N.M. Stat. § 61-1-5 (2026)

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, applicant or unlicensed person at the last known address as shown by the
records of the board. Unlicensed persons with no address on record with the board
shall receive notice by personal service. If the notice or decision is served personally,
service shall be made in the same manner as is provided for service by the Rules of
Civil Procedure for the District Courts. Where the notice or decision is served by
certified mail, it shall be deemed to have been served on the date borne by the return
receipt showing delivery or the last attempted delivery of the notice or decision to the
addressee or refusal of the addressee to accept delivery of the notice or decision.
Service of correspondence sent by a licensee, applicant or unlicensed person through
other methods, including electronic mail or physical mail, should be reasonably
accepted and processed by the board.

History: 1953 Comp., § 67-26-5, enacted by Laws 1957, ch. 247, § 5; 1978 Comp., §
61-1-5;1981, ch. 349, § 5; 2023, ch. 190, § 8.

                                     ANNOTATIONS

Cross references. — For service of process, see Rule 1-004 NMRA.

The 2023 amendment, effective July 1, 2023, clarified that disciplinary action can also
apply to applicants or unlicensed persons in addition to licensees, provided that
unlicensed persons with no address on record with the board shall receive notice by
personal service, and provided that service of electronic or other correspondence sent
by a licensee, applicant or unlicensed person should be reasonably accepted by the
board; after "applicant", added "or unlicensed person"; added "Unlicensed persons with
no address on record with the board shall receive notice by personal service."; and
added "Service of correspondence sent by a licensee, applicant or unlicensed person
through other methods, including electronic mail or physical mail, should be reasonably
accepted and processed by the board.".

Requirement of actual notice to licensee. — The Uniform Licensing Act requires
actual notice to be given to an individual who may lose a license, pursuant to the
hearing requirements contained in the law. In that case, a public policy-making body
which convenes a hearing on a licensing matter and which is subject to the provisions of
the act must follow the act's specific notice tenets. In these cases, mere posting of such
notice is insufficient as it affects the individual licensee. 1990 Op. Att'y Gen. No. 90-29.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§
60, 61.

53 C.J.S. Licenses §§ 37, 54.