SB 247 — UNIFORM LICENSING ACT CHANGES

"[suspend a license] suspension" means to prohibit, for a stated period of time, the conduct authorized by the license.

["Suspend a license" also means to allow, for a stated period of time, the conduct authorized by the license, subject to conditions that are reasonably related to the grounds for suspension.]" SECTION 2.

h A.

denial of permission to take an examination for g o licensing for which a complete application has been properly t hr g e i k made as required by board rule;

h r i s B.

denial of a license after examination for any h , t, cause other than failure to pass an examination;

e u g e b l e e h C.

denial of a license for which a complete n d d i = = o h application has been properly made as required by board rule on l ] b ,d i a º e the basis of expedited licensure,licensure , reciprocity or endorsement or r i = r t e w d m a n o acceptance of a national certificate of qualification;

ed tm 17: D.

withholdingb thee renewald ofs aº licenseo fort whichn a= w.225518.2AIC lFebruary n27, d2023 18(12:22pm) completes applicationk hasm beene properly- made4 for- anye causea othern =e =d 19r than:e l u [ A d SJC/SB 247 D.

withholding the renewal of a llicense ifor which a ecomplete rapplication 20has (1)been failureproperly tomade payfor any requiredcause renewalother fee;than:

a(1) t m m 21 (2) failure to meetpay continuingany educationrequired drenewal rfee; e 22 requirements;

or(2) cfailure eto smeet kcontinuing 23education (3)requirements; issuance of a temporary license extension e a n b 24 if authorized by statute;

uor [(3) E.issuance of a temporary license extension if authorized by statute;

E.

.225518.2 - 4 - SJC/SB 247 F.

monitoring of the practice by a supervisor approved by the board, excluding supervision required for h initial licensure;

g o J.

the censure or reprimand of the licensee or t hr g e applicant, including an action that constitutes formal i k h r i s discipline or is subject to reporting to a state or national h , t, organization;

e u g e b l K.

compliance with conditions of probation or e e h n d d i suspension for a specific period of time;

= = o h l ] b ,d i a º e L.

payment of a fine [for a violation not to exceed r i = r t e w d one thousand dollars ($1,000) for each violation, unless a em ta 17n greatero amountd ism provided: by law];

wb le d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 5 - e a n e d 18r M.e l u [ A d SJC/SB 247 greater amount is provided by law ];

M.

or = = 19 N.

a refund to the consumer of fees that were a l i a e r 20 billed to and collected from the consumer by the licensee." a t m m 21 SECTION 3.

Section 61-1-3.1 NMSA 1978 (being Laws 1981, d r e 22 Chapter 349, Section 3, as amended) is amended to read:

c e s k 23 "61-1-3.1.

LIMITATIONS.-- e a n b 24 A.

An action that would have any of the effects u [ specified in Subsections D through N of Section 61-1-3 NMSA .225518.2 - 5 - SJC/SB 247 1978 or an action related to unlicensed activity shall not be initiated by a board later than two years after the discovery by the board of the conduct that would be the basis for the action, except as provided in [Subsection C of]of ] this section or otherwise provided by law.

Discovery by the board is considered the date on which a complaint or other information that would reasonably connect the allegations to the person was h received by a board or board staff.

g o B.

The time limitation contained in Subsection A of t hr g e i k this section shall be tolled by any civil or criminal h r i s litigation in which the licensee or applicant is a party h , t, arising from substantially the same facts, conduct or e u g e b l e e h transactions that would be the basis for the board's action.

n d d i = = o h C.

The New Mexico state board of psychologist l ] b ,d i a º e examiners shall not initiate an action that would result in any ofr thei actions= specifiedr int Subsections D through N of Section e tw 17d 61-1-3m NMSAa 1978n latero than five years after the conduct of the wactions lspecified nin dSubsections 18D psychologistthrough orN psychologistof associateSection thatd ism the: basis for = = 19 the action.

However,b if the conduct that is the basis for the a l i a e rd 20s actionº involveso at minorn or= a.225518.2AIC personFebruary adjudicated27, incompetent,2023 a(12:22pm) ts mk m 21e the- action6 shall- bee initiated, in the case of a minor,n noe later d r e 22l thanu one[ yearA afterd theSJC/SB minor's247 eighteenth61-1-3 birthdayNMSA or1978 fivelater cthan efive s k 23 years after the conduct,conduct whichever is last and, in the case of e a n b 24 a person adjudicated incompetent, one year after the upsychologist [or adjudicationpsychologist ofassociate incompetencethat is terminatedthe orbasis fivefor years after .225518.2 - 6 - SJC/SB 247 the conduct,action. whichever is last.

However, if the conduct that is the basis for the action involves a minor or a person adjudicated incompetent, the action shall be initiated, in the case of a minor, no later than one year after the minor's eighteenth birthday or five years after the conduct, whichever is last and, in the case of a person adjudicated incompetent, one year after the adjudication of incompetence is terminated or five years after the conduct, whichever is last.

The New Mexico public accountancy board shall not initiate an action under the 1999 Public Accountancy Act that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than two years following the discovery by the board of a violation of that act." h SECTION 4.

Section 61-1-3.2 NMSA 1978 (being Laws 2003, g o Chapter 334, Section 3) is amended to read:

t hr g e "61-1-3.2.

UNLICENSED ACTIVITY--DISCIPLINARY i k h r i s PROCEEDINGS--CIVIL PENALTY.-- h , t, A.

A person who is not licensed to engage in a e u g e b l profession or occupation regulated by a board is subject to e e h n d d i disciplinary proceedings by the board.

= = o h l ] b ,d i a º e B.

A board may impose a civil penalty in an amount notr toi exceed= [oner thousandt dollars ($1,000)] ten thousand e t 17 dollars ($10,000) for each violation against a person who, w l n d 18not withoutto [a]exceed an[one activethousand license,dollars engages($1,000) in] aten professionthousand orm =a =n 19o occupationd regulatedm by: the board.

[Inb addition,e thed boards mayº ao lt in = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 7 - e a n e d r 20e assessl theu person[ A d SJC/SB 247 dollars ($10,000) for administrativeeach costs,violation includingagainst a tperson mwho, mwithout 21[a investigative] costsan andactive thelicense, costengages ofin conducting a hearing.]"profession dor roccupation eregulated 22by SECTIONthe 5.board.

