Real Estate Appraisers: Board Meetings

Notice is hereby given that the New Mexico Real Estate Appraisers Board will convene a Special Meeting on Friday, September 17, 2021, at 1:00 p.m.

Event Number: 2485 630 3005

+1-415-655-0002 United States Toll 

An individual with a disability who needs a reader, amplifier, qualified signed language interpreter, or other form of auxiliary aid or service to attend or participate in the meeting should contact Theresa Montoya, Board Administrator at (505) 476-4622.

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The purpose of the rule hearing is to consider proposed amendment/repeal/replace to the following rules:

16.62.2 NMAC – Application for Trainee

16.62.3 NMAC – Application for Licensed Residential

16.62.4 NMAC – Application for Residential Certificate

16.62.5 NMAC – Application for General Certificate

16.62.13 NMAC – Disciplinary Proceedings

16.62.18 NMAC – Licensure for Military Members, Spouses and Veterans

16.65.2. NMAC – Registration Requirements

16.65.3 NMAC – Application for Registration

16.65.4 NMAC – Discipline

 

PUBLIC RULE HEARING AND REGULAR BOARD MEETING

The New Mexico Real Estate Appraisers Board (Board) will hold a rule hearing on Friday, September 10, 2021, at
9:00 a.m. Following the rule hearing, the Board will convene a board meeting to consider adoption of the rules and
address regular business. The rule hearing and board meeting will be held at the Regulation & Licensing
Department, 2550 Cerrillos Road, Santa Fe, New Mexico, in the Rio Grande Room for those desiring to attend in
person.

Face masks are required to be worn in the Toney Anaya Building for all in person attendees.

The hearing and meeting will also be accessible by virtual means, with the link to the livestream available on the
Board’s website at the following Internet link:

https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/real-estate-appraisers/realestate-appraisers-board-information/
The purpose of the rule hearing is to consider proposed amendment to the following rules:

16.62.2 NMAC – Application for Trainee
16.62.3 NMAC – Application for Licensed Residential
16.62.4 NMAC – Application for Residential Certificate
16.62.5 NMAC – Application for General Certificate
16.62.13 NMAC – Disciplinary Proceedings
16.62.18 NMAC – Licensure for Military Members, Spouses and Veterans
16.65.2. NMAC – Registration Requirements
16.65.3 NMAC – Application for Registration
16.65.4 NMAC – Discipline

To obtain and review copies of the proposed changes you may go to the Board’s website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/real-estate-appraisers/ or
contact the New Mexico Real Estate Appraisers Board at (505)476-4622 or by email at nm.reab@state.nm.us.

The Board is currently accepting public comments on the proposed amendments. Please submit written comments
on the proposed changes to Theresa Montoya, Board Administrator, via electronic mail at nm.reab@state.nm.us or
by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Friday, September 10, 2021. Persons will
also be given the opportunity to present their comments at the rule hearing. All written comments will be posted to
the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/realestate-appraisers/, no more than three business days following receipt to allow for public viewing.

An individual with a disability who is in need of a reader, amplifier, qualified signed language interpreter, or other
form of auxiliary aid or service to attend or participate in the hearing, please contact Theresa Montoya, Board
Administrator at (505) 476-4622.

Statutory Authority: Section 61-30-7(A) of the Real Estate Appraisers Act, NMSA 1978, Sections 61-30-1 through
-24 (1990, as amended through 2021), authorizes the Board to “adopt rules necessary to implement the provisions of
the Real Estate Appraisers Act.” Section 47-14-23 of the Appraisal Management Company Registration Act, NMSA
1978, Sections 47-14-1 through -23 (2009, as amended through 2013), also authorizes the Board to “adopt rules that
are reasonably necessary to implement, administer and enforce the provisions of the Appraisal Management Company
Registration Act, including rules for obtaining copies of appraisals and other documents necessary to audit compliance
with the Appraisal Management Company Registration Act.” Finally, Section 61-1-36 of the Uniform Licensing Act,
NMSA 1978, Sections 61-1-1 to -36 (1957, as amended through 2021), requires the Board to “promulgate and post
on the board’s website rules relating to licensing requirements to list the specific criminal convictions that could
disqualify an applicant from receiving a license on the basis of a previous felony conviction.”

Purpose of the proposed rules:
The proposed rules are intended to provide greater clarity in existing regulatory and statutory requirements, ensure
continued high levels of professionalism among licensees and registrants, and to generally satisfy the Board’s statutory
obligation to ensure “the protection of those persons relying upon real estate appraisals.” NMSA 1978, Section 61-
30-2(B). In addition, several of the proposed rule changes are intended to address recent statutory changes to the
Uniform Licensing Act. See S.B. 2, 55th Leg., 1st S.S. (N.M. 2021), available at
https://www.nmlegis.gov/Sessions/21%20Special/final/SB0002.pdf, and H.B. 120, 55th Leg., 1st Sess. (N.M. 2021),
available at https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0120.pdf.

