1. A. 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;
   2. (2) aggravated assault, aggravated battery, kidnapping, false imprisonment, human trafficking, or other crimes of violence against persons;
   3. (3) robbery, larceny, burglary, extortion, receiving stolen property, possession of burglary tools, unlawful taking of a motor vehicle, or other crimes involving theft or appropriation or personal property or funds;
   4. (4) breaking and entering, criminal damage to property, arson, or other related crimes of violence against property;
   5. (5) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, child solicitation, or other crimes constituting sexual offenses;
   6. (6) battery on a peace officer, assault on a peace officer, or other crimes against law enforcement;
   7. (7) trafficking controlled substances;
   8. (8) crimes involving child abuse or neglect;
   9. (9) fraud, forgery, money laundering, embezzlement, credit card fraud, counterfeiting, financial exploitation, or other crimes of altering any instrument affecting the rights or obligations of another;
   10. (10) making a false statement under oath or in any official document;
   11. (11) evasion of a lawful debt or obligation, including but not limited to tax obligations; or
   12. (12) an attempt, solicitation or conspiracy involving any of the felonies in this subsection.
2. B. The board shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying 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 criminal conviction unless the conviction in question is one of the disqualifying criminal convictions 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 Real Estate Appraisers Act or Appraisal Management Company Registration 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 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 16.62.13 NMAC:

      Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives under:

      REAB Rule 13, Discipline: Letter of Reprimand, filed 11/29/1990.

      Rule 14, Discipline: Letter of Reprimand, filed 4/6/1993.

      Rule 14, Discipline: Letter of Reprimand, filed 1/28/1994.

      REAB Rule 14, Refusal, Suspension or Revocation of License or Certificate, filed 11/29/1990.

      Rule 15, Refusal, Suspension or Revocation of License or Certificate, filed 4/6/1993.

      Rule 15, Refusal, Suspension or Revocation of Registration, License or Certificate, filed 1/28/1994.

      History of Repealed Material: [RESERVED]

      Other History:

      Rule 15, Refusal, Suspension or Revocation of Registration, License or Certificate (filed 1/28/1994) was renumbered, reformatted and replaced by 16 NMAC 62.13, Disciplinary Proceedings, effective 10/1/1997.

      16 NMAC 62.13, Disciplinary Proceedings (filed 8/29/1997) was renumbered, reformatted, amended, and replaced by 16.62.13 NMAC, Disciplinary Proceedings, effective 9/13/2004.

[16.62.13.18 NMAC - N, 10/30/2021]