Section[In 61-1-3.4addition, NMSAthe 1978board (beingmay Lawsassess 2019,the cperson efor sadministrative kcosts, 23including Chapterinvestigative 209,costs Sectionand 4)the iscost amendedof toconducting read:a hearing.]" SECTION 5.

eSection a61-1-3.4 nNMSA b1978 24(being "61-1-3.4.Laws 2019, Chapter 209, Section 4) is amended to read:

FINGERPRINTS"61-1-3.4. NOT REQUIRED FOR LICENSE u [ RENEWAL.--When a professional or occupational board requires .225518.2 - 7 - SJC/SB 247 submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required by law or rule of the board." SECTION 6.

SectionFINGERPRINTS 61-1-3.5NOT NMSAREQUIRED 1978FOR (beingLICENSE LawsRENEWAL.--When 2022,a Chapterprofessional 39,or Sectionoccupational 3)board isrequires amendedsubmission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to read:submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required by law or rule of the board ." SECTION 6.

"61-1-3.5.Section 61-1-3.5 NMSA 1978 (being Laws 2022, h Chapter 39, Section 3) is amended to read:

INCOMPLETEg APPLICATION--NOTICE--EXPIRATION.--o An"61-1-3.5. application for licensure is considered incomplete if it is submitted on an application form missing required information or without providing required supporting documentation.

IfINCOMPLETE aAPPLICATION--NOTICE--EXPIRATION.-- boardt orhr ag board'se designeei deemsk anAn application for licensure incomplete,is theconsidered boardincomplete orif designeeit shallis notifyh ther applicanti withins thirtysubmitted dayson [includingan theapplication waysform inmissing which]required frominformation theh date, thet, application was received by the board or designeewithout andproviding erequired tsupporting 17documentation. include how the application is incomplete and what is needed to w l n d 18 complete the application.

AnIf incompletea e u g e b l e e h board or a board's designee deems an application expiresfor licensure n d d i = = 19o [after]h oneincomplete, yearthe fromboard theor datedesignee shall notify the applicationapplicant wasl first] ab l,d i a º e rwithin 20thirty receiveddays by[including the board."ways ain which ] from the date r i = r t me w d m 21a SECTIONn 7.o the application was received by the board or designee and d m :

Sectionb 61-1-4e NMSAd 1978s (beingº Lawso 1957,t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 8 - e a n e d r e 22l Chapteru 247,[ SectionA 4,d asSJC/SB amended)247 include how the application is amendedincomplete and what is needed to read:complete the application.

cAn eincomplete sapplication kexpires 23[after] "61-1-4.one year from the date the application was first received by the board." SECTION 7.

NOTICESection OF61-1-4 CONTEMPLATEDNMSA BOARD1978 ACTION--REQUEST(being FORLaws e1957, aChapter n247, bSection 244, HEARING--NOTICEas OFamended) HEARING.--is uamended [to A.read:

When"61-1-4. investigating complaints against licensees, .225518.2 - 8 - SJC/SB 247 applicants or unlicensed persons, a board may issue civil investigative subpoenas prior to the issuance of a notice of contemplated action as provided in this section.

NOTICE OF CONTEMPLATED BOARD ACTION--REQUEST FOR HEARING--NOTICE OF HEARING.-- A.

When investigating complaints against licensees, applicants or unlicensed persons , a board may issue civil investigative subpoenas prior to the issuance of a notice of contemplated action as provided in this section.

When a board contemplates taking an action of a type specified in Subsection A, B or C of Section 61-1-3 NMSA h 1978, it shall serve upon the applicant a written notice g o containing a statement:

t hr g e (1) that the applicant has failed to satisfy i k h r i s the board of the applicant's qualifications to be examined or h , t, to be issued a license, as the case may be;

e u g e b l (2) indicating in what respects the applicant e e h n d d i has failed to satisfy the board;

(3)= that= theo applicanth mayl secure] ab hearing,d beforei thea boardº bye depositing(3) inthat the mailapplicant withinmay twentysecure daysa ehearing tr 17i after= servicer oft thee notice a certified return receipt w l n d 18before requestedthe letterboard addressedby todepositing in the boardmail andwithin containingtwenty adays =m =a 19n requesto ford am hearing;:

andb ae ld is º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 9 - e a n e d r 20e (4)l callingu the[ applicant'sA attentiond toSJC/SB 247 after service of the notice a tcertified mreturn mreceipt 21requested applicant'sletter rightsaddressed underto Sectionthe 61-1-8board NMSAand 1978.containing a request for a hearing;

dand r(4) ecalling 22the C.applicant's attention to the applicant's rights under Section 61-1-8 NMSA 1978.

InC. a board proceeding to take an action of a c e s k 23 type specified in Subsection A, B or C of Section 61-1-3 NMSA e a n b 24 1978, the burden of satisfying the board of the applicant's u [ qualifications shall be upon the applicant.

.225518.2In -a 9board -proceeding SJC/SBto 247take D.an action of a type specified in Subsection A, B or C of Section 61-1-3 NMSA 1978, the burden of satisfying the board of the applicant's qualifications shall be upon the applicant.

WhenD. a board contemplates taking an action of a type specified in Subsections D through N of Section 61-1-3 NMSA 1978 or Section 61-1-3.2 NMSA 1978, it shall serve upon the licensee, applicant or unlicensed person a written notice containing a statement:

(1)When thata the board hascontemplates sufficienttaking evidencean that,action ifof nota rebuttedtype specified in Subsections D through N of Section 61-1-3 NMSA 1978 or explained,Section [will]61-1-3.2 mayNMSA justify1978 the, boardit inshall takingserve upon the contemplatedlicensee, action;applicant or unlicensed person a written notice containing a statement:

(2)(1) indicatingthat the generalboard naturehas ofsufficient the evidence andthat, allegations,if includingnot specificrebutted laws or rulesexplained, that[will are] allegedmay tojustify havethe beenh violated;board in taking the contemplated action;

