shall not apply to real estate appraisers of the property tax division of the taxation and revenue department, to a county assessor or to the county assessor's employees, who as part of their duties are required to engage in real estate appraisal activity as a county assessor or on behalf of the county assessor and no additional compensation fee or other consideration is expected or charged for such appraisal activity, other than such compensation as is provided by law. H. The prohibition of Subsection A of this section does not apply to persons whose real estate appraisal activities are limited to the appraisal of interests in minerals, including oil, natural gas, liquid hydrocarbons or carbon dioxide, and property held or used in connection with mineral property, if that person is authorized in the person's state of residence to practice and is actually engaged in the practice of the profession of engineering or geology.

I. The process of analyzing, without altering, an appraisal report that is part of a request for mortgage credit is exempt from the requirements of registration, licensing or certification.

Section 26. QUALIFICATION FOR STATE APPRENTICE REAL ESTATE APPRAISERS.--

A. Registration as a state apprentice real estate appraiser shall be granted only to persons who are deemed by the board to be of good repute and competent to render appraisals.

B. Each applicant for registration as a state apprentice real estate appraiser shall be a legal resident of the United States, except as otherwise provided in Section 36 of the Real Estate Brokers, Appraisers and Interior Designers Act and have reached the age of majority.

C. Each applicant for registration as a state apprentice real estate appraiser shall have the education requirements as established for the apprentice classification issued by the appraiser qualifications board of the appraisal foundation and adopted by rule pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act.

D. The board shall require such information as it deems necessary from an applicant to determine the applicant's honesty, trustworthiness and competency.

Section 27. QUALIFICATION FOR STATE APPRENTICE REAL ESTATE APPRAISERS.--

A. Registration as a state apprentice real estate appraiser shall be granted only to persons who are deemed by the board to be of good repute and competent to render appraisals.

D. The board shall require such information as it deems necessary from an applicant to determine the applicant's honesty, trustworthiness and competency.

Section 28. QUALIFICATION FOR APPRAISER'S LICENSE.--

A. Appraiser's licenses shall be granted only to persons who are deemed by the board to be of good repute and competent to render appraisals.

B. Each applicant for an appraiser's license shall be a legal resident of the United States, except as otherwise provided in Section 36 of the Real Estate Brokers, Appraisers and Interior Designers Act and have reached the age of majority.

C. Each applicant for an appraiser's license shall have additional experience and education requirements as established for the licensed classification issued by the appraiser qualifications board of the appraisal foundation and adopted by rule pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act.

D. The board shall require such information as it deems necessary from an applicant to determine the applicant's honesty, trustworthiness and competency.

E. Persons who do not meet the qualifications for licensure are not qualified for appraisal assignments involving federally related transactions.

Section 29. QUALIFICATION FOR CERTIFICATE.--

A. Certificates shall be granted only to persons who are deemed by the board to be of good repute and competent to render appraisals.

B. Each applicant for a certificate as a state certified real estate appraiser shall be a legal resident of the United States, except as otherwise provided in Section 36 of the Real Estate Brokers, Appraisers and Interior Designers Act and have reached the age of majority.

C. Each applicant for a residential certificate as a state certified real estate appraiser shall have performed actively as a real estate appraiser and shall have additional experience and education requirements as established for the residential certification classification issued by the appraiser qualifications board of the appraisal foundation and adopted by rule pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act.

D. Each applicant for a general certificate as a state certified real estate appraiser shall have performed actively as a real estate appraiser and have additional experience and education requirements as established for the general certification classification issued by the appraiser qualifications board of the appraisal foundation and adopted pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act.

E. The board shall require such information as it deems necessary from an applicant to determine the applicant's honesty, trustworthiness and competency.

Section 30. APPLICATION FOR REGISTRATION, APPRAISER'S LICENSE OR CERTIFICATE--EXAMINATION.--

A. All applications for registrations, appraiser's licenses or certificates shall be made to the board in writing, shall specify whether a registration, appraiser's license or certificate is being applied for by the applicant and, if a certificate, the classification of the certificate being applied for by the applicant and shall contain such data and information as may be required by the board.

B. Each applicant for an appraiser's license or a certificate shall demonstrate by successfully passing a written examination, prepared by or under the supervision of the board, that the applicant possesses, consistent with licensure or the certification sought, the following:

(1) an appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing and economic concepts applicable to real estate;

(2) a basic understanding of real estate law; (3) an adequate knowledge of theory and techniques of real estate appraisal;

(4) an understanding of the principles of land economics, real estate appraisal processes and problems likely to be encountered in the gathering, interpreting and processing of data in carrying out appraisal disciplines;

(5) an understanding of the standards for the development and communication of real estate appraisals as provided in the Real Estate Brokers, Appraisers and Interior Designers Act;

(6) knowledge of theories of depreciation, cost estimating, methods of capitalization and the mathematics of real estate appraisal that are appropriate for the classification of certificate applied for by the applicant;

(7) knowledge of other principles and procedures as may be appropriate for the respective classification; and

(8) an understanding of the types of misconduct for which disciplinary proceedings may be initiated against a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser as set forth in the Real Estate Brokers, Appraisers and Interior Designers Act.

