N.M. Stat. § 61-1-1 (2026)

Chapter 61, Article 1 NMSA 1978 may be cited as the "Uniform Licensing Act".

History: 1953 Comp., § 67-26-1, enacted by Laws 1957, ch. 247, § 1; 1971, ch. 54, § 1;
2021 (1st S.S.), ch. 3, § 7.

                                     ANNOTATIONS

Compiler's notes. — Laws 2002, ch. 83, §§ 2 to 4 purported to enact new sections
under the Uniform Licensing Act, but those sections were relocated to appear following
the State Civil Emergency Preparedness Act, which is compiled as 12-10-1 to 12-10-10
NMSA 1978.

Cross references. — For State Rules Act, see 14-4-1 NMSA 1978 et seq.

For criminal offender employment, see 28-2-1 NMSA 1978.

For the Parental Responsibility Act, see 40-5A-1 NMSA 1978 et seq.

The 2021 (1st S.S.) amendment, effective June 29, 2021, changed "Sections 67-26-1
through 67-26-31 NMSA 1953" to "Chapter 61, Article 1 NMSA 1978".

Due process. — A regulation of the New Mexico board of psychologist examiners
requiring an oral examination for reinstatement of a retiree's license was rationally
related to a legitimate governmental purpose; however, the examination might not
comply with due process, and, thus, an applicant for reinstatement was entitled to a
hearing on the rational justification for the oral examination requirement. Mills v. N.M.
State Bd. of Psychologist Exam'rs, 1997-NMSC-028, 123 N.M. 421, 941 P.2d 502.

Appeals. — Because the Uniform Licensing Act did not provide a retired psychologist
with a basis for appealing a decision of the New Mexico board of psychologist
examiners to require an oral examination for reinstatement of her license, she could
request a writ of certiorari to obtain review of the board's alleged due process violations.
Mills v. N.M. State Bd. of Psychologist Exam'rs, 1997-NMSC-028, 123 N.M. 421, 941
P.2d 502.
Revocation must be based on substantial evidence. — In administrative
adjudications where a person's livelihood (a property right) is at stake, any action
depriving a person of that property must be based upon such substantial evidence as
would support a verdict in a court of law. Young v. Board of Pharmacy, 1969-NMSC-
168, 81 N.M. 5, 462 P.2d 139.

Naked hearsay insufficient. — In proceedings to revoke a license to conduct a
business or profession, where, by law, the licensee is entitled to a hearing before the
licensing authority, revocation based solely upon hearsay evidence is unwarranted.
Young v. Board of Pharmacy, 1969-NMSC-168, 81 N.M. 5, 462 P.2d 139.

License not revocable on grounds for original denial. — An administrative agency,
having once issued a license to an applicant who has made full disclosure of all
pertinent facts, may not revoke that same license for reasons that would not have
permitted issuance of the license in the first instance. Roberts v. State Bd. of
Embalmers & Funeral Dirs., 1967-NMSC-257, 78 N.M. 536, 434 P.2d 61.

Barring fraud and misrepresentation and the existence of statutory authority, state may
not revoke the license issued previously to party for the reason that party did not have
two years of college training required by the statute when, in fact, at the time appellant
granted the license to party, state knew that appellee did not have said college work
but, nevertheless, proceeded to grant the license under a policy which, in effect,
eliminated the college requirement. Roberts v. State Bd. of Embalmers & Funeral Dirs.,
1967-NMSC-257, 78 N.M. 536, 434 P.2d 61.

Specification of "unprofessional conduct" not required. — A board may suspend or
revoke a license to practice a profession for "unprofessional conduct" without its being
required to first specify by regulation or rule exactly what acts may be so considered.
Young v. Board of Pharmacy, 1969-NMSC-168, 81 N.M. 5, 462 P.2d 139.

Preexisting account not required to receive funds. — No law or regulation of the
New Mexico real estate commission requires a custodial, trust or escrow account prior
to the receipt of funds appropriate for deposit in such account. McCaughtry v. N.M. Real
Estate Comm'n, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292.

Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res.
J. 122 (1965).

For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114
(1968).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades,
and Professions §§ 1 to 10.

Single or isolated transactions as falling within provisions of commercial or occupational
licensing requirements, 93 A.L.R.2d 90.
Physician's or other healer's conduct, or conviction of offense, not directly related to
medical practice, as ground for disciplinary action, 34 A.L.R.4th 609.

Physician's or other healer's conduct in connection with defense of or resistance to
malpractice action as ground for revocation of license or other disciplinary action, 44
A.L.R.4th 248.

Failure of building and construction artisan or contractor to procure business or
occupational license as affecting enforceability of contract or right to recover for work
done - modern cases, 44 A.L.R.4th 271.

Validity of state or municipal tax or license fee upon occupation of practicing law, 50
A.L.R.4th 467.