A. The department shall issue a license for a private patrol company to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) if an individual, is of good moral character; or if a legal business entity, the owners, officers or directors of the entity are of good moral character;
(2) if an individual, has not been convicted of a felony offense, an offense involving dishonesty, an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards, or if a legal business entity, the owners, officers or directors of the entity, either singly or collectively, have not been convicted of a felony offense, an offense involving dishonesty or an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and have not been found to have violated professional ethical standards;
(3) has an owner or a licensed private patrol operations manager who manages the daily operations of the private patrol company;
(4) maintains a physical location in New Mexico where records are maintained and made available for department inspection;
(5) maintains a New Mexico registered agent if the applicant is a private patrol company located outside of New Mexico; and
(6) meets all other requirements set forth in the rules of the department.
B. The owner or the chief executive officer of a private patrol company shall maintain a general liability certificate of insurance in an amount required by the department. The department shall suspend the license issued pursuant to this section of a private patrol company that fails to maintain an effective general liability certificate of insurance as required. The department shall not reinstate the license of a private patrol company that has had its license suspended pursuant to this subsection until an application is submitted to the department with the necessary fees and a copy of the private patrol company's general liability certificate of insurance newly in effect. The department may deny an application for reinstatement of a private patrol company's license, notwithstanding the applicant's compliance with this subsection for:
(1) a reason that would justify a denial to issue a new private patrol company license or that would be cause for a suspension or revocation of a private patrol company's license; or
(2) the performance by the applicant of an act requiring a license issued pursuant to the Private Investigations Act while the applicant's license is under suspension for failure to maintain the applicant's general liability certificate of insurance in effect.
History: Laws 2007, ch. 115, § 11.
Cross references. — For definition of "private patrol company", see 61-27B-2 NMSA 1978.
Compiler's note. — Laws 2007, ch. 115, § 11 was enacted as a new section 61-27A-6.4 NMSA 1978. It has been codified by the compiler of the NMSA 1978 as a new section 61-27B-11 NMSA 1978. See the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.
Effective dates. — Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-27B-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-27B-3 - License required. (Repealed effective July 1, 2024.)
Section 61-27B-4 - Persons exempted. (Repealed effective July 1, 2024.)
Section 61-27B-5 - Administration of act; rules. (Repealed effective July 1, 2024.)
Section 61-27B-7 - Requirements for licensure. (Repealed effective July 1, 2024.)
Section 61-27B-13 - Polygraph examiner. (Repealed effective July 1, 2024.)
Section 61-27B-15 - Security guard; levels of registration. (Repealed effective July 1, 2024.)
Section 61-27B-20 - Fees. (Repealed effective July 1, 2024.)
Section 61-27B-21 - License and registration renewal. (Repealed effective July 1, 2024.)
Section 61-27B-22 - Display of license; notification of changes. (Repealed effective July 1, 2024.)
Section 61-27B-24 - Bond required. (Repealed effective July 1, 2024.)
Section 61-27B-25 - Prohibited acts. (Repealed effective July 1, 2024.)
Section 61-27B-27 - Hearing; penalties. (Repealed effective July 1, 2024.)
Section 61-27B-28 - License not transferable. (Repealed effective July 1, 2024.)
Section 61-27B-29 - Local regulations. (Repealed effective July 1, 2024.)
Section 61-27B-30 - Fund established. (Repealed effective July 1, 2024.)
Section 61-27B-31 - Firearms. (Repealed effective July 1, 2024.)
Section 61-27B-32 - Penalties. (Repealed effective July 1, 2024.)
Section 61-27B-33 - Reciprocity. (Repealed effective July 1, 2024.)
Section 61-27B-34 - Background investigations. (Repealed effective July 1, 2024.)
Section 61-27B-35 - Temporary provision; transition.
Section 61-27B-36 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)