Summary of Proposed Changes:
The Board summarizes its proposed changes to its administrative rules as follows:

16.62.2 NMAC – Application for Trainee
As a general summary, the proposed changes to 16.62.2 NMAC clarify existing provisions (including those outlining
the eligibility of appraisers to supervise trainees), add new language permitting the Board to accept experience logs
from applicants submitted from jurisdictions outside of New Mexico, and requiring supervising appraisers to notify
their trainees when notified by the board that a complaint has been filed against the supervising appraiser.

16.62.3 NMAC – Application for Licensed Residential
The proposed changes to 16.62.3 NMAC clarify that the licensed residential real estate appraiser classification applies
to the appraisal of non-complex one to four residential units having a transaction value less than $1,000,000 and
complex one to four residential units having a transaction value less than $400,000. The proposed changes also add
new language permitting the Board to accept experience logs from applicants submitted from jurisdictions outside of
New Mexico.

16.62.4 NMAC – Application for Residential Certificate
The proposed changes to 16.62.4 NMAC add new language permitting the Board to accept experience logs from
applicants submitted from jurisdictions outside of New Mexico.

16.62.5 NMAC – Application for General Certificate
The proposed changes to 16.62.5 NMAC add new language permitting the Board to accept experience logs from
applicants submitted from jurisdictions outside of New Mexico.

16.62.13 NMAC – Disciplinary Proceedings
The proposed changes to 16.62.13 NMAC generally clarify existing provisions and add new provisions outlining the
procedures applicable to application denials, disciplinary proceedings, and administrative proceedings against
unlicensed practitioners. In the area of investigations into complaints and applications, the proposed changes provide
for the Board’s utilization of an investigator, permit the issuance of investigative subpoenas, and limit those persons
eligible to participate in investigations. The proposed changes would also clarify the procedures the Board must follow
in referring cases for administrative prosecution, conducting evidentiary hearings, and considering proposed
settlement agreements. Finally, the proposed changes to 16.62.13 NMAC add new language governing the Board’s
consideration of criminal convictions in applications and disciplinary matters, pursuant to Section 61-1-36 of the
Uniform Licensing Act. This new language lists the specific criminal convictions that could disqualify an applicant
from receiving a license on the basis of a previous felony conviction and contains related limitations on the Board’s
consideration of such convictions.

16.62.18 NMAC – Licensure for Military Members, Spouses and Veterans
The proposed changes to 16.62.18 NMAC generally clarify existing provisions and update the Board’s rules to reflect
recent amendments to Section 61-1-34 of the Uniform Licensing Act. These changes would provide that the Board
would issue the license as soon as practicable but no later than thirty days after a qualified military service member,
spouse, dependent child, or veteran files a complete application and provides a background check and any required
fees.

16.65.2 NMAC – Registration Requirements
The proposed changes to 16.65.2 NMAC consist exclusively of adding new language requiring Appraisal Management
Companies registered in New Mexico to notify the Board within 30 days after the registrant is notified of any denial,
revocation, or suspension of its designation, registration, certificate, or license under any law of any jurisdiction, other
than New Mexico, regulating appraisal management companies, the imposition of any other form of discipline under
any such law, or the commencement of a disciplinary or enforcement action against the registrant under any such law.

16.65.3 NMAC – Application for Registration
The proposed changes to 16.65.3 NMAC consist exclusively of adding new language requiring Appraisal Management
Company applicants for registration to provide the Board documentation, as part of their applications for registration,
showing any and all discipline imposed on the applicant in any jurisdiction under any law governing or regulating
appraisers or appraisal management companies.

16.65.4 NMAC – Discipline
The proposed changes to 16.65.4 NMAC consist exclusively of adding new language providing that the Board may
initiate disciplinary action upon receiving information that the applicant, registrant, exempt company, compliance
person, or other key person is the subject of an order of the Board or any other state appraisal management company
regulatory agency denying, suspending, or revoking the person or entity’s privilege to operate as an appraisal
management company, or information as to any other disciplinary action by an agency of another jurisdiction
responsible for regulating appraisers.

Technical Information:
The proposed list of disqualifying criminal convictions, which is among the changes to 16.62.13 NMAC, is largely
based on the Real Property Appraiser Qualification Criteria (effective January 1, 2021), and specifically the AQB
Guide Note 9 (on pages 50-52). The public may obtain the full text of this document and information on the
Appraisal Foundation’s website currently at the following Internet link:
https://www.appraisalfoundation.org/imis/TAF/Standards/Qualification_Criteria/Qualification_Criteria__RP_/TAF/
AQB_RPAQC.aspx.

Public Comments:

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