(3)g thato unless(2) indicating the licensee,general applicantnature or unlicensed person within twenty days after service of the noticet depositshr ing thee maili ak certifiedevidence return receipt requested letter addressed to the board and containingallegations, aincluding requestspecific forlaws aor hearing,rules thethat boardh [shall]r mayi takes theare ealleged tto 17have contemplatedbeen action;violated;

andh w, t, (3) that unless the licensee, applicant or e u g e b l ne de 18h (4)unlicensed callingperson within twenty days after service of the licensee's,n applicant'sd ord i = = 19o unlicensedh person'snotice attentiondeposits toin the [licensee's]mail rightsa [as]certified areturn receipt l ] b ,d i a º e requested letter addressed to the board and containing a r 20i provided= inr Sectiont 61-1-8e NMSAw 1978.d request for a hearing, the board [shall ] may take the m a n o d m :

ab e d s º o t mn = .225518.2AIC February 27, 2023 (12:22pm) s k m 21e E.- 10 - e a n e d r e l u [ A d SJC/SB 247 contemplated action;

Exceptand as(4) providedcalling in Section 61-1-15 NMSA 1978, d r e 22 if the licensee,licensee's, [or]applicant's applicant or unlicensed personperson's doesattention notto c e s k 23 mail a request for a hearing within the time[licensee's] andrights in[as] theprovided manner e a n b 24 required by this section, the board may take the action u [ contemplated in theSection notice61-1-8 andNMSA such1978. action shall be final and .225518.2 - 10 - SJC/SB 247 not subject to judicial review as a matter of right.

E.

Except as provided in Section 61-1-15 NMSA 1978, if the licensee, [or ] applicant or unlicensed person does not mail a request for a hearing within the time and in the manner required by this section, the board may take the action contemplated in the notice and such action shall be final and not subject to judicial review as a matter of right .

If the licensee, [or][or ] applicant or unlicensed person does mail a request for a hearing as required by this section, the board shall, within twenty days of receipt of the request, notify the licensee, [or][or ] applicant or unlicensed person of the time and place of hearing, the name of the person who shall conduct the hearing for the board and the statutes h and rules authorizing the board to take the contemplated g o action.

The hearing shall be held not more than sixty nor less t hr g e than fifteen days from the date [of service of]of ] the notice of i k h r i s hearing is deposited in the mail, certified return receipt h , t, requested, or the date of personal service.

e u g e b l [G.

Licensees shall bear all costs of disciplinary e e h n d d i proceedings unless they are excused by the board from paying = = o h l ] b ,d i a º e all or part of the fees or if they prevail at the hearing and r i = r t e w d an action specified in Section 61-1-3 NMSA 1978 is not taken by em ta 17n theo board.d m :

wb le d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 11 - e a n e d 18r H.]e G.l u [ A d SJC/SB 247 the board.

AllH.] finesG. collected by a board shall be = = 19 deposited to the credit of the current school fund as provided a l i a e r 20 in Article 12, Section 4 of the constitution of New Mexico." a t m m 21 SECTION 8.

SectionAll 61-1-5fines NMSAcollected 1978by (beinga Lawsboard 1957,shall dbe rdeposited eto 22the Chaptercredit 247,of Sectionthe 5,current school fund as amended)provided isin amendedArticle to12, read:Section 4 of the constitution of New Mexico." SECTION 8.

cSection e61-1-5 sNMSA k1978 23(being "61-1-5.Laws 1957, Chapter 247, Section 5, as amended) is amended to read:

METHOD"61-1-5. OF SERVICE.--Any notice required to be e a n b 24 served by Section 61-1-4 or 61-1-21 NMSA 1978 and any decision u [ required to be served by Section 61-1-14 or 61-1-21 NMSA 1978 .225518.2 - 11 - SJC/SB 247 may be served either personally or by certified mail, return receipt requested, directed to the licensee, [or] applicant or unlicensed person at [his] the last [know] known address as shown by the records of the board.

METHOD OF SERVICE.--Any notice required to be served by Section 61-1-4 or 61-1-21 NMSA 1978 and any decision required to be served by Section 61-1-14 or 61-1-21 NMSA 1978 may be served either personally or by certified mail, return receipt requested, directed to the licensee, [or ] applicant or unlicensed person at [his] the last [know] known address as shown by the records of the board.

If the notice or decision is served personally, service shall be made in the same manner as is h provided for service by the Rules of Civil Procedure for the g o District Courts.

Where the notice or decision is served by t hr g e i k certified mail, it shall be deemed to have been served on the h r i s date borne by the return receipt showing delivery or the last h , t, attempted delivery of the notice or decision to the addressee e u g e b l e e h or refusal of the addressee to accept delivery of the notice or n d d i = = o h decision.

Service of correspondence sent by a licensee, l ] b ,d i a º e applicant or unlicensed person through other methods, including electronicr maili or= physicalr mail,t shoulde bew reasonablyd acceptedm ea tn 17o andelectronic processedmail byor thephysical board."mail, wshould lbe nreasonably accepted d 18m SECTION: 9.

Sectionb 61-1-6e NMSAd 1978s (beingº Lawso 1957,t =n = 19.225518.2AIC ChapterFebruary 247,27, Section2023 6)(12:22pm) iss amendedk tom read:e - 12 - e a n e d r e l u [ A d SJC/SB 247 and processed by the board.

a" lSECTION i9. a e r 20 "61-1-6.

VENUESection OF61-1-6 HEARING.--BoardNMSA hearings1978 held(being [under]Laws a1957, tChapter m247, mSection 216) pursuant to provisions of the Uniform Licensing Act shall be d r e 22 conducted at the election of the board in the county in which c e s k 23 [the person whose license is involved]amended theto licensee,read: applicant e a n b 24 or unlicensed person maintains [his] residence or [at the u [ election of the board] in [any] a county in which the act [or .225518.2 - 12 - SJC/SB 247 acts] complained of occurred;

"61-1-6.

VENUE OF HEARING.--Board hearings held [under] pursuant to provisions of the Uniform Licensing Act shall be conducted at the election of the board in the county in which [the person whose license is involved ] the licensee, applicant or unlicensed person maintains [his] residence or [at the election of the board] in [any] a county in which the act [or acts] complained of occurred;

In any case, however, the person whose license or application is involved or the person who performed the unlicensed act and the board may agree that the hearing is to be held in some other county or by virtual remote means." h SECTION 10.

Section 61-1-7 NMSA 1978 (being Laws 1957, g o Chapter 247, Section 7, as amended) is amended to read:

t hr g e "61-1-7.

HEARING OFFICERS--HEARINGS--PUBLIC--EXCEPTION-- i k h r i s EXCUSAL--PROTECTION OF WITNESS AND INFORMATION.-- h , t, A.

