N.M. Stat. § 61-30-15 (2026)

or certificate. (Repealed effective July 1, 2030.)
    A. The board, consistent with Section 61-30-7 NMSA 1978, shall refuse to issue or
renew a registration, license or certificate or shall suspend or revoke a registration,
license or certificate at any time when the applicant, real estate appraiser trainee, state
licensed residential real estate appraiser or state certified real estate appraiser, in
performing or attempting to perform any of the actions set forth in the Real Estate
Appraisers Act, is determined by the board to have:

       (1)    procured or attempted to procure a registration, license or certificate by
knowingly making a false statement or submitting false information or through any form
of fraud or misrepresentation;
        (2)    refused to provide complete information in response to a question in an
application for registration, a license or certificate or failed to meet the minimum
qualifications established by the Real Estate Appraisers Act;

        (3)  paid money, other than as provided for in the Real Estate Appraisers Act,
to any member or employee of the board to procure registration, a license or a
certificate;

       (4)    been convicted of a crime that is substantially related to the qualifications,
functions and duties of the person developing real estate appraisals and communicating
real estate appraisals to others;

       (5)    committed an act involving dishonesty, fraud or misrepresentation or by
omission engaged in a dishonest or fraudulent act or misrepresentation with the intent
to substantially benefit the registration, license or certificate holder or another person or
with the intent to substantially injure another person;

      (6)    willfully disregarded or violated any of the provisions of the Real Estate
Appraisers Act or the rules of the board adopted pursuant to that act;

        (7)   accepted an appraisal assignment when the employment itself is
contingent upon the real estate appraiser reporting a predetermined analysis or opinion
or where the fee to be paid for the performance of the appraisal assignment is
contingent upon the opinion, conclusion or valuation reached or upon the consequences
resulting from the appraisal assignment; provided that a contingent fee agreement is
permitted for the rendering of special services not constituting an appraisal assignment
and the acceptance of a contingent fee is clearly and prominently stated on the written
appraisal report;

       (8)    suffered the entry of a final civil judgment on the grounds of fraud,
misrepresentation or deceit in the making of an appraisal; provided that the real estate
appraiser trainee, state licensed residential real estate appraiser or state certified real
estate appraiser shall be afforded an opportunity to present matters in mitigation and
extenuation, but may not collaterally attack the civil judgment; or

       (9)     committed any other conduct that is related to dealings as a real estate
appraiser trainee, a state licensed residential real estate appraiser or a state certified
real estate appraiser and that constitutes or demonstrates bad faith, untrustworthiness,
impropriety, fraud, dishonesty or any unlawful act.

    B. The board, consistent with Section 61-30-7 NMSA 1978, shall refuse to issue or
renew a registration, license or certificate and shall suspend or revoke a registration,
license or certificate at any time when the board determines that the applicant or real
estate appraiser trainee, state licensed residential real estate appraiser or state certified
real estate appraiser, in the performance of real estate appraisal work, has:
      (1)     repeatedly failed to observe one or more of the standards for the
development or communication of real estate appraisals set forth in the rules adopted
pursuant to the Real Estate Appraisers Act;

       (2)    repeatedly failed or refused, without good cause, to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report or communicating an
appraisal;

      (3)    repeatedly been negligent or incompetent in developing an appraisal, in
preparing an appraisal report or in communicating an appraisal; or

       (4)    violated the confidential nature of records to which the real estate
appraiser trainee, state licensed residential real estate appraiser or state certified real
estate appraiser gained access through employment or engagement as such an
appraiser.

    C. The action of the board relating to the issuance, suspension or revocation of any
registration, license or certificate shall be governed by the provisions of the Uniform
Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; provided that the time limitations set forth
in the Uniform Licensing Act shall not apply to the processing of administrative
complaints filed with the board, which shall be governed by federal statute, regulation or
policy. The board shall participate in any hearings required or conducted by the board
pursuant to the provisions of the Uniform Licensing Act.