C. The examination shall be given at least four times each calendar year at such times and places within the state as the board prescribes. The board shall make a reasonable effort to conduct examinations in each congressional district. Notice of passing or failing the examination shall be given by the board to each applicant not later than forty-five days following the date of the examination.

D. An applicant for a license or a certificate who fails to complete successfully the written examination may apply for a reexamination for a license or certificate upon compliance with such conditions as set forth in the rules adopted by the board pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act.

Section 31. ISSUANCE AND RENEWAL OF REGISTRATION, APPRAISER'S LICENSES AND CERTIFICATES.--

A. The board shall issue to each qualified applicant evidence of registration, an appraiser's license or a certificate in a form and size prescribed by the board.

B. The board in its discretion may renew registrations, appraiser's licenses or certificates for periods of one, two or three years for the purpose of coordinating continuing education requirements with registration, appraiser's license or certificate renewal requirements.

C. Each registration, appraiser's license or certificate holder shall submit proof of compliance with continuing education requirements and the renewal fee.

D. At the election of an eligible holder of a registration, appraiser's license or certificate who performs or seeks to perform appraisals in federally related transactions under the federal real estate appraisal reform amendments, the application for renewal shall include payment of a registry fee set by the federal financial institutions examination council. The registry fee shall be transmitted by the board to the federal financial institutions examination council. Notice of whether the state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser has paid the federal registry fee and is thus eligible to perform in federally related transactions shall be included on the face of each registration, appraiser's license and certificate issued by the board.

E. The board shall certify renewal of each registration, appraiser's license or certificate in the absence of any reason or condition that might warrant the refusal of the renewal of a registration, appraiser's license or certificate.

F. In the event that any registration, appraiser's license or certificate holder fails to apply properly for renewal of the registration, appraiser's license or certificate within the thirty days immediately following the holder's registration, appraiser's license or certificate renewal date of any given year, the registration, appraiser's license or certificate shall expire thirty days following the renewal date.

G. The board may renew an expired registration upon application, payment of the current annual renewal fee, submission of proof of compliance with continuing education requirements and payment of a reinstatement fee in the amount not to exceed two hundred dollars ($200), in addition to any other fee permitted under the Real Estate Brokers, Appraisers and Interior Designers Act.

H. The board may renew an expired appraiser's license or certificate upon application, payment of the current annual renewal fee, submission of proof of compliance with continuing education requirements and payment of the reinstatement fee, in addition to any other fee permitted under the Real Estate Brokers, Appraisers and Interior Designers Act; provided that the board may, in the board's discretion, treat the former certificate holder as a new applicant and further may require reexamination as a condition to reissuance of a certificate.

I. If during a period of one year from the date a registration, appraiser's license or certificate expires, the registration, appraiser's license or certificate holder is either absent from this state on active duty military service or is suffering from an illness or injury of such severity that the person is physically or mentally incapable of renewal of the registration, appraiser's license or certificate, payment of the reinstatement fee and, in the case of an appraiser's license or certificate holder, reexamination shall not be required by the board if, within three months of the person's permanent return to this state or sufficient recovery from illness or injury to allow the person to make an application, the person makes application to the board for renewal. A copy of the person's military orders or a certificate of the applicant's physician shall accompany the application.

J. The board may adopt additional requirements by rule for the issuance or renewal of registrations, appraiser's licenses or certificates to maintain or upgrade real estate appraiser qualifications at a level no less than the recommendations of the appraiser qualifications board of the appraisal foundation or the requirements of the appraisal subcommittee.

Section 32. REFUSAL, SUSPENSION OR REVOCATION OF REGISTRATION, APPRAISER'S LICENSE OR CERTIFICATE.--

A. The board shall refuse to issue or renew a registration, appraiser's license or certificate or shall suspend or revoke a registration, appraiser's license or certificate at any time when the applicant, state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser, in performing or attempting to perform any of the actions set forth in the Real Estate Brokers, Appraisers and Interior Designers Act, is determined by the board to have:

(1) procured or attempted to procure a registration, appraiser's license or certificate by knowingly making a false statement or submitting false information or through any form of fraud or misrepresentation;

(2) refused to provide complete information in response to a question in an application for a registration, appraiser's license or certificate or failed to meet the minimum qualifications established by the Real Estate Brokers, Appraisers and Interior Designers Act;

(3) paid money, other than as provided for in the Real Estate Brokers, Appraisers and Interior Designers Act, to any member or employee of the board to procure a registration, appraiser's license or certificate;

(4) been convicted of a crime that is substantially related to the qualifications, functions and duties of the person developing real estate appraisals and communicating real estate appraisals to others;

(5) committed an act involving dishonesty, fraud or misrepresentation or by omission engaged in a dishonest or fraudulent act or misrepresentation with the intent to substantially benefit the registration, appraiser's license or certificate holder or another person or with the intent to substantially injure another person;

(6) willfully disregarded or violated any of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act or the rules of the board adopted pursuant to that act;

(7) accepted an appraisal assignment when the employment itself is contingent upon the real estate appraiser reporting a predetermined analysis or opinion or when the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment; provided that a contingent fee agreement is permitted for the rendering of special services not constituting an appraisal assignment and the acceptance of a contingent fee is clearly and prominently stated on the written appraisal report;

(8) suffered the entry of a final civil judgment on the grounds of fraud, misrepresentation or deceit in the making of an appraisal; provided that the state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment; or

(9) committed any other conduct that is related to dealings as a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser and that constitutes or demonstrates bad faith, untrustworthiness, impropriety, fraud, dishonesty or any unlawful act.

