1. A. A person who knowingly uses a forged architectural registration seal on a document for the purpose of permitting the constructing of a building for human habitation or occupancy is guilty of a fourth degree felony, punishable pursuant to Section 31-18-15 NMSA 1978.

2. B. Each of the following acts constitutes a misdemeanor, punishable pursuant to Section 31-19-1 NMSA 1978:

   1. (1) willfully forging or giving false evidence of any kind to the board or any board member for the purpose of obtaining a certificate of registration as an architect;
   2. (2) using or attempting to use an expired, suspended or revoked certificate of registration as an architect;
   3. (3) using or permitting another to use the person's official architect's seal to stamp or seal any documents that have not been prepared either by the architect or the architect's responsible charge;
   4. (4) engaging or offering to engage in the practice of architecture, unless exempted or duly registered to do so under the Architectural Act;

   5. (5) using a designation tending to imply to the public that the person is an architect unless:

      1. (a) the person is duly registered to do so under the provisions of the Architectural Act;
      2. (b) the title containing the designation is allowed by rule of the board; or
      3. (c) the title containing the designation does not imply that the person using the designation, when describing occupation, business name or services, is offering to perform architectural services; or
   6. (6) procuring, aiding or abetting any violation of the provisions of the Architectural Act or the rules adopted by the board.

3. C. If, after a disciplinary hearing conducted in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board determines that based on the evidence, a person committed a violation pursuant to the Architectural Act, the board, in addition to any other sanction, shall issue an order that imposes a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation on the person. In determining the amount of the civil penalty, the board shall consider:

   1. (1) the seriousness of the violation;
   2. (2) the degree of harm inflicted on individuals or the public;
   3. (3) the economic benefit received by the person due to the violation;
   4. (4) the person's history of violations; and
   5. (5) any other aggravating or mitigating factors relating to the violation.

History: 1978 Comp., § 61-15-10, enacted by Laws 1979, ch. 362, § 8; 1987, ch. 282, § 11; 1999, ch. 263, § 8; 2017, ch. 107, § 6; 2022, ch. 39, § 68.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.

Cross references. — For ceding fines to the current school fund, see N.M. Const., art. XII, § 4.

The 2022 amendment, effective May 18, 2022, clarified that the board of examiners for architects is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; and in Subsection C, after "disciplinary hearing", added "conducted in accordance with the Uniform Licensing Act".

The 2017 amendment, effective June 16, 2017, provided that the board of examiners for architects shall impose civil penalties not to exceed seven thousand five hundred dollars ($7,500) for each violation of the Architectural Act, and provided considerations for determining the amount of the civil penalty; and added Subsection C.

The 1999 amendment, effective June 18, 1999, added Subsection A, redesignated the formerly undesignated introductory language of the section as the introductory language of Subsection B, and in that language, substituted "pursuant to Section 31-19-1 NMSA 1978" for "upon conviction by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) or by imprisonment not to exceed three months or both"; redesignated the former subsections as numbered paragraphs under Subsection B; deleted former Subsection A, which read "presenting or attempting to file as his own the certificate of registration as an architect of another person"; deleted former Subsection C, which read "falsely impersonating any other practitioner"; deleted "as defined in Section 61-15-2 NMSA 1978" following "practice of architecture" in Subsection B(4); rewrote Subsection B(5), which formerly read "using in connection with his name any designation tending to imply that he is a registered or licensed architect"; and added Subsection B(6).

The 1987 amendment, effective June 19, 1987, in the opening clause substituted "two hundred fifty dollars ($250) or more than one thousand ($1,000)" for "one hundred dollars ($100) nor more than five hundred dollars ($500)", in Subsection F substituted "registered" for "licensed" following "unless exempted or duly"; and made minor language changes throughout the section.

Designation "architect" restricted to those registered. — The designation of "architect" may not be used by any individual or firm in New Mexico not registered as such in this state. 1949 Op. Att'y Gen. No. 49-5241.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Architects § 23 et seq.

6 C.J.S. Architects § 3.