A. The department shall enforce and administer the provisions of the Private Investigations Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]. B. The department shall keep a record of each individual licensee. C. The department shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce those rules necessary to carry out the provisions of the Private Investigations Act, including establishing professional ethical standards. D. The department shall promulgate rules regarding: (1) licensing private investigators, private investigations managers, private investigation companies, private patrol operators, private patrol operations managers, private patrol employees and polygraph examiners; (2) registering private investigations employees, security guards, private patrol employees and instructors; (3) establishing minimum training and educational standards for licensure and registration; (4) establishing continuing education requirements; (5) establishing and operating a branch office; (6) creating a policy on reciprocity with other licensing jurisdictions of the United States; (7) providing permits for security guards for special events; and (8) conducting background investigations. History: Laws 1993, ch. 212, § 5; § 61-27A-5 recompiled as § 61-27B-5; Laws 2007, ch. 115, § 5; 2022, ch. 39, § 94; 2023, ch. 190, § 40. Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978. Recompilations. — For recompilation of this section, see compiler's note following 61-27B-1 NMSA 1978. The 2023 amendment, effective July 1, 2023, added instructors to an existing list of occupations for which the department of regulation and licensing must promulgate registration rules; and in Subsection D, Paragraph D(2), after "private patrol employees", added "and instructors". The 2022 amendment, effective May 18, 2022, clarified that the regulation and licensing department is required to follow the provisions of the Uniform Licensing Act when enforcing and administering the provisions of the Private Investigations Act and is required to follow the provisions of the State Rules Act when promulgating rules; in Subsection A, after "Private Investigations Act", added "in accordance with the Uniform Licensing Act"; in Subsection C, after "The department shall", deleted "adopt" and added "promulgate rules in accordance with the State Rules Act"; and in Subsection D, after "The department shall", deleted "adopt" and added "promulgate", and in Paragraph D(6), after "reciprocity with other", deleted "states and territories" and added "licensing jurisdictions". The 2007 amendment, effective July 1, 2007, eliminates the advisory board; requires the regulation and licensing department to establish professional ethical standards and to adopt rules regarding matters listed in this section. Cities prohibited from regulating certain investigative businesses and occupations. — With the exception provided by former Section 61-27-11 NMSA 1978, cities may not regulate the businesses and occupations which are included in the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1965 Op. Att'y Gen. No. 65-177.
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