Current through Register Vol. 35, No. 18, September 24, 2024
A. The examination and reciprocity committee
shall make its recommendations to the board regarding the qualifications of
applicants for registration. A majority vote of the board shall be required in
determining those applicants qualified for registration.
B. The applicant shall be of good character
and repute. Factors that the board may consider under this qualification are:
(1) misstatement or misrepresentation of fact
by the applicant in connection with his or her application;
(2) violation of any of the standards of
conduct required by registration holders and set forth in the statutes or rules
and regulations; or
(3) practicing
architecture without a valid and current registration in the jurisdiction in
which the practice took place; or
(4) Convictions for any of the following
felony 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:
(a) homicide or manslaughter;
(b) trafficking, or trafficking in controlled
substances;
(c) kidnapping, false
imprisonment, aggravated assault or aggravated battery;
(d) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(e) crimes
involving adult abuse, neglect or financial exploitation;
(f) crimes involving child abuse or
neglect;
(g) crimes involving
robbery, larceny, extortion, burglary, bribery, fraud, forgery, embezzlement,
credit card fraud, misuse of public funds, violation of the procurement code,
offering or soliciting an illegal kickback, tampering with public records,
perjury, identity theft, or receiving stolen property;
(h) human trafficking;
(i) driving under the influence or driving
while intoxicated;
(j) using a
forged architectural registration seal pursuant to Subsection A of Sections
61-15-10, et. seq. NMSA 1978;
or
(k) an attempt, solicitation, or
conspiracy involving any of the felonies in this
subsection.
(5) 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.
(6) 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 listed
in Subsection A of this rule.
(7)
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 Architecture 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.
(8) 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:
(a) an arrest not followed by a
valid conviction;
(b) a conviction
that has been sealed, dismissed, expunged or pardoned;
(c) a juvenile adjudication; or
(d) a conviction for any crime other than the
disqualifying criminal convictions listed in Subsection A of this
rule.
C. Rules
and procedures set out herein for obtaining registration in New Mexico apply
equally to residents of the state and non-residents.
D. An oral interview before the board may be
required of any applicant for New Mexico registration.
E. All applicants must pass the New Mexico
architectural jurisprudence exam administered by the board. Failure to answer
all questions may result in a failing grade. An applicant who has failed two
successive architectural jurisprudence exams shall not be eligible to apply for
architectural registration for a period of one year from the date of the last
jurisprudence exam failed.
F. All
registration and application fees are non-refundable.