All hearings [under][under ] held pursuant to provisions e u g e b l of the Uniform Licensing Act shall be conducted either by the e e h n d d i board or, at the election of the board, by a hearing officer = = o h l ] b ,d i a º e who may be a member or employee of the board or any other r i = r t e w d person designated by the board in its discretion.

A hearing em t 17 officer shall, within thirty days after [any] a hearing, submit w l n o d 18m to: the board a report setting forth [his] the hearing officer's = = 19 findings of fact and recommendations.

ab le id s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 13 - e a n e d r 20e B.l u [ A d SJC/SB 247 officer shall, within thirty days after [any ] a hearing, submit to the board a report setting forth [his ] the hearing officer's findings of fact and recommendations.

AllB. hearings [under] held pursuant to provisions a t m m 21 of the Uniform Licensing Act shall be open to the public;

dAll rhearings e[under 22] providedheld thatpursuant into casesprovisions in which [any] a constitutional right of cthe eUniform sLicensing kAct 23shall privacy of [an applicant or] a licensee, applicant or e a n b 24 unlicensed person may be irreparablyopen damaged,to a board or u [ hearing officer may hold a closed hearing if the boardpublic; or .225518.2 - 13 - SJC/SB 247 hearing officer so desires and states the reasons for this decision in the record.

Theprovided [applicantthat or]in cases in which [any ] a constitutional right of privacy of [an applicant or ] a licensee, applicant or unlicensed person may,may forbe goodirreparably causedamaged, shown, request a board or hearing officer tomay hold either a publicclosed hearing if the board or ahearing closedofficer hearing.so desires and states the reasons for this decision in the record.

The [applicant or ] licensee, applicant or unlicensed person may, for good cause shown, request a board or hearing officer to hold either a public or a closed hearing.

Each party may peremptorily excuse one board member or a hearing officer by filing with the board a notice of peremptory excusal at least twenty days prior to the date of h the hearing, but this privilege of peremptory excusal may not g o be exercised in any case in which its exercise would result in t hr g e i k less than a quorum of the board being able to hear or decide h r i s the matter.

Any party may request that the board excuse a h , t, board member or a hearing officer for good cause by filing with e u g e b l e e h the board a motion of excusal for cause at least twenty days n d d i = = o h prior to the date of the hearing.

In any case in which a l ] b ,d i a º e combination of peremptory excusals and excusals for good cause wouldr resulti in= lessr thant a quorum of the board being able to e t 17 hear or decide the matter, the peremptory excusals that would w l n d 18would result in removingless thethan membera [orquorum members] of the board =being =able 19to necessarym for a quorumn shallo notd bem effective.:

ab le id s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 14 - e a n e d r 20e D.l u [ A d SJC/SB 247 hear or decide the matter, the peremptory excusals that would result in removing the member [or members ] of the board necessary for a quorum shall not be effective.

InD. any case in which excusals for cause result a t m m 21 in less than a quorum of the board being able to hear or decide d r e 22 the matter, the governor shall, upon request by the board, c e s k 23 appoint as many temporary board members as are necessary for a e a n b 24 quorum to hear or decide the matter.

TheseIn temporaryany memberscase uin [which shallexcusals havefor allcause result in less than a quorum of the qualificationsboard requiredbeing forable permanentto .225518.2hear -or 14decide -the SJC/SBmatter, 247the governor shall, upon request by the board, appoint as many temporary board members ofas are necessary for a quorum to hear or decide the board.matter.

These temporary members shall have all of the qualifications required for permanent members of the board.

Each board shall have power where a proceeding h has been dismissed, either on the merits or otherwise, to g o relieve the [applicant or]or ] licensee, applicant or unlicensed t hr g e person from any possible odium that may attach by reason of the i k h r i s proceeding, by such public exoneration as it [shall see]see ] sees h , t, fit to make, if requested by the [applicant or] licensee, e u g e b l applicant or unlicensed person to do so.

e e h n d d i G.

There shall be no liability on the part of and = = o h l ] b ,d i a º e no action for damages against a person who provides information r i = r t e w d to a board in good faith and without malice in the reasonable em ta 17n beliefo thatd suchm information: is accurate.

Ab [licensee]e party w l n d 18s whoº directlyo ort throughn an agent intimidates, threatens, = =.225518.2AIC 19February injures27, or2023 takes(12:22pm) [any]s adversek actionm againste a- person15 for- a l i a e r 20 providing information to a boardn shalle bed subjectr toe al tu m[ mA 21d disciplinarySJC/SB action."247 dbelief rthat esuch 22information SECTIONis 11.accurate.

SectionA 61-1-8[licensee NMSA] 1978party (beingwho Lawsdirectly 1957,or cthrough ean sagent kintimidates, 23threatens, Chapterinjures 247,or Sectiontakes 8,[any as] amended)adverse isaction amendedagainst a person for providing information to read:a board shall be subject to disciplinary action." SECTION 11.

eSection a61-1-8 nNMSA b1978 24(being "61-1-8.Laws 1957, Chapter 247, Section 8, as amended) is amended to read:

RIGHTS"61-1-8. OF [PERSON] PARTY ENTITLED TO HEARING.-- u [ A.

ARIGHTS [person]OF party[PERSON entitled] toPARTY beENTITLED heardTO [under]HEARING.-- .225518.2A. - 15 - SJC/SB 247 pursuant to the provisions of the Uniform Licensing Act shall have the right to be represented by counsel [or by a licensed member of his own profession or occupation or both];

A [person] party entitled to be heard [under] pursuant to the provisions of the Uniform Licensing Act shall have the right to be represented by counsel [or by a licensed member of his own profession or occupation or both];

to examine all opposing witnesses who appear on [any][any ] a matter relevant to the issues;

and to have subpoenas and subpoenas duces tecum issued as of right h prior to the commencement of the hearing to compel discovery g o and the attendance of witnesses and the production of relevant t hr g e i k books, papers, documents and other evidence upon making written h r i s request [therefor][therefor ] for them to the board or hearing officer.

h , t, The issuance of such subpoenas after the commencement of the e u g e b l e e h hearing rests in the discretion of the board or the hearing n d d i = = o h officer.

All notices issued pursuant to Section 61-1-4 NMSA l ] b ,d i a º e 1978 shall contain a statement of these rights.

r i = r t e w d m a n o B.