B. The board shall refuse to issue or renew a registration, appraiser's license or certificate and shall suspend or revoke a registration, appraiser's license or certificate at any time when the board determines that the applicant or state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser, in the performance of real estate appraisal work, has:

(1) repeatedly failed to observe one or more of the standards for the development or communication of real estate appraisals set forth in the rules adopted pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act; (2) repeatedly failed or refused, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal;

(3) repeatedly been negligent or incompetent in developing an appraisal, preparing an appraisal report or communicating an appraisal; or

(4) violated the confidential nature of records to which the state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser gained access through employment or engagement as such an appraiser.

C. The action of the board relating to the issuance, suspension or revocation of any registration, appraiser's license or certificate shall be governed by the provisions of the Uniform Licensing Act. The board shall participate in any hearings required or conducted by the board pursuant to the provisions of the Uniform Licensing Act.

D. The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act.

E. Nothing in the Real Estate Brokers, Appraisers and Interior Designers Act shall be construed to preclude any other remedies otherwise available under common law or statutes of this state.

Section 33. STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE--CERTIFICATE OF GOOD STANDING.--

A. Each state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal practice are currently evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal foundation and as adopted by rule pursuant to provisions of the Real Estate Brokers, Appraisers and Interior Designers Act.

B. The board, upon payment of a fee in an amount specified in its rules, may issue a certificate of good standing to any real estate appraiser who is in good standing in accordance with the Real Estate Brokers, Appraisers and Interior Designers Act.

Section 34. APPRAISAL FEES.--The board shall charge and collect the following fees not to exceed:

A. an application fee for a registration, two hundred dollars ($200);

B. an application fee for an appraiser's license or residential certification, four hundred dollars ($400);

C. an application fee for general certification, five hundred dollars ($500);

D. an examination fee for general and residential certification or appraiser's license, two hundred dollars ($200);

E. a registration renewal fee, two hundred fifty dollars ($250);

F. a certificate renewal fee for residential certification, or appraiser's license renewal, four hundred fifty dollars ($450);

G. a certificate renewal fee for general certification, five hundred dollars ($500);

H. the registry fee as required by the federal real estate appraisal reform amendments;

I. for registration for temporary practice, two hundred dollars ($200);

J. for each duplicate registration, appraiser's license or certificate issued because a registration, appraiser's license or certificate is lost or destroyed and an affidavit as to its loss or destruction is made and filed, fifty dollars ($50.00); and

K. fees to cover reasonable and necessary administrative expenses.

Section 35. CONTINUING EDUCATION.--

A. The board shall adopt rules providing for continuing education programs that offer courses in real property appraisal, practices and techniques, including basic real estate law and practice. The rules shall require that every state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser, as a condition of renewal, shall successfully complete the continuing education requirements approved by the board.

B. The rules shall prescribe areas of specialty or expertise relating to registration, appraiser's licenses and the type of certificate held and may require that a certain part of continuing education be devoted to courses in the area of the state apprentice real estate appraiser's, state licensed real estate appraiser's or state certified real estate appraiser's specialty or expertise. The rules shall also permit state apprentice real estate appraisers, state licensed real estate appraisers and state certified real estate appraisers to meet the continuing education requirements by participation other than as a student in educational processes and programs in real property appraisal theory, practices and techniques by instructing or preparing educational materials.

C. The board shall adopt rules to improve real estate and interior design education and to train real estate and interior design instructors.

Section 36. NONRESIDENT APPLICANTS--RECIPROCITY.--

A. The board shall issue a registration, appraiser's license or certificate to a nonresident of New Mexico or the United States; provided that requirements for registration, licensing or certification in the nonresident applicant's resident state or country are the same or similar to the requirements set forth in the Real Estate Brokers, Appraisers and Interior Designers Act. In the event that the requirements of the nonresident applicant's resident state or country are not similar or cannot be verified, a qualifying nonresident applicant may become a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser by conforming to all conditions of the Real Estate Brokers, Appraisers and Interior Designers Act. Examinations taken in other states or countries are acceptable in New Mexico at the board's discretion if the examination was at the appropriate level and approved by the appraisal foundation. If it is beneficial to New Mexico state apprentice real estate appraisers, state licensed real estate appraisers or state certified real estate appraisers, the board may negotiate agreements with other states or countries allowing reciprocity. The registration, appraiser's license or certificate shall be issued upon payment of the application fee; verification that the applicant has complied with the current education requirements of the applicant's resident state or country; and the filing with the board of a license history and verification of good standing issued by the licensing board of the other state or country.

