N.M. Code R. § 13.20.2.8 – Licensing Restrictions

A. All applicants.
1. (1) 18 U.S.C. Sections 1033 and 1034 of the Violent Crime Control and Law Enforcement Act of 1994, and the New Mexico Criminal Offender Employment Act, Section 28-2-1 NMSA 1978 et seq., apply to all bail bondsmen and solicitor applicants.
2. (2) Pursuant to Subsection A of Section 59A-51-3 NMSA 1978, no person shall act as a property bondsman, limited surety agent or solicitor, or perform any functions or duties or exercise any of the powers prescribed for bail bondsmen or solicitors in the bail bondsmen licensing law, unless such person is qualified and licensed.
B. Bail bondsmen.
1. (1) An individual seeking to transact or transacting both surety and property bail bonds must be licensed as both a limited surety agent and a property bondsman.
2. (2) A licensed bail bondsman shall not concurrently be licensed as a solicitor.
3. (3) A bail bondsman shall be a high school graduate or have passed a high school equivalency examination. This requirement is waived for bail bondsmen who were licensed prior to May 21, 2014.
4. (4) A licensed bail bondsman shall not engage in untrustworthy or incompetent conduct.
C. Solicitors.
1. (1) A solicitor shall not concurrently be licensed as a bail bondsman.
2. (2) A solicitor shall not concurrently be employed by more than one bail bondsman and must be registered with the superintendent by the employer bail bondsmen within seven days of employment.
3. (3) The solicitor’s license shall cover the kinds of bail bonds for which the employer bail bondsman is licensed.
4. (4) A solicitor employed by a limited surety agent shall not sign surety bail bonds.
5. (5) A licensed solicitor shall not engage in untrustworthy or incompetent conduct.
D. Revocation of license. The superintendent shall suspend or revoke a license of a bondsman or a solicitor if there is a finding of conduct that was a source of injury or loss to the public, including a finding that the bondsman or solicitor licensee:
(1) is unfit to engage in the bail bond business;
1. (2) has engaged in actions that are detrimental to the public interest;
2. (3) is no longer engaging in business in good faith;
3. (4) is guilty of offering a rebate on commissions as surety agent or property bondsman; or
4. (5) has made false representation regarding the requirements and compliance with the bail bondsmen licensing law.
E. Fines and penalties. The superintendent may impose a fine not to exceed $1,000.00 for each violation and may also impose a penalty pursuant to Section 59A-1-16 NMSA 1978.
[13 NMAC 20.2.8 - Rp, 13.20.2.8 NMAC, 7/11/17]