   D. The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA
1978] shall govern any consideration of criminal records required or permitted under the
Real Estate Appraisers Act.

   E. Nothing in the Real Estate Appraisers Act shall be construed to preclude any
other remedies otherwise available under common law or statutes of this state.

History: Laws 1990, ch. 75, § 15; 1992, ch. 54, § 13; 1993, ch. 269, § 13; 2003, ch.
328, § 13; 2011, ch. 77, § 1; 2014, ch. 33, § 12.

                                      ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.

The 2014 amendment, effective May 21, 2014, provided for appraiser trainees; in
Subsection A, in the introductory paragraph, after "time when the applicant", deleted
"state apprentice", after "real estate appraiser", added "trainee", and after "state
licensed", added "residential"; in Subsection A, in Paragraph (8), after "provided that
the", deleted "state apprentice", after "real estate appraiser", added "trainee", and after
"state licensed", added "residential"; in Subsection A, in Paragraph (9), after "dealings
as a", deleted "state apprentice", after "real estate appraiser", added "trainee", and after
"state licensed", added "residential"; in Subsection B, in the introductory paragraph,
after "the applicant or", deleted "state apprentice", after "real estate appraiser", added
"trainee", and after "state licensed", added "residential"; and in Subsection B, in
Paragraph (4), after "records to which the", deleted "state apprentice", after "real estate
appraiser", added "trainee", and after "state licensed", added "residential".

The 2011 amendment, effective June 17, 2011, in Subsection C, requires the board to
process administrative complaints in accordance with federal law.

The 2003 amendment, effective July 1, 2003, rewrote this section to the extent that a
detailed comparison is impracticable.

The 1993 amendment, effective June 18, 1993, substituted "board" for "commission" in
two places in the introductory language of Subsections A and B, in Subsection A(6), and
in the second sentence of Subsection C; deleted "upon the advice and recommendation
of the board and after consultation with the board and" preceding "consistent with" and
made a stylistic change in the introductory language of Subsections A and B;
substituted "registration" for "registered appraiser or" in Subsection A(5); inserted "state
registered, licensed or certified real estate" and made a stylistic change in Subsection
B(4); and deleted "and commission" following "board" in the first sentence of Subsection
C.

The 1992 amendment, effective May 20, 1992, inserted "registration" or references to
registration in the catchline and throughout the section; made section reference
substitutions near the beginning of Subsections A and B; inserted references to
registered appraisers in the introductory language to Subsection A and in Subsection
A(5); and substituted "applicant or state registered, licensed or certified real estate
appraiser" for "applicant or license or certificate holder" in the introductory language to
Subsection B.

Enforcement of settlement agreement. — Where the licensee entered into a
settlement agreement with the board to settle complaints that had been filed against the
licensee; the agreement permitted the board to determine whether the licensee violated
the agreement; and if the licensee did violate the agreement, to revoke or suspend the
licensee’s license, impose a fine, or take other disciplinary action described in the
Uniform Licensing Act, the licensee specifically agreed to the board’s authority and
waived objections to the board’s decision to suspend the licensee’s license for violation
of the agreement. Montano v. N.M. Real Estate Appraiser’s Bd., 2009-NMCA-009, 145
N.M. 494, 200 P.3d 544.

Appellate review of board decision. — Where the district court engages in appellate
review of a decision of the board, the district court may not consider facts that were not
presented to the board; the district court must accord deference to the board’s decision;
and the district court may not substitute its judgment for the judgment of the board.
Montano v. N.M. Real Estate Appraiser’s Bd., 2009-NMCA-009, 145 N.M. 494, 200
P.3d 544.
61-30-15.1. Criminal history background checks. (Repealed
effective July 1, 2030.)
    A. The board may adopt rules that provide for criminal history background checks
for all registrants, certified licensees and licensees to include:

        (1)    requiring criminal history background checks of applicants for registration,
certified licensure or licensure pursuant to the Real Estate Appraisers Act;