B. The applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court of any county of this state in which a cause of action may arise from the applicant's actions as a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser or in which the plaintiff may reside, by the service of any processes or pleadings authorized by the laws of this state on the board, the consent stipulating and agreeing that such service of processes or pleadings on the board shall be taken and held in all courts to be as valid and binding as if personal service has been made upon the applicant in New Mexico. In case any process or pleading mentioned in the case is served upon the board, it shall be by duplicate copies, one of which shall be filed in the office of the board and the other immediately forwarded by registered mail to the nonresident state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser to whom the processes or pleadings are directed.

Section 37. TEMPORARY PRACTICE.--

A. The board shall recognize, on a temporary basis, the registration, certification or appraiser's license of a real estate appraiser issued by another state if:

(1) the real estate appraiser's business is of a temporary nature and certified by the real estate appraiser not to exceed six months; and

(2) the real estate appraiser registers the temporary practice with the board.

B. The applicant or any person registering with the board for temporary practice shall file an irrevocable consent that suits and actions may be commenced against the person in the proper court of any county of this state in which a cause of action may arise from the person's actions as a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser or in which the plaintiff may reside, by the service of any processes or pleadings authorized by the laws of this state on the board, the consent stipulating and agreeing that such service of processes or pleadings on the board shall be taken and held in all courts to be as valid and binding as if personal service had been made upon the person in New Mexico. In case any process or pleading mentioned in the case is served upon the board, it shall be by duplicate copies, one of which shall be filed in the office of the board and the other immediately forwarded by registered mail to the nonresident state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser to whom the processes or pleadings are directed.

Section 38. CIVIL AND CRIMINAL PENALTIES--INJUNCTIVE RELIEF.--

A. A person who violates any provision of the Real Estate Brokers, Appraisers and Interior Designers Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months or both.

B. In the event a person has engaged in or proposes to engage in an act or practice that violates a provision of the Real Estate Brokers, Appraisers and Interior Designers Act, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur shall, upon application of the board, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.

C. The board may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation of the Real Estate Brokers, Appraisers and Interior Designers Act and assess administrative costs for an investigation and administrative or other proceeding against a state apprentice real estate appraiser, state licensed real estate appraiser or state certified real estate appraiser or against a person who is found, through an administrative proceeding, to have acted without a registration, appraiser's license or certificate. Appeals from decisions of the board shall be taken as provided in Section 39-3-1.1 NMSA 1978.

Section 39. REQUIREMENTS FOR INTERIOR DESIGN LICENSURE.--Each applicant for interior design licensure shall apply to the board. Except as otherwise provided in the Real Estate Brokers, Appraisers and Interior Designers Act, each applicant shall take and pass a nationally standardized examination. The board may adopt substantially all or part of the examination and grading procedures of the national council for interior design qualification. Prior to examination, the applicant shall provide substantial evidence to the board that the applicant:

A. is a graduate of a five-year interior design program from an accredited institution and has completed at least one year of diversified interior design experience;

B. is a graduate of a four-year interior design program from an accredited institution and has completed at least two years of diversified interior design experience;

C. has completed at least three years of an interior design curriculum from an accredited institution and has completed three years of diversified interior design experience;

D. is a graduate of a two-year interior design program from an accredited institution and has completed four years of diversified interior design experience; or

E. has apprenticed under a designer who has passed the national council for interior design qualification examination or a licensed interior designer for a minimum of eight years.

Section 40. INTERIOR DESIGN LICENSE WITHOUT EXAMINATION.--

A. The board may accept, in lieu of examination, satisfactory evidence of interior design licensure in another state or country where the qualifications are equal to or exceed those required by the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act, provided that the applicant holds a current interior design license in the other jurisdiction and has complied with all other requirements of the Real Estate Brokers, Appraisers and Interior Designers Act.

B. The board may accept, in lieu of examination, satisfactory evidence of interior design licensure or certification by the national council for interior design qualification.

Section 41. INTERIOR DESIGN LICENSE--ISSUANCE--RENEWAL--DENIAL, SUSPENSION OR REVOCATION.--

A. An interior design license shall be issued to every person who presents satisfactory evidence of possessing the qualifications of education, experience and, as appropriate, the examination performance required by the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act, provided that the applicant has reached the age of majority and pays the required fees.

B. Each original license shall authorize the holder to use the title of and be known as a licensed interior designer from the date of issuance to the next renewal date unless the interior design license is suspended or revoked. C. All interior design licenses shall expire annually and shall be renewed by submitting a completed renewal application, accompanied by the required fees.

D. An interior design license shall not be renewed until the licensee submits satisfactory evidence to the board that, during the last year, the licensee has participated in not less than eight hours of continuing education approved by the board. The board shall approve only continuing education that builds upon basic knowledge of interior design. The board may make exceptions from the continuing education requirement in emergency or hardship cases.

