A. A state agency, board or commission that issues an occupational or professional license pursuant to Chapter 61 NMSA 1978 shall, as soon as practicable but no later than thirty days after a military service member or a veteran files an application, and provides a background check if required, for a license accompanied by any required fees:
(1) process the application; and
(2) issue a license prima facie to a qualified applicant who submits satisfactory evidence that the applicant holds a license that is current and in good standing, issued by another jurisdiction, including a branch of the armed forces of the United States, and has met minimal licensing requirements that are substantially equivalent to the licensing requirements for the occupational or professional license that the applicant applies for pursuant to Chapter 61 NMSA 1978.
B. A license issued pursuant to this section is not a provisional license and shall confer the same rights, privileges and responsibilities as a license issued pursuant to Chapter 61 NMSA 1978.
C. A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance and the renewal of a license pursuant to Chapter 61 NMSA 1978. Upon the issuance of a license pursuant to this section, the issuing state agency, board or commission shall notify the license holder of the requirements for renewing the license in writing.
D. Notwithstanding the provisions of Subsection A of this section, a military service member or a veteran who is issued a license pursuant to this section shall not be charged a licensing fee for the first three years a license issued pursuant to this section is valid.
E. Each state agency, board or commission that issues a license or certificate to practice a trade or profession shall, upon the conclusion of the state fiscal year, prepare a report on the number and type of licenses or certificates that were issued during the fiscal year under this section. The report shall be provided to the director of the office of military base planning and support not later than ninety days after the end of the fiscal year.
F. As used in this section:
(1) "license" means a license, registration, certificate of registration, certificate, permit or certification;
(2) "licensing fee" means a fee charged at the time an application for a professional or occupational license is submitted to the state agency, board or commission and any fee charged for the processing of the application for such license; "licensing fee" does not include a fee for an annual inspection or examination of a licensee or a fee charged for copies of documents, replacement licenses or other expenses related to a professional or occupational license;
(3) "military service member" means a person who is:
(a) serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard;
(b) the spouse of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member's death was serving on active duty; or
(c) the child of a person who is serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard; provided that child is also a dependent of that person for federal income tax purposes; and
(4) "veteran" means a person who has received an honorable discharge or separation from military service.
History: Laws 2013, ch. 33, § 1; 2020, ch. 6, § 5; 2021, ch. 92, § 8.
The 2021 amendment, effective June 18, 2021, amended the existing provision, which provides for expedited licensure and waiver of certain fees for military service members, to include all veterans, shortened the time in which the state agency, board or commission that issues an occupational or professional license must process an application from a military service member or veteran, defined "license", as used in this section, and revised the definition of "veteran", removed the definition of "recent veteran", and revised the definition of "military service member" to include a surviving spouse of a member who at the time of the member's death was serving on active duty; after "dependents", added "and veterans", and after "waiver of fees", deleted "recent veterans"; in Subsection A, after "no later than", changed "sixty" to "thirty", and after "provides", deleted "all of the documents required for the application" and added "a background check if required", and in Paragraph A(2), after "issue a license", added "prima facie"; in Subsection D, deleted "recent" preceding "veteran"; added a new Subsection E and redesignated former Subsection E as Subsection F; and in Subsection F, added Paragraph F(1) and redesignated former Paragraphs E(1) through E(3) as Paragraphs F(2) through F(4), respectively, in Paragraph F(3), Subparagraph F(3)(a), after "United States", added "as an active duty member", in Subparagraph F(3)(b), after "national guard", added "or a surviving spouse of a member who at the time of the member's death was serving on active duty", in Subparagraph F(3)(c), after "United States", added "as an active duty member", and in Paragraph F(4), deleted "recent" preceding "veteran", and after "military service", deleted "within the three years immediately preceding the date the person applied for a professional or occupational license pursuant to this section".
The 2020 amendment, effective July 1, 2020, required state agencies, boards or commissions that issue occupational or professional licenses to process and issue a license to qualified military service members and recent veterans within sixty days of application, waived the licensing fees for the first three years of a valid license for military service members and recent veterans; defined "licensing fee" and "recent veteran" and amended the definition of "military service member" as used in this section, and after "Chapter 61", deleted "Articles 2 through 34" throughout the section; in the section heading, added "and dependents; waiver of fees; recent"; in Subsection A, after "as soon as practicable", added "but no later than sixty days", after "military service member", deleted "the spouse of a military service member", and after "files an application", added "and provides all of the documents required for the application"; in Subsection B, after "provisional license and", deleted "must" and added "shall"; deleted former Subsections D and E; added a new Subsection D and redesignated former Subsection F as Subsection E; in Subsection E, added a new Paragraph E(1) and redesignated former Paragraph E(1) as Paragraph E(2), in Paragraph E(2), added Subparagraphs E(2)(b) and E(2)(c); and deleted former Paragraph E(2) and added Paragraph E(3).
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-1-3 - Opportunity for licensee or applicant to have hearing.
Section 61-1-3.1 - Limitations.
Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.
Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.
Section 61-1-3.4 - Fingerprints not required for license renewal.
Section 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing.
Section 61-1-5 - Method of service.
Section 61-1-6 - Venue of hearing.
Section 61-1-8 - Rights of person entitled to hearing.
Section 61-1-9 - Powers of board or hearing officer in connection with hearings.
Section 61-1-10 - Enforcement of board orders and contempt procedure.
Section 61-1-11 - Rules of evidence.
Section 61-1-14 - Service of decision.
Section 61-1-15 - Procedure where person fails to request or appear for hearing.
Section 61-1-16 - Contents of decision.
Section 61-1-17 - Petition for review.
Section 61-1-21 - Power of board to reopen the case.
Section 61-1-24 - Power of board to seek injunctive relief.
Section 61-1-25 - Declaratory judgment.
Section 61-1-27 - Amending and repealing.
Section 61-1-28 - Purpose of act; liberal interpretation.
Section 61-1-29 - Adoption of regulations; notice and hearing.
Section 61-1-30 - Emergency regulations; appeal.
Section 61-1-31 - Validity of regulation; judicial review.
Section 61-1-31.1 - Expedited licensure; issuance.
Section 61-1-32 - Petition for adoption, amendment or repeal of regulations.
Section 61-1-33 - Declaratory rulings.
Section 61-1-35 - Occupational or professional licenses and certification; qualification.
Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.