1. A. Retired status - a licensee shall become eligible for retired status with a waiver of renewal fees after meeting all the following qualifications:

   1. (1) retired from active practice;
   2. (2) at least 60 years of age;
   3. (3) have been a licensee for a continuous period of 20 years, at least 10 of which must have been in New Mexico; and
   4. (4) the licensee has filed an application prescribed by the board for retired status prior to the expiration of the license.
2. B. Licensees shall request retired status by letter. In the event the licensee on retired status desires to return to practice, the licensee shall apply to the board, comply with the continuing professional development requirements; and if approved shall pay the appropriate fee.
3. C. Professional engineers and professional surveyors on "retired status" with the board may use the titles "engineer", "surveyor", "professional engineer", "professional surveyor", PE or PS after their names and shall add "(Ret.)" or "(Retired)" after such title.

4. D. Inactive status - a licensee shall become eligible for inactive status with a waiver of renewal fees and professional development requirements after meeting all the following qualifications:

   1. (1) the licensee is not engaged in the respective professions (engineering or surveying) which requires licensure in this jurisdiction;
   2. (2) the licensee has been a licensed professional engineer or surveyor in this jurisdiction for 10 consecutive years;
   3. (3) the licensee has filed an application prescribed by the board for inactive status prior to the expiration of the license.
5. E. In the event a licensee on inactive status desires to return to practice within six years of acquiring inactive status, the licensee shall make proper application to the board, comply with the continuing professional development requirements (a minimum of 30 PDHs) and if approved shall pay the appropriate fee.

6. F. An inactive licensee who has maintained inactive status in excess of six consecutive years may be readmitted to active practice of the profession only upon making proper application and completion of the requirements as prescribed by the board. (In the event an inactive licensee does not maintain a current license in any jurisdiction for the six previous years prior to requesting active status, that person will be required to take the principles and practice of engineering (PE) examination or the principles and practice of surveying (PS) examination and the New Mexico surveying state specific exam.

   HISTORY OF 16.39.1 NMAC:

   Pre-NMAC History: The material in this part is derived from that previously filed with the state records center and archives under: PELS 67-1, New Mexico Engineering Practice Act, filed 6-22-67; PELS 79-1, New Mexico Engineering and Land Surveying Practice Act, filed 10-29-79; PELS 67-2, By-Laws of State Board of Registration for Professional Engineers and Land Surveyors, filed 06-22-67; PELS 68-1, By-Laws of State Board of Registration for Professional Engineers and Land Surveyors, filed 10-07-68; PELS 69-1, By-Laws of State Board of Registration for Professional Engineers and Land Surveyors, filed 07-03-69; PELS 71-1, Rules of Procedure Manual, filed 01-14-71; PELS 73-1, Rules of Procedure Manual, filed 01-04-73; PELS 75-1, Rules of Procedure Manual, filed 12-15-75; PELS 80-1, Regulations and Rules of Procedure, filed 01-28-80; PE/PS Rule No. 89-1, Regulations and Rules of Procedure, filed 08-15-89; Rule 100.1, Regulations and Rules of Procedure - The Board, filed 10-28-94; Rule 100.2, Regulations and Rules of Procedure--Members of the Board, filed 10-28-94; Rule 100.3, Regulations and Rules of Procedure--Meeting of the Board, filed 10-28-94; Rule 100.4, Regulations and Rules of Procedure--Organization of the Board, filed 10-28-94; Rule 100.5, Regulations and Rules of Procedure--Duties of the Board, Officers of the Board, and The Executive Director, filed 10-28-94; Rule 100.6, Regulations and Rules of Procedure--Duties of the Officers of the Professional Engineering and Professional Surveying Committee, filed 10-28-94; Rule 100.7, Regulations and Rules of Procedure--Procedures at Board Meetings and Committee Meetings, filed 10-28-94; Rule 100.8, Regulations and Rules of Procedure--Roster, filed 10-28-94; Rule 100.9, Regulations and Rules of Procedure--Fees, filed 10-28-94; Rule 100.10, Regulations and Rules of Procedure--Status of Registration, filed 10-28-94.

   History of Repealed Material:

   16 NMAC 39.1 (filed 3-31-1998); 16 NMAC 39.1.17.4, 16 NMAC 39.1.17.5, 16 NMAC 39.1.17.6 (filed 01-04-2000) repealed 01/01/2002.

   Other History:

   Rule 100.1, Regulations and Rules of Procedure - The Board (filed 10-28-94); Rule 100.2, Regulations and Rules of Procedure--Members of the Board (filed 10-28-94); Rule 100.3, Regulations and Rules of Procedure--Meeting of the Board (filed 10-28-94); Rule 100.4, Regulations and Rules of Procedure--Organization of the Board (filed 10-28-94); Rule 100.5, Regulations and Rules of Procedure--Duties of the Board, Officers of the Board, and The Executive Director (filed 10-28-94); Rule 100.6, Regulations and Rules of Procedure--Duties of the Officers of the Professional Engineering and Professional Surveying Committee (filed 10-28-94); Rule 100.7, Regulations and Rules of Procedure--Procedures at Board Meetings and Committee Meetings (filed 10-28-94); Rule 100.8, Regulations and Rules of Procedure--Roster (filed 10-28-94) Rule 100.9, Regulations and Rules of Procedure--Fees (filed 10-28-94); and Rule 100.10, Regulations and Rules of Procedure--Status of Registration (filed 10-28-94) all renumbered, reformatted and replaced by 16 NMAC 39.1, General Provisions--Professional Engineering and Surveying--Organization and Administration, effective 04-15-1998.

   16 NMAC 39.1 (filed 03-31-1998) General Provisions--Professional Engineering and Surveying--Organization and Administration, was replaced by 16.39.1 NMAC, General Provisions--Professional Engineering and Surveying--Organization and Administration, effective 01-01-2002.

[16.39.1.17 NMAC - Rp, 16 NMAC 39.1.17, 1/1/2002; A, 7/1/2006; A, 7/1/2015; A, 12/28/2017]