E. The holder of an interior design license that has expired through failure to renew may renew the interior design license at any time within two years from the date on which the interior design license expired, upon approval of the board.

F. The board may promulgate policies and procedures providing for the establishment of an inactive status for licensees temporarily not engaged in the practice of interior design.

G. In accordance with the provisions of the Uniform Licensing Act, the board may deny, refuse to renew, suspend or revoke an interior design license or impose probationary conditions when the licensee has:

(1) obtained the interior design license by means of fraud, misrepresentation or concealment of material facts;

(2) committed an act of fraud or deceit in professional conduct or been convicted of a felony;

(3) made a representation as being a licensed interior designer prior to being issued an interior design license, except as authorized under the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act;

(4) been found by the board to have aided or abetted an unlicensed person in violating the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act; or

(5) failed to comply with the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act or rules adopted pursuant to that act.

Section 42. INTERIOR DESIGN LICENSE REQUIRED--PENALTY.--

A. No person shall knowingly:

(1) use the name or title of licensed interior designer when the person is not the holder of a current, valid interior design license issued pursuant to the Real Estate Brokers, Appraisers and Interior Designers Act;

(2) use or present as the person's own the interior design license of another;

(3) give false or forged evidence to the board or a board member for the purpose of obtaining an interior design license;

(4) use or attempt to use an interior design license that has been suspended, revoked or placed on inactive status; or

(5) conceal information relative to violations of the Real Estate Brokers, Appraisers and Interior Designers Act.

B. A person who violates a provision of this section is guilty of a misdemeanor and shall be sentenced under the provisions of Section 31-19-1 NMSA 1978 to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or both, in the discretion of the judge.

Section 43. PENALTIES LEVIED BY THE BOARD.--Upon a finding by the board of a violation of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act, the board may:

A. refuse to approve an application for licensure;

B. refuse to renew an existing interior design license;

C. revoke or suspend an interior design license;

D. impose an administrative fine;

E. issue a reprimand;

F. assess the costs of disciplinary proceedings, as provided in the Uniform Licensing Act; or

G. invoke any combination of the penalties listed in this section.

Section 44. EXEMPTIONS.--

A. Nothing in the Real Estate Brokers, Appraisers and Interior Designers Act shall be construed as preventing or restricting the practice, services or activities of:

(1) engineers licensed pursuant to the Engineering and Surveying Practice Act;

(2) architects licensed pursuant to the Architectural Act;

(3) contractors licensed pursuant to the Construction Industries Licensing Act;

(4) any interior decorator or individual offering interior decorating services, including but not limited to selection of surface materials, window treatments, wall coverings, paint, floor coverings and lighting fixtures; or

(5) builders, home furnishings salespersons or similar purveyors of goods and services relating to homemaking. B. Nothing contained in the Real Estate Brokers, Appraisers and Interior Designers Act shall prevent a person from rendering or offering to render any of the services that constitute the practice of interior design; provided that such person shall not be permitted to use or be identified by the title "licensed interior designer" unless licensed in accordance with the provisions of that act or as otherwise provided by law.

C. Nothing in the Real Estate Brokers, Appraisers and Interior Designers Act shall be construed to permit a licensed interior designer to engage in the practice of engineering as defined in the Engineering and Surveying Practice Act.

Section 45. LICENSE FEES.--The fees for an original interior design license, renewal of interior design license, late charges or any other fees authorized by the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act shall be set by regulation of the board. The fee for initial interior design licensure shall not exceed two hundred dollars ($200).

Section 46. DISCLOSURE REQUIREMENTS.--

A. Interior design documents prepared by a licensed interior designer shall contain a statement that the document is not an architectural or engineering study, drawing, specification or design and is not to be used as the basis for construction of any load-bearing framing, wall or structure construction.

B. Before entering into a contract, a licensed interior designer shall clearly determine the scope and nature of the project and the methods of compensation. The licensed interior designer may offer professional services to the client as a consultant, specifier or supplier on the basis of a fee, percentage or mark-up. The licensed interior designer shall fully disclose to the client the manner in which all compensation is to be paid.

C. A licensed interior designer shall not accept any form of compensation from a supplier of goods and services in cash or in kind, unless the licensed interior designer first informs the client of the compensation.

Section 47. JUDGMENT AGAINST QUALIFYING OR ASSOCIATE BROKER--PETITION--REQUIREMENTS--RECOVERY LIMITATIONS.--

A. When any aggrieved person claims a pecuniary loss caused by a licensed qualifying broker or associate broker based upon fraud, knowing or willful misrepresentation or wrongful conversion of funds entrusted to the qualifying broker or associate broker, which loss arose out of any transaction for which a qualifying broker's or an associate broker's license is required and arose out of or during the course of a transaction involving the sale, lease, exchange or other disposition of real estate, where the cause of action arose on or after July 1, 1980, that person may, within one year after obtaining a final judgment based upon fraud, knowing or willful misrepresentation or wrongful conversion of funds entrusted to the qualifying broker or associate broker and the termination of all proceedings, including appeals in connection with the judgment, file a verified petition with the board for payment from the real estate brokers, appraisers and interior designers fund for the actual damages included in the judgment and unpaid, but not more than ten thousand dollars ($10,000) per judgment regardless of the number of persons aggrieved, or parcels of real estate involved, in the transaction. The aggregate amount recoverable by all claimants for losses caused by any one licensee shall not exceed thirty thousand dollars ($30,000).