Upon written request to another party, any party ed tm 17: is entitled to:

wb le n d 18s (1)º obtaino thet namesn and= addresses.225518.2AIC ofFebruary =27, =2023 19(12:22pm) witnessess whok willm ore may- be16 called- bye thea othern partye tod ar e l iu a[ eA rd 20SJC/SB testify247 atis theentitled hearing;to:

and(1) aobtain tthe mnames mand 21addresses (2)of inspectwitnesses andwho copywill [any] documents or itemsmay dbe rcalled eby 22 [which] that the other party willto ortestify may introduce in evidence c e s k 23 at the hearing.hearing;

eand a(2) ninspect band 24copy C.[any ] documents or items [which] that the other party will or may introduce in evidence at the hearing.

TheC. party to whom [such] a request is made shall u [ comply with [it] the request within ten days after the .225518.2 - 16 - SJC/SB 247 [mailing] service or delivery of the request.

The party to whom [such] a request is made shall comply with [it ] the request within ten days after the [mailing] service or delivery of the request.

Depositions may be used as in proceedings governed by those rules." h SECTION 12.

Section 61-1-9 NMSA 1978 (being Laws 1957, g o Chapter 247, Section 9, as amended) is amended to read:

t hr g e "61-1-9.

POWERS OF BOARD OR HEARING OFFICER IN CONNECTION i k h r i s WITH HEARINGS.-- h , t, A.

In connection with any hearing held under the e u g e b l Uniform Licensing Act, the board or hearing officer shall have e e h n d d i power to have counsel to develop the case;

to subpoena, for = = o h l ] b ,d i a º e purposes of discovery and of the hearing, witnesses and r i = r t e w d relevant books, papers, documents and other evidence;

to em ta 17 administer oaths or affirmations to witnesses called to w l n o d 18m testify;:

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 17 - e a n e d r e l u [ A d SJC/SB 247 administer oaths or affirmations to witnesses called to testify;

and to direct = = 19 a continuance of any case.

Boards or hearing officers may also a l i a e r 20 hold conferences before or during the hearing for the a t m m 21 settlement or simplification of the issues, but such settlement d r e 22 or simplification shall only be with the consent of the c e s k 23 [applicant or licensee]licensee ] party.

e a n b 24 B.

Geographical limits upon the subpoena power u [ shall be the same as if the board or hearing officer were a .225518.2 - 17 - SJC/SB 247 district court sitting at the location at which the hearing or discovery proceeding is to take place.

The board or hearing officer may impose any h appropriate evidentiary sanction against a party or other g o person who fails to provide discovery or to comply with a t hr g e i k subpoena." h r i s SECTION 13.

Section 61-1-12 NMSA 1978 (being Laws 1957, h , t, Chapter 247, Section 12, as amended) is amended to read:

e u g e b l e e h "61-1-12.

RECORD.--In all hearings conducted [under][under ] n d d i = = o h pursuant to the Uniform Licensing Act, a complete record shall l ] b ,d i a º e be made of all evidence received during the course of the r i = r t e w d m a n o hearing.

The record shall be preserved by any stenographic e t 17 method in use in the district courts of this state or, in the w l n d 18m discretion: of the board, by [tape] digital recording = = 19 technology.

Theb boarde shalld observes anyº standardso pertainingt an l= i.225518.2AIC February 27, 2023 (12:22pm) s k m e - 18 - e a n e d r 20e tol [tape]u digital[ recordingsA establishedd forSJC/SB the247 districtmethod ain tuse min mthe 21district courts of this state."state dor, rin ethe 22discretion SECTIONof 14.the board, by [tape ] digital recording technology .

SectionThe 61-1-13board NMSAshall 1978observe (beingany Lawsstandards 1957,pertaining cto e[tape] sdigital krecordings 23established Chapterfor 247,the Sectiondistrict 13,courts asof amended)this isstate." amendedSECTION to14. read:

eSection a61-1-13 nNMSA b1978 24(being "61-1-13.Laws 1957, Chapter 247, Section 13, as amended) is amended to read:

DECISION.--"61-1-13. u [ A.

AfterDECISION.-- aA. hearing has been completed, the members .225518.2 - 18 - SJC/SB 247 of the board shall proceed to consider the case and as soon as practicable shall render their decision, provided that the decision shall be rendered by a quorum of the board.

After a hearing has been completed, the members of the board shall proceed to consider the case and as soon as practicable shall render their decision, provided that the decision shall be rendered by a quorum of the board.

In h cases in which the hearing is conducted by the board, all g o members who were not present throughout the hearing shall t hr g e thoroughly familiarize themselves with the entire record, i k h r i s including all evidence taken at the hearing, before h , t, participating in the decision.

e u g e b l B.

A final decision and order based on the hearing e e h n d d i shall be made by a quorum of the board and signed and executed = = o h l ] b ,d i a º e by the person designated by the board within [sixty days after r i = r t e w d the completion of the preparation of the record or submission em t 17 of a hearingn officer'so report,d whicheverm is: later.

Inb anye wd ls nº do 18t case,n the= decision.225518.2AIC mustFebruary be27, rendered2023 and(12:22pm) signeds within]k ninetym =e =- 19 days- aftere thea hearingn ise closedd byr thee board."l au l[ iA d SJC/SB 247 of a ehearing rofficer's 20report, SECTIONwhichever 15.is later.

SectionIn 61-1-14any NMSAcase, 1978the (beingdecision Lawsmust 1957,be arendered tand msigned mwithin] 21ninety Chapterdays 247,after Sectionthe 14,hearing asis amended)closed isby amendedthe toboard read:." SECTION 15.

dSection r61-1-14 eNMSA 221978 "61-1-14.(being Laws 1957, Chapter 247, Section 14, as amended) is amended to read:

SERVICE"61-1-14. OF DECISION.--Within fifteen days after c e s k 23 the decision is [rendered and] signed and executed, the board e a n b 24 shall serve upon the [applicant or licensee] parties a copy of u [ the written decision." .225518.2 - 19 - SJC/SB 247 SECTION 16.

SERVICE OF DECISION.--Within fifteen days after the decision is [rendered and ] signed and executed, the board shall serve upon the [applicant or licensee ] parties a copy of the written decision." SECTION 16.

PROCEDURE WHERE PERSON FAILS TO REQUEST OR APPEAR FOR HEARING.--If a person who has requested a hearing does not appear and no continuance has been granted, the board or hearing officer may hear the evidence of such witnesses as may have appeared, and the board may proceed to consider the h matter and dispose of it on the basis of the weight of the g o evidence before it in the manner required by Section 61-1-13 t hr g e i k NMSA 1978.

