1. A. A person shall not knowingly:

   1. (1) use the name or title of licensed interior designer when the person is not the holder of a current, valid license issued pursuant to the Interior Designers Act;
   2. (2) use or present as the person's own the license of another;
   3. (3) give false or forged evidence to the department or a department employee for the purpose of obtaining a license;
   4. (4) use or attempt to use an interior design license that has been suspended, revoked or placed on inactive status; or
   5. (5) conceal information relative to violations of the Interior Designers Act.
2. B. A person who violates a provision of this section shall be penalized pursuant to the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; provided that a licensee or applicant shall be afforded notice and an opportunity to be heard before the department has authority to take any action that would result in a penalty or fine, including suspension, revocation, denial or withholding of a license or other corrective action.

History: Laws 1989, ch. 53, § 11; 2007, ch. 245, § 6; 2023, ch. 190, § 35.

ANNOTATIONS

The 2023 amendment, effective July 1, 2023, revised the penalty provisions and clarified certain language; in Subsection A, in the introductory clause, deleted "After the results of the first examination held pursuant to the Interior Designers Act are announced, no" and after "shall", added "not"; in Paragraph A(3), after "evidence to the", deleted "board" and added "department", and after "or a", deleted "board member" and added "department employee"; and in Subsection B, after "provision of this section", deleted "is guilty of a misdemeanor and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both imprisonment or fine, in the discretion of the judge" and added "shall be penalized pursuant to the provisions of the Uniform Licensing Act; provided that a licensee or applicant shall be afforded notice and an opportunity to be heard before the department has authority to take any action that would result in a penalty or fine, including suspension, revocation, denial or withholding of a license or other corrective action.".

The 2007 amendment, effective June 15, 2007, changes the reference from interior designer to licensed interior designer.