B. A copy of the petition shall be served upon the board in the manner provided by law for service of a civil summons.

C. The board shall conduct a hearing on the petition after service of the petition upon the board. At the hearing, the petitioner shall be required to show that the petitioner:

(1) is not the spouse of the judgment debtor, the personal representative of the spouse or related to the third degree of consanguinity or affinity to the licensee whose conduct is alleged to have caused the loss;

(2) has complied with all the requirements of the Real Estate Brokers, Appraisers and Interior Designers Act;

(3) has obtained a judgment of the kind described in Subsection A of this section, the amount awarded and the amount owing at the date of the petition;

(4) has had execution issued upon the judgment and that the officer executing the writ has made a return showing that the judgment debtor has no property within the state subject to execution. If execution is levied against the property of the judgment debtor, the petitioner shall show that the amount realized on the sale was insufficient to satisfy the judgment and shall set forth the amount realized from the sale and the balance remaining due on the judgment after application of the amount realized;

(5) has made reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment, including partnership assets, the licensee's estate or any bond or insurance, and that the petitioner has exercised reasonable diligence to secure payment of the judgment from the assets of the judgment debtor; and

(6) has a judgment that is not:

(a) covered by any bond, insurance, surety agreement or indemnity agreement;

(b) a loss incurred by a partner, joint venturer, employer, employee or associate of the licensee whose conduct is alleged to have caused the loss; or a corporate officer or director of a corporation in which the judgment debtor is also an officer, director or employee; or

(c) a loss incurred by any business or other entity in which the licensee whose conduct is alleged to have caused the loss has any interest at the time of the conduct alleged to have caused the loss.

Section 48. BOARD--REVIEW--COMPROMISE.--Upon receipt of a petition, the board shall conduct a hearing in substantially the same manner as set forth in the Uniform Licensing Act.

Section 49. BOARD FINDING.--If the board determines that a claim should be levied against the real estate brokers, appraisers and interior designers fund, the board shall enter an order requiring payment from the fund of that portion of the petitioner's claim that is payable from the fund.

Section 50. INSUFFICIENT FUNDS.--If at any time the money deposited in the real estate brokers, appraisers and interior designers fund is insufficient to satisfy any authorized claim for payment from the fund, the board shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims in the order that they were originally filed, together with accumulated interest at the rate of eight percent per year.

Section 51. SUBROGATION.--When the board makes any payment from the real estate brokers, appraisers and interior designers fund to a judgment creditor, the board shall be subrogated to all rights of the judgment creditor for the amounts paid out of the fund, and any amount and interest so recovered by the board shall be deposited in the fund. The board may, pursuant to the provisions of the Uniform Licensing Act, revoke, suspend or refuse to renew the broker's license of any person for whom payment from the fund has been made in accordance with the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act. Further, the board may refuse to issue or renew the license of any person for whom payment from the real estate brokers, appraisers and interior designers fund has been made, until that person reimburses the fund for all payments made on that person's behalf.

Section 52. WAIVER.--The failure of any person to comply with all of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act shall constitute a waiver of any rights pursuant to that act.

Section 53. DISCIPLINARY ACTION NOT LIMITED.--Nothing contained in the Real Estate Brokers, Appraisers and Interior Designers Act shall limit the authority of the board to take disciplinary action against a licensee for a violation of any of the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act or of the rules of the board, nor shall the repayment in full of all obligations to the real estate brokers, appraisers and interior designers fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of the Real Estate Brokers, Appraisers and Interior Designers Act or the rules promulgated by the board.

Section 54. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The real estate brokers, appraisers and interior designers board is terminated on July 1, 2015 pursuant to the Sunset Act. The board shall continue to operate until July 1, 2016. Effective July 1, 2016, the Real Estate Brokers, Appraisers and Interior Designers Act is repealed.

Section 55. TEMPORARY PROVISION--TRANSFERS, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the New Mexico real estate commission, the real estate appraisers board and the interior design board are transferred to the real estate brokers, appraisers and interior designers board.

B. On the effective date of this act, all contractual obligations and agreements of the New Mexico real estate commission, the real estate appraisers board and the interior design board shall be binding on the real estate brokers, appraisers and interior designers board.

C. On the effective date of this act, all references in the law to the New Mexico real estate commission, the real estate appraisers board or the interior design board shall be deemed to be references to the real estate brokers, appraisers and interior designers board.