Where, because of accident, sickness or other h r i s extraordinary cause, a person fails to request a hearing or h , t, fails to appear for a hearing [which he]he ] that the person has e u g e b l e e h requested, the person may within a reasonable time apply to the n d d i = = o h board to reopen the proceeding, and the board upon finding such l ] b ,d i a º e cause sufficient shall immediately fix a time and place for r i = r t e w d m a n o hearing and give the person notice as required by Sections ed tm 17: 61-1-4 and 61-1-5 NMSA 1978.

Atb thee timed ands placeº fixed,o at w l n d 18 hearing shall be held in the same manner as would have been = =.225518.2AIC 19February employed27, if2023 the(12:22pm) persons hadk appearedm ine response- to20 the- originale a ln ie ad r e rl 20u notice[ ofA hearing."d aSJC/SB t247 m61-1-4 mand 2161-1-5 SECTIONNMSA 17.1978.

SectionAt 61-1-16the NMSAtime 1978and (beingplace Lawsfixed, 1957,a dhearing rshall ebe 22held Chapterin 247,the Sectionsame 16,manner as amended)would ishave amendedbeen employed if the person had appeared in response to read:the original notice of hearing." SECTION 17.

cSection e61-1-16 sNMSA k1978 23(being "61-1-16.Laws 1957, Chapter 247, Section 16, as amended) is amended to read:

CONTENTS"61-1-16. OF DECISION.--The final decision and e a n b 24 order of the board shall contain findings of fact made by the u [ board, conclusions of law reached by the board, the order of .225518.2 - 20 - SJC/SB 247 the board based upon these findings of fact and conclusions of law and a statement informing the applicant or licensee of [his] the applicant's or licensee's right to judicial review and the time within which such review [must] shall be sought." SECTION 18.

CONTENTS OF DECISION.--The final decision and order of the board shall contain findings of fact made by the board, conclusions of law reached by the board, the order of the board based upon these findings of fact and conclusions of law and a statement informing the applicant or licensee of [his] the applicant's or licensee's right to judicial review and the time within which such review [must ] shall be sought." SECTION 18.

PETITION FOR REVIEW.--A [person] party entitled h to a hearing provided for in the Uniform Licensing Act, who is g o aggrieved by an adverse decision of a board issued after t hr g e hearing, may obtain a review of the decision in the district i k h r i s court pursuant to the provisions of Section 39-3-1.1 NMSA h , t, 1978." e u g e b l SECTION 19.

Section 61-1-19 NMSA 1978 (being Laws 1957, e e h n d d i Chapter 247, Section 19, as amended) is amended to read:

= = o h l ] b ,d i a º e "61-1-19.

STAY.--At any time before or during the review proceedingr pursuanti to= Sectionr 61-1-17t NMSA 1978, the aggrieved e t 17 [person] party may apply to the board or file a motion in w l n d 18proceeding accordancepursuant withto theSection Rules61-1-17 ofNMSA Civil1978, Procedure for the Districtaggrieved =m = 19 Courts in the reviewing court for an order staying the a ln io ad e r 20 operation of the board decision pending the outcome of the a t m m: 21 review.

Theb boarde ord courts º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 21 - e a n e d r e l u [ A d SJC/SB 247 [person] party may grantapply to the board or denyfile a motion in accordance with the stayRules of Civil Procedure for the District Courts in itsthe dreviewing rcourt efor 22an discretion.order staying the operation of the board decision pending the outcome of the review.

NoThe orderboard granting or denyingcourt amay staygrant shallor bedeny cthe estay sin kits 23discretion. reviewable." e a n b 24 SECTION 20.

SectionNo 61-1-21order NMSAgranting 1978or (beingdenying Lawsa 1957,stay ushall [be Chapterreviewable." 247,SECTION Section20. 21, as amended) is amended to read:

.225518.2Section -61-1-21 21NMSA -1978 SJC/SB(being 247Laws "61-1-21.1957, Chapter 247, Section 21, as amended) is amended to read:

"61-1-21.

At any time after the hearing and prior to the filing of a petition for review, the [person][person ] party aggrieved may request the board to reopen the case to receive additional evidence or for other cause.

h The board shall grant or refuse the request in writing, and g o that decision and the request shall be made a part of the t hr g e i k record.

The decision to grant or refuse a request to reopen h r i s the case shall be made, signed by the person designated by the h , t, board within fifteen days after the board receives the request e u g e b l e e h and served upon the [applicant or licensee within fifteen days n d d i = = o h after the board receives the request] parties.

l ] b ,d i a º e C.

The granting or refusing of a request to reopen r i = r t e w d m a n o the case shall be within the board's discretion.

The board may e t 17 reopen the case on its own motion at any time before petition w l n d 18m for: review is filed;

thereafter,b ite mayd dos soº onlyo witht then = =.225518.2AIC 19February permission27, of2023 (12:22pm) s k m e - 22 - e a n e d r e l u [ A d SJC/SB 247 reopen the reviewingcase court.on its own motion at any time before petition for review is filed;

Ifthereafter, the board reopens the a l i a e r 20 case, it shallmay providedo noticeso andonly awith hearing to the applicantpermission orof athe treviewing mcourt. m 21 licensee.

TheIf notice of the hearingboard shallreopens be served upon the dcase, rit eshall 22provide applicantnotice orand licenseea withinhearing fifteento days after service of the capplicant eor slicensee. k 23 decision to reopen the case.

The hearingnotice shall be held within e a n b 24 forty-five days after service of the notice,hearing and a decision u [ shall be rendered, signed and served upon the applicant or .225518.2licensee -within 22fifteen -days SJC/SBafter 247service licenseeof withinthe thirtydecision daysto afterreopen the hearing.case.

The hearing shall be held within forty-five days after service of the notice, and a decision shall be rendered, signed and served upon the applicant or licensee within thirty days after the hearing.

[NEW MATERIAL]MATERIAL ] Sfl1ºPRELIMINARY INJUNCTION h AND HEARING--»Sfl1 SUMMARY SUSPENSION OFSfl1ºOF LICENSELICENSE»Sfl1 OR g o PROBATION Sfl1º OF LICENSEE.--LICENSEE»Sfl1 .-- t hr g e Sfl1º A.

