New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS
Part 1 - GENERAL PROVISIONS
Section 16.48.1.11 - LICENSURE EXEMPTIONS
Universal Citation: 16 NM Admin Code 16.48.1.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. As used in this section, "temporary" means a period of time not to exceed the duration of one private event or one school or nonprofit organization event, as described in Paragraphs (2) and (3) of Subsection B of this section.
B. The Private Investigations Act does not apply to:
(1) an individual employed
exclusively and regularly by one employer in connection with the affairs of
that employer, provided that the individual patrols or provides security only
on the premises of the employer as limited by the employer;
(2) an individual employed exclusively to
provide temporary security at a private event that is not open to the
public;
(3) individuals providing
temporary security at athletic or other youth events and where the events occur
under the auspices of a public or private school or a nonprofit
organization;
(4) an attorney
licensed in New Mexico conducting private investigations while engaged in the
practice of law;
(5) an officer or
employee of the United States or this state or a political subdivision of the
United States or this state while that officer or employee is engaged in the
performance of the officer's or employee's official duties or an employee
working exclusively on federal government property for a private patrol company
contracting with the federal government and the security guard has training
that exceeds state requirements unless the federal government contract requires
state licensing;
(6) a person
engaged exclusively in the business of obtaining and furnishing information
concerning the financial rating of persons;
(7) a charitable philanthropic society or
association duly incorporated under the laws of this state that is organized
and maintained for the public good and not for private profit;
(8) a licensed collection agency or an
employee of the agency while acting within the scope of employment while making
an investigation incidental to the business of the agency, including an
investigation of the location of a debtor or the debtor's property;
(9) admitted insurers, adjusters, agents and
insurance brokers licensed by the state performing duties in connection with
insurance transactions by them; or
(10) an institution subject to the
jurisdiction of the director of the financial institutions division of the
department or the comptroller of currency of the United States.
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