Private Investigations Board: Members and Meetings
Members:
Jeffery Burke, Private Investigator
John E. Hughes, Private Investigator
Peter G. Pierangeli, Polygraph Examiner
Vacant, Public Member
Vacant, Public Member
Meeting Information:
December 11, 2020 Regular Board Meeting
Notice is hereby given that the Private Investigations Advisory Board will convene a regular meeting on Friday, December 11, 2020. The meeting will begin at 9:00 a.m. and will be held via Cisco Webex Meetings.
Cisco Webex Meeting link:
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e0455acfd0e96413194953eb8764a4810
Meeting number (access code): 146 353 4661
Join by phone:
Phone Number: +1-415-655-0002
Access code: 146 353 4661
The agenda will be posted and available at least 72 hours before the meeting on the Board’s website at http://www.rld.state.nm.us/boards/Private_Investigations_Members_and_Meetings.aspx. Copies may also be obtained by contacting Austin Basham, Board Administrator at (505) 690-5032.
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 Austin Basham, Board Administrator at (505) 690-5032.
AGENDA
December 30, 2020 Rule Hearing
The Regulation and Licensing Department (Department) Private Investigations Advisory Board will hold a rule hearing on Wednesday, December 30, 2020 at 9:00 a.m. The rule hearing will be held via Cisco WebEx, please use the following link:
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e96e3fc2463ed163d46f1fb9b10f11bb8
To join the meeting by phone: 1-415-655-0002 United States Toll
Access Code: 146 155 0413
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 Austin Basham, Board Administrator at (505) 690-5032.
The purpose of the public rule hearing is to consider proposed amendments to parts one through eight promulgated pursuant to the Private Investigations Act, Sections 61-27B-1 through 61-27B-36. The amendments are related to the following rules:
16.48.1 NMAC – General Provisions
16.48.2 NMAC – Requirements for Licensure
16.48.3 NMAC – Standards of Practice
16.48.4 NMAC – Mandatory Firearms Training
16.48.5 NMAC – Fees
16.48.6 NMAC – Continuing Education
16.48.7 NMAC – License Renewal, Inactive Status and Reinstatement
16.48.8 NMAC – Licensure for Military Service Members, Spouses and Veterans
To obtain and review copies of the proposed changes you may go to the Board’s website at: http://www.rld.state.nm.us/boards/Private_Investigations_Rules_and_Laws.aspx, or contact the Boards and Commissions Division at (505) 690-5032.
The Department will begin accepting public comments on the proposed amendments beginning November 24, 2020. Please submit written comments on the proposed changes to Austin Basham, Board Administrator, via electronic mail at: pipolygraphbd@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504 no later than 28, December, 2020. Comments received prior to the rule hearing will be posted to the RLD website at: http://www.rld.state.nm.us/boards/Private_Investigations_Members_and_Meetings.aspx. Persons will also be given the opportunity to present their comments at the rule hearing.
Statutory Authority: Legal authority for this rulemaking may be found in the Private Investigations Act, Sections 61-27B-1 through 62-27B-36 NMSA 1978, which among other provisions, specifically authorizes the Department to “adopt and enforce rules necessary to carry out the provision of the Private Investigations Act, including establishing professional ethical standards.” Section 61-27B-5(C) NMSA 1978.
Summary of Proposed Changes:
16.48.1 NMAC – General Provisions
Added and clarified definitions, made corrections to definitions section to conform to the requirements of the State Rules Act, Section 14-4-5.7 NMSA 1978.
16.48.2 NMAC – Requirements for Licensure
Amends the title of the rule, Part 2, to include that the rule applies to licensure and registrations, changes required documentation for proof of age; removes private investigators and private patrol operators from surety bond requirements; revised sections related to fingerprinting for background investigations to comply with 61-27B-34 NMSA 1978, effective on July 1, 2020; revised the rule to require a Department approved curriculum for security guard level one, level two, and level three training; revises requirements for psychological evaluations for level three applicants; revised instructor certification requirements; requires update of instructor certifications every four years; requires instructors to complete four hours of continuing education specific to instructor development; removes the special event permit requirements as they are duplicative to Section 61-27B-19 NMSA 1978; and revised the rule to conform to the requirements in Section 61-1-35 NMSA 1978, effective May 20, 2020.
16.48.3 NMAC – Standards of Practice
Clarifies that alcoholic beverages shall not be consumed by any licensee or registrant while on duty; makes grammatical corrections.
16.48.4 NMAC – Mandatory Firearms Training
Clarifies requirements for mandatory firearms training and requires use of a form issued by the Department to show compliance.
16.48.5 NMAC – Fees
Makes corrections to the entity where fees are payable.
16.48.6 NMAC – Continuing Education
Clarifies the definition of “renewal period” and adds private patrol operators to the requirement to complete four hours of continuing education.
16.48.7 NMAC – License Renewal, Inactive Status and Reinstatement
Amends the title of the rule, Part 7 to reference that the rule applies to renewal of licenses and registrations; requires all applications for licensure or registration to have instructions for completion of the renewal process; revises the rule to remind licensees and registrants that they will receive a courtesy notice via electronic mail, ultimately they will be responsible for timely renewal; revises requirements for reinstatement, inactive licensure or registration.
16.48.8 NMAC – Licensure for Military Service Members, Spouses and Veterans
Amends Part 8 to comply with the requirements set out in 61-1-34 NMSA 1978, effective July 1, 2020.
Explanation of Purpose of Proposed Changes:
The proposed amendments are intended to clarify current procedures, and to comply with recent statutory amendments in the State Rules Act, Uniform Licensing Act, and the Private Investigations Act.
COMMENTS ON PROPOSED RULES
Fred Behnken
Steven Foldy
Bruce Finger