Section 56. REPEAL.--

A. Section 47-11-2.1 NMSA 1978 (being Laws 1986, Chapter 97, Section 2, as amended) is repealed.

B. Section 47-11-11.1 NMSA 1978 (being Laws 1986, Chapter 97, Section 13) is repealed.

C. Section 47-11-11.2 NMSA 1978 (being Laws 1986, Chapter 97, Section 14) is repealed.

D. Section 61-24C-1 NMSA 1978 (being Laws 1989, Chapter 53, Section 1, as amended) is repealed.

E. Section 61-24C-2 NMSA 1978 (being Laws 1989, Chapter 53, Section 2, as amended) is repealed.

F. Section 61-24C-3 NMSA 1978 (being Laws 1989, Chapter 53, Section 3, as amended) is repealed.

G. Section 61-24C-4 NMSA 1978 (being Laws 1989, Chapter 53, Section 4, as amended) is repealed.

H. Section 61-24C-5 NMSA 1978 (being Laws 1989, Chapter 53, Section 5, as amended) is repealed.

I. Section 61-24C-6 NMSA 1978 (being Laws 1989, Chapter 53, Section 6) is repealed.

J. Section 61-24C-7 NMSA 1978 (being Laws 1989, Chapter 53, Section 7) is repealed.

K. Section 61-24C-8 NMSA 1978 (being Laws 1989, Chapter 53, Section 8) is repealed.

L. Section 61-24C-9 NMSA 1978 (being Laws 1989, Chapter 53, Section 9) is repealed.

M. Section 61-24C-10 NMSA 1978 (being Laws 1989, Chapter 53, Section 10, as amended) is repealed.

N. Section 61-24C-11 NMSA 1978 (being Laws 1989, Chapter 53, Section 11, as amended) is repealed.

O. Section 61-24C-12 NMSA 1978 (being Laws 1989, Chapter 53, Section 12, as amended) is repealed.

P. Section 61-24C-13 NMSA 1978 (being Laws 1989, Chapter 53, Section 13, as amended) is repealed.

Q. Section 61-24C-14 NMSA 1978 (being Laws 1989, Chapter 53, Section 14) is repealed.

R. Section 61-24C-15 NMSA 1978 (being Laws 1989, Chapter 53, Section 15, as amended) is repealed.

S. Section 61-24C-16 NMSA 1978 (being Laws 1989, Chapter 53, Section 16, as amended) is repealed.

T. Section 61-24C-17 NMSA 1978 (being Laws 1993, Chapter 83, Section 5, as amended) is repealed.

U. Section 61-29-1 NMSA 1978 (being Laws 1959, Chapter 226, Section 1, as amended) is repealed.

V. Section 61-29-2 NMSA 1978 (being Laws 1999, Chapter 127, Section 1, as amended) is repealed.

W. Section 61-29-3 NMSA 1978 (being Laws 1974, Chapter 78, Section 29, as amended) is repealed.

X. Section 61-29-4 NMSA 1978 (being Laws 1959, Chapter 226, Section 3, as amended) is repealed.

Y. Section 61-29-4.1 NMSA 1978 (being Laws 1985, Chapter 89, Section 1, as amended) is repealed.

Z. Section 61-29-4.2 NMSA 1978 (being Laws 2001, Chapter 216, Section 1, as amended) is repealed.

AA. Section 61-29-4.3 NMSA 1978 (being Laws 2001, Chapter 163, Section 12) is repealed.

BB. Section 61-29-4.4 NMSA 1978 (being Laws 2005, Chapter 35, Section 6) is repealed.

CC. Section 61-29-5 NMSA 1978 (being Laws 1959, Chapter 226, Section 4, as amended) is repealed.

DD. Section 61-29-6 NMSA 1978 (being Laws 1959, Chapter 226, Section 5, as amended) is repealed.

EE. Section 61-29-7 NMSA 1978 (being Laws 1959, Chapter 226, Section 6, as amended) is repealed.

FF. Section 61-29-8 NMSA 1978 (being Laws 1959, Chapter 226, Section 7, as amended) is repealed.

GG. Section 61-29-9 NMSA 1978 (being Laws1959, Chapter 226, Section 8, as amended) is repealed.

HH. Section 61-29-10 NMSA 1978 (being Laws 1959, Chapter 226, Section 9, as amended) is repealed.

II. Section 61-29-10.1 NMSA 1978 (being Laws 1999, Chapter 127, Section 2, as amended) is repealed.

JJ. Section 61-29-10.2 NMSA 1978 (being Laws 1999, Chapter 127, Section 3, as amended) is repealed.

KK. Section 61-29-11 NMSA 1978 (being Laws 1959, Chapter 226, Section 10, as amended) is repealed.

LL. Section 61-29-12 NMSA 1978 (being Laws 1959, Chapter 226, Section 11, as amended) is repealed.

MM. Section 61-29-13 NMSA 1978 (being Laws 1959, Chapter 226, Section 12, as amended) is repealed.

NN. Section 61-29-15 NMSA 1978 (being Laws 1959, Chapter 226, Section 14, as amended) is repealed.

OO. Section 61-29-16 NMSA 1978 (being Laws 1959, Chapter 226, Section 15, as amended) is repealed.

PP. Section 61-29-16.1 NMSA 1978 (being Laws 2005, Chapter 35, Section 15) is repealed.

