There is created the "New Mexico real estate commission". The commission shall be appointed by the governor and shall consist of five members who shall have been residents of the state for three consecutive years immediately prior to their appointment, four of whom shall have been associate brokers or qualifying brokers licensed in New Mexico and one of whom shall be a member of the public who has never been licensed as an associate broker or a qualifying broker; provided that not more than one member shall be from any one county within the state. The members of the commission shall serve for a period of five years or until their successors are appointed and qualified. The governor may remove a member for cause. In the event of vacancies, the governor shall appoint members to complete unexpired terms. The commission shall possess all the powers and perform all the duties prescribed by Chapter 61, Article 29 NMSA 1978 and as otherwise provided by law, and it is expressly vested with power and authority to make and enforce rules to carry out the provisions of that article. Prior to a final action on a proposed change or amendment to the rules of the commission, the commission may publish notice of the proposed action in its official publication, distribute the publication to each active licensee and give the time and place for a public hearing on the proposed changes. The hearing shall be held at least thirty days prior to a proposed final action. Changes or amendments to the rules shall be filed in accordance with the procedures of the State Rules Act [Chapter 14, Article 4 NMSA 1978] and shall become effective thirty days after notification to all active licensees of the filing of the changes or amendments.
History: 1953 Comp., § 67-24-21, enacted by Laws 1959, ch. 226, § 3; 1978, ch. 203, § 1; 1983, ch. 261, § 1; 1987, ch. 90, § 2; 1990, ch. 75, § 25; 2003, ch. 22, § 1; 2003, ch. 408, § 30; 2005, ch. 35, § 3.
ANNOTATIONSCross references. — For Uniform Licensing Act, see 61-1-1 NMSA 1978.
The 2005 amendment, effective January 1, 2006, requires that real estate commission members be a licensed associate broker or a qualifying broker; provides that in the event of vacancies, the governor shall appoint members to complete the unexpired terms; and provides authority to promulgate rules only.
2003 amendments. — Substantively identical amendments to this section were enacted by Laws 2003, ch. 22, § 1, effective June 20, 2003, and Laws 2003, ch. 408, § 30, effective July 1, 2003, deleting "called 'the commission' in Chapter 61, Article 29 NMSA 1978" following "real estate commission" at the end of the first sentence of the section; deleting "and regulations" following "amendments to the rules" near the beginning of the ninth sentence; and deleting "The commission may employ any staff it deems necessary to assist in carrying out its duties and in keeping its records" following "changes or amendments." at the end of the section. Chapter 408, § 30 also made minor grammatical changes. This section is set out as amended by Laws 2003, ch. 408, § 30. See 12-1-8 NMSA 1978.
The 1990 amendment, effective May 16, 1990, inserted "and as otherwise provided by law" following "Chapter 61, Article 29 NMSA 1978" in the sixth sentence.
Commission members subject to discretionary removal. — Since the governor may remove any person appointed by him or his predecessor, he can remove any member of the real estate commission at any time without notice or hearing. 1963 Op. Att'y Gen. No. 63-134.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51.
53 C.J.S. Licenses § 9.