AWhen a board mayfinds summarilythat suspendevidence in its i k h r i s possession indicates that a licenselicensee issuedposes bya clear and h , t, immediate danger to the boardpublic orhealth placeand asafety if the e u g e b l licensee oncontinues probationto withoutpractice, it may seek a hearing,preliminary simultaneouslye withe orh atn anyd timed afteri = = o h injunction from the initiationdistrict ofcourt proceedingsin forthe county in which the l ] b ,d i a hearingº providede pursuantprincipal tooffice of the Uniformlicensee Licensingis Act,located or, if the boardr findsi that= evidencer int itse possessionw indicatesd thatprincipal office is not in New Mexico, in the licensee:district court m a n o d m :

(1)b posese d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 23 - e a clearn ande immediated dangerr toe thel publicu health[ andA safetyd ifSJC/SB the247 licenseefor continuesSanta toFe practice;county.

eIf tthe 17injunction (2)is hasgranted, beenthe adjudgedboard mentallyshall incompetenthold byan wexpedited lhearing nfor dthe 18suspension aof finalthe orderlicense or adjudicationprobation by a court of competentthe =licensee. = 19 jurisdiction;

orThe aboard lshall ifollow athe ehearing rprocedures 20of (3)the hasUniform pledLicensing guiltyAct, tobut times shall be shortened in accordance with the injunction or beenat foundthe guiltyrequest of the licensee.»Sfl1 Sfl1º A.»Sfl1 Sfl1ºB.»Sfl1 A board may summarily suspend a tlicense missued mby 21the board or place a licensee on probation without a hearing, simultaneously with or at any offensetime directlyafter relatedthe initiation of proceedings for a hearing provided pursuant to the practiceUniform ofLicensing Act, if the respectiveboard dfinds rthat eevidence 22in license.its possession indicates that the licensee:

cSfl1º e(1) sposes ka 23clear B.and immediate danger to the public health and safety if the licensee continues to practice;»Sfl1 Sfl1º (2)»Sfl1 Sfl1º(1)»Sfl1 has been h adjudged mentally incompetent by a final order or adjudication g o t hr by a court of competent jurisdiction;

Aor licenseeg ise noti requiredk toSfl1º(3)»Sfl1 complySfl1º(2)»Sfl1 withhas apled eguilty ah nr bi 24s summaryto actionor untilbeen servicefound hasguilty beenof madeany oroffense directly related to the licenseeh has, ut, [e actualu knowledgeg practice of the order,respective whicheverlicense. occurs first.

Thee .225518.2b -l 23e -e SJC/SBh 247Sfl1ºB.»Sfl1 Sfl1ºC.»Sfl1 A licensee mayis appealnot then d d i = = o h required to comply with a summary suspensionaction asuntil service has been l ] b ,d i a finalº agencye actionr asi provided= inr Sectionmade 39-3-1.1or NMSAthe 1978.licensee has actual knowledge of the order, t e w d m a n o whichever occurs first.

C.The licensee may appeal the summary d m :

Whenb ae boardd takess actionº too summarilyt suspendn a= license.225518.2AIC orFebruary place27, 2023 (12:22pm) s k m e - 24 - e a licenseen one probationd pursuantr toe thisl section,u it[ shallA served uponSJC/SB the247 licenseesuspension as a writtenfinal noticeagency containingaction aas statement:provided in Section 39-3-1.1 NMSA 1978.

Sfl1º C.»Sfl1 Sfl1ºD.»Sfl1 When a board takes action to summarily suspend a license or place a licensee on probation pursuant to this section, it shall serve upon the licensee a written notice containing a statement:

(3) that unless the licensee within thirty days after service of the notice deposits in the mail a certified return receipt requested letter addressed to the board and containing a request for a hearing, the summary eh t 17 suspension or probation shall be final;

and wg lo n d 18 (4) that the licensee is entitled to a hearing =t =hr 19g e by the board pursuant to the Uniform Licensing Act within a l i ak eh r 20i s fifteen days from the date a request for hearing is received by ah t, mt, m 21 the board from the licensee." de ru g e 22b l SECTION 22.

Section 61-1-31.1 NMSA 1978 (being Laws 2016, ce e sh kn 23d d i Chapter 19, Section 1, as amended) is amended to read:

e= a= no h l ] b 24,d i a º e "61-1-31.1.

EXPEDITED LICENSURE--ISSUANCE.-- ur [i = r t e w d A.

A board that issues an occupational or .225518.2m - 24 - SJC/SB 247 professional license [pursuant to this 2022 act] shall, as soon as practicable but no later than thirty days after an out-of- state licensee files [an] a completen applicationo ford anm expedited: license accompanied by any required fees:

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 25 - e a n e d r e l u [ A d SJC/SB 247 professional license [pursuant to this 2022 act ] shall, as soon as practicable but no later than thirty days after an out-of- state licensee files [an ] a complete application for an expedited license accompanied by any required fees:

and (2) issue a license to [a][a ] the qualified applicant who submits satisfactory evidence that the applicant:

and (c) provides fingerprints and other information necessary for a state [and][and ] or national criminal background check or both if required by law or rule of the eh t 17 board.

wg lo n d 18 B.

An expedited license is a one-year provisional =t =hr 19g e i k license that confers the same rights, privileges and ah lr i as e r 20 responsibilities as regular licenses issued by a board;

ah t, mt, m 21 provided that a board may allow for the initial term of an de ru g e 22b l e e h expedited license to be greater than one year by board rule or cn ed sd ki 23= = o h may extend an expedited license upon a showing of extenuating el a] n b 24,d i a º e circumstances.

ur [i = r t e w d C.

Before the end of the expedited license [period][period .225518.2] -m 25 - SJC/SB 247 term and upon application, a boardn shallo issued am regular: license through its license renewal process.

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 26 - e a n e d r e l u [ A d SJC/SB 247 term and upon application, a board shall issue a regular license through its license renewal process.

A board by rule shall determine those states and territories of the United States and the District of Columbia from which the board will not accept an applicant for expedited licensure and [those][those ] determine any foreign countries from which the board will accept an applicant for expedited licensure.

The lists shall be reviewed by the board annually eh t 17 to determine if amendments to the rule are warranted." wg lo n d 18 SECTION 23.

Section 61-1-31.2 NMSA 1978 (being Laws 2022, =t =hr 19g e Chapter 39, Section 8) is amended to read:

a l i ak eh r 20i s "61-1-31.2.

