Temporary provision; certain licensing functions; executive order transfer.

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A. The control of the professional and occupational licensing functions of the executive branch of state government may be consolidated under the supervision of the regulation and licensing department upon executive order issued by the governor, and the executive order shall provide for such advisory committees as are deemed necessary or appropriate.

B. In the event an executive order is issued by the governor pursuant to Subsection A of this section, all records, physical properties and money pertaining to professional and occupational licensing functions transferred to the regulation and licensing department shall be transferred to that department.

C. It is the express purpose and intent of the legislature to authorize the consolidation of professional and occupational licensing functions in the regulation and licensing department so as to effect the more economical use and expenditure of public money by eliminating the duplication of services, operations and administration of the various professional and occupational licensing functions for the benefit of the citizens of the state.

History: Laws 1983, ch. 297, § 30.

ANNOTATIONS

Effective dates. — Laws 1983, ch. 297, § 34 made Laws 1983, ch. 297, § 30 effective July 1, 1983.

Compiler's notes. — This section was previously uncompiled and was compiled at this location in 1996.

Cross references. — For the regulation and licensing department, see Chapter 9, Article 16 NMSA 1978.

Current application. — An executive order, issued pursuant to this section, under which the New Mexico real estate commission was placed under the supervision of the New Mexico regulation and licensing department has not yet been replaced or repealed and continues today as does this section and is therefore the current law. N.M. Regulation & Licensing Dep't v. Lujan, 1999-NMCA-059, 127 N.M. 233, 979 P.2d 744.

Statutes and rules of individual licensing boards not superseded. — This section and the Regulation and Licensing Department Act [9-16-1 to 9-16-13 NMSA 1978] do not supersede the specific powers and duties that the legislature has given to the board of veterinary examiners pursuant to the Veterinary Practice Act. 1987 Op. Att'y Gen. No. 87-58.

Legislative purpose. — By enacting this section, the legislature did not delegate to the governor its power to repeal the statutes governing the individual boards and commissions; such an action would be in contravention of article III, § 1 of the New Mexico constitution. The more reasonable interpretation of the act is that the legislature merely delegated to the regulation and licensing department administrative or ministerial duties with respect to licensing functions of the autonomous boards; the intent of this section is to give the governor the opportunity to select initially which boards would have the regulation and licensing department administer their licensing functions. 1987 Op. Att'y Gen. No. 87-58.


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