QQ. Section 61-29-17 NMSA 1978 (being Laws 1965, Chapter 304, Section 8, as amended) is repealed.

RR. Section 61-29-17.2 NMSA 1978 (being Laws 2001, Chapter 163, Section 11) is repealed.

SS. Section 61-29-18 NMSA 1978 (being Laws 1959, Chapter 226, Section 18, as amended) is repealed.

TT. Section 61-29-19 NMSA 1978 (being Laws 1978, Chapter 203, Section 2, as amended) is repealed.

UU. Section 61-29-19.1 NMSA 1978 (being Laws 2005, Chapter 35, Section 20) is repealed.

VV. Section 61-29-20 NMSA 1978 (being Laws 1980, Chapter 82, Section 1) is repealed.

WW. Section 61-29-21 NMSA 1978 (being Laws 1980, Chapter 82, Section 2) is repealed.

XX. Section 61-29-22 NMSA 1978 (being Laws 1980, Chapter 82, Section 3, as amended) is repealed.

YY. Section 61-29-23 NMSA 1978 (being Laws 1980, Chapter 82, Section 42, as amended) is repealed.

ZZ. Section 61-29-24 NMSA 1978 (being Laws 1980, Chapter 82, Section 5, as amended) is repealed.

AAA. Section 61-29-25 NMSA 1978 (being Laws 1980, Chapter 82, Section 6, as amended) is repealed.

BBB. Section 61-29-26 NMSA 1978 (being Laws 1980, Chapter 82, Section 7) is repealed.

CCC. Section 61-29-27 NMSA 1978 (being Laws 1980, Chapter 82, Section 8, as amended) is repealed.

DDD. Section 61-29-28 NMSA 1978 (being Laws 1980, Chapter 82, Section 9) is repealed.

EEE. Section 61-29-29 NMSA 1978 (being Laws 1980, Chapter 82, Section 10) is repealed.

FFF. Section 61-30-1 NMSA 1978 (being Laws 1990, Chapter 75, Section 1, as amended) is repealed.

GGG. Section 61-30-2 NMSA 1978 (being Laws 1990, Chapter 75, Section 2) is repealed.

HHH. Section 61-30-3 NMSA 1978 (being Laws 1990, Chapter 75, Section 3, as amended) is repealed.

III. Section 61-30-4 NMSA 1978 (being Laws 1990, Chapter 75, Section 4, as amended) is repealed.

JJJ. Section 61-30-5 NMSA 1978 (being Laws 1990, Chapter 75, Section 5, as amended) is repealed.

KKK. Section 61-30-5.1 NMSA 1978 (being Laws 1999, Chapter 283, Section 8) is repealed.

LLL. Section 61-30-7 NMSA 1978 (being Laws 1990, Chapter 75, Section 7, as amended) is repealed.

MMM. Section 61-30-8 NMSA 1978 (being Laws 1990, Chapter 75, Section 8, as amended) is repealed.

NNN. Section 61-30-9 NMSA 1978 (being Laws 1990, Chapter 75, Section 9, as amended) is repealed.

OOO. Section 61-30-10 NMSA 1978 (being Laws 1990, Chapter 75, Section 10, as amended) is repealed.

PPP. Section 61-30-10.1 NMSA 1978 (being Laws 1992, Chapter 54, Section 8, as amended) is repealed.

QQQ. Section 61-30-11 NMSA 1978 (being Laws 1990, Chapter 75, Section 11, as amended) is repealed.

RRR. Section 61-30-12 NMSA 1978 (being Laws 1990, Chapter 75, Section 12, as amended) is repealed.

SSS. Section 61-30-13 NMSA 1978 (being Laws 1990, Chapter 75, Section 13, as amended) is repealed.

TTT. Section 61-30-14 NMSA 1978 (being Laws 1990, Chapter 75, Section 14, as amended) is repealed.

UUU. Section 61-30-15 NMSA 1978 (being Laws 1990, Chapter 75, Section 15, as amended) is repealed.

VVV. Section 61-30-16 NMSA 1978 (being Laws 1990, Chapter 75, Section 16, as amended) is repealed.

WWW. Section 61-30-17 NMSA 1978 (being Laws 1990, Chapter 75, Section 17, as amended) is repealed.

XXX. Section 61-30-18 NMSA 1978 (being Laws 1990, Chapter 75, Section 18, as amended) is repealed.

YYY. Section 61-30-19 NMSA 1978 (being Laws 1990, Chapter 75, Section 19, as amended) is repealed.

ZZZ. Section 61-30-20 NMSA 1978 (being Laws 1990, Chapter 75, Section 20, as amended) is repealed.

AAAA. Section 61-30-21 NMSA 1978 (being Laws 1990, Chapter 75, Section 21, as amended) is repealed.

BBBB. Section 61-30-22 NMSA 1978 (being Laws 1990, Chapter 75, Section 22, as amended) is repealed.

CCCC. Section 61-30-24 NMSA 1978 (being Laws 1993, Chapter 269, Section 21, as amended) is repealed.

Section 57. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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