TEMPORARY OR PROVISIONAL LICENSE--EVIDENCE OF ah t, mt, m 21 INSURANCE.--A board may issue a temporary or other provisional de ru g e 22b l license, including an expedited license, to a person licensed ce e sh kn 23d d i in another licensing jurisdiction, which [license is]is ] may be e= a= no h l ] b 24,d i a º e limited as to [a] time, practice or other [requirement] ur [i = r t e w d condition of a regular [licensure] license.

If a board .225518.2m - 26 - SJC/SB 247 requires [regular] licensees to carry professional or occupational liability or other insurance, the board shall require the applicant for a temporaryn oro provisionald licensem to: show evidence of having required insurance that will cover the person in New Mexico during the term of the temporary or provisional license.

Eachb e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 27 - e a n e d r e l u [ A d SJC/SB 247 requires [regular ] licensees to carry professional or occupational liability or other insurance, the board shall providerequire informationthe onapplicant thefor board'sa websitetemporary thator describesprovisional thelicense to show evidence of having required insurance requirementsthat forwill practicecover the person in New Mexico,Mexico ifduring applicable."the SECTIONterm 24.of the temporary or provisional license.

Each board shall provide information on the board's website that describes the insurance requirements for practice in New Mexico, if applicable ." SECTION 24.

A board 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 eh t 17 military service member or a veteran files [an][an ] a complete wg lo n d 18 application, and provides a background check if required:

=t =hr 19g e i k (1) process the application;

and ah lr i as e r 20 (2) issue a license prima facie to a qualified ah t, mt, m 21 applicant who submits satisfactory evidence that the applicant de ru g e 22b l e e h holds a license that is current and in good standing, issued by cn ed sd ki 23= = o h another jurisdiction, including a branch of the armed forces of el a] n b 24,d i a º e the United States.

ur [i = r t e w d m a n o B.

A license issued pursuant to this section is a .225518.2d -m 27: - SJC/SB 247 provisional license but shall confer the same rights, privileges and responsibilities as a regular license.

Ifb thee militaryd services memberº oro veterant wasn licensed= in.225518.2AIC aFebruary licensing27, jurisdiction2023 that(12:22pm) dids notk requirem examination,e - 28 - e a boardn maye required ther militarye servicel memberu or[ veteranA tod takeSJC/SB a247 board-provisional requiredlicense examinationbut [beforeshall makingconfer applicationthe forsame renewal]rights, priorprivileges toand renewingresponsibilities theas a regular license.

If the military service member or veteran was licensed in a licensing jurisdiction that did not require examination, a board may require the military service member or veteran to take a board- required examination [before making application for renewal ] prior to renewing the license .

The report shall be provided to the director of the eh t 17 office of military base planning and support not later than wg lo n d 18 ninety days after the end of the fiscal year.

=t =hr 19g e E.

a l i ak eh r 20i s (1) "licensing fee" means a fee charged at the ah t, mt, m 21 time an initial or renewal application for a professional or de ru g e 22b l occupational license is submitted to the state agency, board or ce e sh kn 23d d i commission and any fee charged for the processing of the e= a= no h l ] b 24,d i a º e application for such license;

"licensing fee" does not include ur [i = r t e w d a fee for an annual inspection or examination of a licensee, a .225518.2m - 28 - SJC/SB 247 late fee or a feen chargedo ford copiesm of: documents, replacement licenses or other expenses related to a professional or occupational license;

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 29 - e a n e d r e l u [ A d SJC/SB 247 late fee or a fee charged for copies of documents, replacement licenses or other expenses related to a professional or occupational license;

or (c) the child of a military service eh t 17 member if the child is also a dependent of that person for wg lo n d 18 federal income tax purposes;

and =t =hr 19g e i k (3) "veteran" means a person who has received ah lr i as e r 20 an honorable discharge or separation from military service." ah t, mt, m 21 SECTION 25.

Section 61-1-36 NMSA 1978 (being Laws 2021 de ru g e 22b l e e h (1st S.S.), Chapter 3, Section 8) is amended to read:

cn ed sd ki 23= = o h "61-1-36.

CRIMINAL CONVICTIONS--EXCLUSION FROM el a] n b 24,d i a º e LICENSURE--DISCLOSURE REQUIREMENT.-- ur [i = r t e w d m a n o A.

A board shall not exclude from licensure a .225518.2d -m 29: - SJC/SB 247 person who is otherwise qualified on the sole basis that the person has been previously arrested for or convicted of a crime, unless the person has a disqualifying criminal conviction.

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 30 - e a n e d r e l u [ A d SJC/SB 247 person who is otherwise qualified on the sole basis that the person has been previously arrested for or convicted of a crime, unless the person has a disqualifying criminal conviction.

In an administrative hearing or agency appeal, a board shall carry the burden of proof on the question of whether the exclusion from occupational or professional eh t 17 licensure is based upon a potentially disqualifying criminal wg lo n d 18 conviction.

=t =hr 19g e D.

No later than October 31 of each year, while a l i ak eh r 20i s ensuring the confidentiality of individual applicants, a board ah t, mt, m 21 shall make available to the public an annual report for the de ru g e 22b l prior fiscal year containing the following information:

ce e sh kn 23d d i (1) the number of applicants for licensure e= a= no h l ] b 24,d i a º e and, of that number, the number granted a license;

ur [i = r t e w d (2) the number of applicants for licensure or .225518.2m - 30 - SJC/SB 247 license renewal with a potentialn disqualifyingo criminald convictionm who: received notice of potential disqualification;

b e d s º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e - 31 - e a n e d r e l u [ A d SJC/SB 247 license renewal with a potential disqualifying criminal conviction who received notice of potential disqualification;

eh t 17 "61-1-37.

RESIDENCY IN NEW MEXICO NOT A REQUIREMENT FOR wu l» nr d 18 LICENSURE.--A person who otherwise meets the requirements for a =t =h 19g e professional or occupational license shall not be denied a l i ah e r 20i s licensure or [relicensure][relicensure ] license renewal because the person ah t, me mh 21 does not live in New Mexico." dt ru g e 22b l - 3132 - ce e s, kgh 23n d d i = = o h l ] b ,d i a º r e r = t e w d m a n bo 24d um [: .225518.2

b r e t º o t n = .225518.2AIC February 27, 2023 (12:22pm) s k m e e a n e d r e l u [ A d