1. A. Disciplinary action: If an applicant or registrant is not in compliance with a judgment and order for support, the board:

   1. (1) shall deny an application for registration;
   2. (2) shall deny the renewal of a registration; and
   3. (3) has grounds for suspension or revocation of the registration.
2. B. Certified list: Upon receipt of HSD’s certified list of obligors not in compliance with a judgment and order for support, the board shall match the certified list against the current list of board registrants and applicants. Upon the later receipt of an application for registration or renewal, the board shall match the applicant against the current certified list. By the end of the month in which the certified list is received, the board shall report to HSD the names of board applicants and registrants who are on the certified list and the action the board has taken in connection with such applicants and registrants.

3. C. Initial action: Upon determination that an applicant or registrant appears on the certified list, the board shall:

   1. (1) commence a formal proceeding under Subsection D of 16.30.5.12 NMAC to take appropriate action under Subsection A of 16.30.5.12 NMAC; or
   2. (2) for current registrants only, informally notify the registrant that the registrant’s name is on the certified list and that the registrant must provide the board with a subsequent statement of compliance from HSD by the earlier of the date of application for registration renewal or a specified date not to exceed 60 days; if the registrant fails to provide this statement, the board shall commence formal proceedings under Subsection D of 16.30.5.12 NMAC.

4. D. Notice of contemplated action: Prior to taking any action specified in Subsection A of 16.30.5.12 NMAC, the board shall serve upon the applicant or registrant a written notice stating that:

   1. (1) the board has grounds to take such action, and that the board shall take such action unless the registrant or applicant mails a letter (certified mail, return receipt requested) within 20 days after service of the notice requesting a hearing; or provides the board within 30 days of the date of the notice, with a statement of compliance from HSD.
   2. (2) if the applicant or registrant disagrees with the determination of non-compliance, or wishes to come into compliance, the applicant or registrant should contact the HSD child support enforcement division.

5. E. Evidence and proof: In any hearing under 16.30.5.12 NMAC, relevant evidence is limited to the following:

   1. (1) statement of non-compliance is conclusive evidence that requires the board to take action under Subsection A of 16.30.5.12 NMAC, unless:
   2. (2) the applicant or registrant provides the board with a subsequent statement of compliance which shall preclude the board from taking action under this rule.
6. F. Order: When a disciplinary action is taken under this rule solely because the applicant or registrant is not in compliance with a judgment and order for support, the order shall state the application or registration shall be reinstated upon presentation of a subsequent statement of compliance. The board may also include any other conditions necessary to comply with board requirements for re-applications or reinstatement of lapsed registrations.

7. G. Procedures: Procedures under 16.30.5.12 NMAC shall be governed by the Uniform Licensing Act, Sections 61-1-1 through -33 NMSA 1978.

   HISTORY OF 16.30.5 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:

   BEA 68-1, Architectural Law and Rules and Regulations, 7/1/1968.

   BEA 69-1, Architectural Law and Rules and Regulations, 6/17/1969.

   BEA 70-1, Architectural Law and Rules and Regulations, 7/28/1970.

   BEA 74-1, Roster of Registered Architects Laws Rules Regulations, 8/30/1974.

   BEA 78-1, Board of Examiners for Architects, 9/19/1978.

   NMBEA 85-1, Architectural Act Rules and Regulations, 2/7/1985.

   NMBEA 86-1, Architectural Act Rules and Regulations, 4/91986.

   NMBEA 88-1, State of New Mexico Board of Examiners for Architects Rules and Regulations, 6/22/1988.

   NMBEA 89-1, State of New Mexico Board of Examiners for Architects Rules and Regulations, 11/28/1989.

   Regulation No. NMBEA 90-1, State of New Mexico Board of Examiners for Architects Rules and Regulations, 8/14/1990.

   NMBEA Rule 4, NCARB Examinations, 6/23/1980.

   History of Repealed Material:

   16 NMAC 30.5, Enforcement - Repealed, 9/6/2001.

[16.30.5.12 NMAC - Rp, 16 NMAC 30.5.10, 9/6/2001]