       (2)    requiring applicants for registration, or certified licensure or licensure to be
fingerprinted only upon initial licensure or registration;

       (3)     providing for an applicant who has been denied registration or certified
licensure or licensure to inspect or challenge the validity of the criminal history
background check record;

       (4)    establishing a fingerprint and criminal history background check fee not to
exceed fees as determined by the department of public safety to be paid by the
applicant; and

      (5)    providing for submission of an applicant's fingerprint cards to the federal
bureau of investigation to conduct a national criminal history background check and to
the department of public safety to conduct a state criminal history background check.

   B. Arrest record information received from the department of public safety and the
federal bureau of investigation shall be privileged and shall not be disclosed to persons
not directly involved in the decision affecting the applicant.

   C. Electronic live fingerprint scans may be used when conducting criminal history
background checks.

History: Laws 2014, ch. 33, § 20; 2019, ch. 209, § 8.

                                      ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.

The 2019 amendment, effective July 1, 2020, provided that applicants for registration,
or certified licensure or licensure shall be fingerprinted only upon initial licensure or
registration, and clarified certain terms in the section; added "criminal history" or
"history", preceding each occurrence of "background check" throughout the section; and
in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure
or registration".
61-30-16. Standards of professional appraisal practice; certificate of
good standing. (Repealed effective July 1, 2030.)
    A. Each real estate appraiser trainee, state licensed residential real estate appraiser
or state certified real estate appraiser shall comply with the generally accepted
standards of professional appraisal practice and the generally accepted ethical rules to
be observed by a real estate appraiser. The generally accepted standards of
professional appraisal practice and professional ethics are currently evidenced by the
uniform standards of professional appraisal practice. Real estate appraisals shall be
written or oral appraisals and subject to appropriate review for compliance with the
uniform standards of professional appraisal practice. The work file for an oral appraisal
report shall be subject to appropriate review for compliance with the uniform standards
of professional appraisal practice.

    B. The board, upon payment of a fee in an amount specified in its regulations, may
issue a certificate of good standing to any state registered, licensed or certified real
estate appraiser who is in good standing under the Real Estate Appraisers Act.

History: Laws 1990, ch. 75, § 16; 1992, ch. 54, § 14; 1993, ch. 269, § 14; 2003, ch.
328, § 14; 2014, ch. 33, § 13.

                                     ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.

The 2014 amendment, effective May 21, 2014, provided for uniform standards of
professional appraisal practice; and in Subsection A, in the first sentence, after "Each
real estate appraiser", deleted "registered, licensed or certified under the Real Estate
Appraisers Act" and added "trainee, state licensed residential real estate appraiser or
state certified real estate appraiser"; in the second sentence, after "professional
appraisal practice", added "and professional ethics", and at the end of the sentence,
after "professional appraisal practice", deleted "promulgated by the appraisal foundation
and as adopted by regulation under the Real Estate Appraisers Act", and added the
third and fourth sentences.

The 2003 amendment, effective July 1, 2003, in Subsection A inserted "state
apprentice real estate appraiser, state licensed real estate appraiser or state certified"
following "Each" near the beginning, deleted "registered, licensed or certified under the
Real Estate Appraisers Act" following "real estate appraiser" near the beginning and
substituted "rule pursuant to provisions of" for "regulation under" near the end; and in
Subsection B, substituted "rules" for "regulations" following "specified in its" near the
beginning, deleted "state registered, licensed or certified" following "good standing to
any" near the middle and substituted "in accordance with" for "under" preceding "the
Real Estate Appraiser Act" near the end.
The 1993 amendment, effective June 18, 1993, substituted "board" for "commission" in
Subsection B.

The 1992 amendment, effective May 20, 1992, inserted "registered" in the first
sentence in Subsection A and in Subsection B and added "and as adopted by regulation
under the Real Estate Appraisers Act" to the end of Subsection A.