1. A. Felony convictions for any of the following offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the board:

   1. (1) homicide or manslaughter;
   2. (2) kidnapping, false imprisonment, aggravated assault or aggravated battery;
   3. (3) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, or other related felony sexual offenses;
   4. (4) crimes involving child abuse or neglect;
   5. (5) crimes involving fraud, forgery, embezzlement, credit card fraud, or receiving stolen property; or
   6. (6) an attempt, solicitation, or conspiracy involving any of the felonies in this subsection.
2. B. The board shall not consider the fact of a felony criminal conviction as part of an application for licensure unless the felony conviction in question is one of the disqualifying felony criminal convictions listed in Subsection A of this rule.
3. C. The board shall not deny, suspend or revoke a license on the sole basis of a felony criminal conviction unless the felony conviction in question is one of the disqualifying felony criminal convictions listed in Subsection A of this rule.
4. D. Nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual’s conduct to the extent that such conduct violated the Barbers and Cosmetologists Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying felony criminal convictions listed in Subsection A of this rule.

5. E. In connection with an application for licensure, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

   1. (1) an arrest not followed by a valid conviction;
   2. (2) a conviction that has been sealed, dismissed, expunged or pardoned;
   3. (3) a juvenile adjudication; or

   4. (4) a conviction for any crime other than the disqualifying criminal convictions listed in Subsection A of this rule.

      HISTORY OF 16.34.2 NMAC:

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

      Article I, Licensing, 12/21/1981

      Rule 1, Licensing, 3/8/1990

      Rule 1, Licensing, 3/9/1992

      Rule 1, Licensing, 10/19/1993

      Rule 1, Licensing, 5/23/1995

      BBE Rule 86-1, Board of Barber Examiners, Rules and Regulations - 1986, 6/27/1986

      BBE Rule 87-1, NM Board of Barber Examiners, Rules and Regulations - 1987, 11/4/1987

      BBE Rule 88-1, NM Board of Barber Examiners, Rules and Regulations - 1988, 10/4/1988

      History of Repealed Material:

      16 NMAC 34.2, Licensing - Repealed, 6/16/2001

[16.34.2.15 NMAC - N, 4/15/2022]