N.M. Admin. Code § 16.48.1.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.48.1.7 - DEFINITIONS

As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning:

A."act" means the New Mexico Private Investigations Act;

B."advisory board" means the New Mexico private investigations advisory board;

C."alarm company" means a company that installs burglar or security alarms in a facility and responds with guards when the alarm is sounded;

D."applicant" means any natural person who is applying for registration or licensure pursuant to the private investigations act;

E."armored car company" has the same meaning as defined in Subsection A of Section 61-27B-2 NMSA 1978;

F."bodyguard" has the same meaning as defined in Subsection B of Section 61-27B-2 NMSA 1978;

G."branch office" has the same meaning as defined in Subsection C of Section 61-27B-2 NMSA 1978;

H."charts" means a continuous recording of the physiological changes in human respiration, cardiovascular activity and skin resistance or conductance;

I."client" has the same meaning as defined in Subsection D of Section 61-27B-2 NMSA 1978;

J."conviction" has the same meaning as defined in Subsection E of Section 61-27B-2 NMSA 1978;

K."department" has the same meaning as defined in Subsection F of Section 61-27B-2 NMSA 1978;

L."good moral character" means a personal history characterized by honesty, fairness and respect for the rights of others and for state and federal law;

M."individual" has the same meaning as defined in Subsection G of Section 61-27B-2 NMSA 1978;

N."legal business entity" has the same meaning as defined in Subsection H of Section 61-27B-2 NMSA 1978;

O."licensee" has the same meaning as defined in Subsection I of Section 61-27B-2 NMSA 1978;

P."polygraph examiner" has the same meaning as defined in Subsection J of Section 61-27B-2 NMSA 1978;

Q."polygraph examination" also referred to as a psychophysiological detection of deception (PDD) means a test or series of tests designed to assess the truthfulness of an examinee to an issue or issues of concern and includes all charts, reports, allied documents and recordings generated or received regarding the testing procedures;

R."polygraph instrument" means a mechanical or digital computer instrument that, at a minimum, records simultaneously physiological changes in human respiration, skin resistance or conductance, and cardiovascular activity including relative blood pressure or volume;

S."polygraphy" has the same meaning as defined in Subsection K of Section 61-27B-2 NMSA 1978 NMSA 1978;

T."private investigation company" has the same meaning as defined in Subsection L of Section 61-27B-2 NMSA 1978;

U."private investigator" has the same meaning as defined in Subsection M of Section 61-27B-2 NMSA 1978;

V."private investigations employee" has the same meaning as defined in Subsection N of Section 61-27B-2 NMSA 1978;

W."private investigations manager" has the same meaning as defined in Subsection O of Section 61-27B-2 NMSA 1978;

X."private patrol company" has the same meaning as defined in Subsection P of Section 61-27B-2 NMSA 1978;

Y."private patrol employee" has the same meaning as defined in Subsection Q of Section 61-27B-2 NMSA 1978;

Z."private patrol operations manager" has the same meaning as defined in Subsection R of Section 61-27B-2 NMSA 1978;

AA."private patrol operator" has the same meaning as defined in Subsection S of Section 61-27B-2 NMSA 1978;

BB."proprietary commercial organization" has the same meaning as defined in Subsection T of Section 61-27B-2 NMSA 1978;

CC."provisional license" means a license to practice polygraphy for the probationary period that is required to determine operational competency;

DD."psychologist" means an individual in good standing and licensed by the New Mexico Board of Psychologist Examiners or another United States jurisdiction to engage in the practice of psychology;

EE."registered agent" means Registered agent means a business or individual designated to receive service of process or subpoena on behalf of a private investigations company or private patrol company licensed and doing business in New Mexico, located out of the state. The registered agent must also be available to receive any informational notices or other documents on behalf of the licensee.

FF."registrant" has the same meaning as defined in Subsection U of Section 61-27B-2 NMSA 1978;

GG. "screening examination" means any examination that is non-specific and deals with general background information;

HH."security dog handler"

II."security guard" has the same meaning as defined in Subsection W of Section 61-27B-2 NMSA 1978;

JJ."sponsor" means a licensed polygraph examiner;

KK."special event" has the same meaning as defined in Subsection X of Section 61-27B-2 NMSA 1978;

LL."specific event examination" means any examination that deals with a specific issue, crime or incident, criminal or otherwise;

MM."superintendent" means the superintendent of the regulation and licensing department;

NN."test data" means the psychological or physiological data recorded or collected during a psychological evaluation or polygraph examination;

OO."test data analysis" means the quantitative application of standardized scoring rules to the psychological or physiological test data and includes the use of computerized scoring programs and interpretation of collateral and clinical information collected during the evaluation.

N.M. Admin. Code § 16.48.1.7

16.48.1.7 NMAC - Re-pr, 16.48.1.7 NMAC, 09/24/08, Amended by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/15/2019, Amended by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021