New
Mexico Register / Volume XXXVI, Issue 18 / September 23, 2025
NOTICE
OF PUBLIC RULE HEARING AND BARBERS AND COSMETOLOGISTS BOARD MEETING
The New Mexico Board of Barbers and Cosmetologists and
the Regulation and Licensing Department will hold a rule hearing on Monday, November
10th, 2025, at 10:00am, immediately followed by a meeting of the
Board of Barbers and Cosmetologists for adoption of the proposed rules listed
below. The hearing and subsequent board meeting will be held at the Regulation
and Licensing Department, located at 5500 San Antonio Dr. NE, Albuquerque,
NM 87109 in the Sandia Conference Room.
The hearing and subsequent Board of Barbers and
Cosmetologists meeting will also be held via Microsoft Teams for those desiring
to attend virtually.
Microsoft Teams Meeting Link:
Meeting ID: 236 324 309 995 7
Meeting (Access) Code: AF3ae3ER
Join by phone: +1 505-312-4308,,43535622#
Access Code:
435 356 22#
The purpose of the rule hearing is to consider the
initiation of rulemaking for the following rules:
16.34.1 GENERAL PROVISIONS
16.34.2 LICENSING
16.34.3 EXAMINATIONS
16.34.4 SPECIAL LICENSES
16.34.5 REGULAR LICENSES
16.34.7 ESTABLISHMENTS AND ENTERPRISES
16.34.8 SCHOOLS
16.34.9 CONTINUING EDUCATION
16.34.11 VIOLATIONS
16.34.14 FEES
16.34.15 ADMINISTRATIVE PENALTIES AND FINES
16.34.16 PARENTAL RESPONSIBILITY ACT COMPLIANCE
On Friday, October 10, 2025, copies of the proposed
rules may be obtained through the New Mexico Board of Barbers and
Cosmetologists website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/barbers-and-cosmetologists/board-information/
or by contacting the Board Administrator, Naomi Baldonado at (505)
476-4622.
The New Mexico Board of Barbers and Cosmetologists
and the Regulation and Licensing Department will begin accepting written public
comment regarding the proposed rule changes beginning Friday October 10, 2025,
at 8:00a.m. and ending Sunday November
9, 2025, at 8:00 a.m. Written public comment may be submitted either by email
to barber.cosmoboard@rld.nm.gov, or by postal mail to the following
address:
New Mexico Regulation and Licensing Department
Attn: New Mexico Board of Barbers and
Cosmetologists
P.O. Box 25101
Santa Fe, NM 87504
Written comments received during the public comment
period (October 9, 2025, and November 9,2025) will be posted to the website
page linked above. Public comments will also be accepted during the rule
hearing and may be submitted in writing or presented orally by those attending
in-person. The members of the New Mexico Board of Barbers and Cosmetology will
not enter substantive discussion of public comments during the rule hearing but
will consider and deliberate any public comment during the regular board meeting
immediately following the conclusion of the public rule hearing.
The agenda for the New Mexico Board of Barbers and
Cosmetology regular meeting, which will begin immediately after the public rule
hearing, will be available no less than 72 hours prior to the meeting, and
available on the website linked above or by contacting the Board Administrator,
Naomi Baldonado at (505) 476-4622.
If you are an individual with a disability who needs
a reader, amplifier, qualified signed language interpreter, or any other form
of auxiliary aid or service to attend or participate in the hearing or the
regular board meeting, please contact the Board Administrator, Naomi Baldonado at
(505) 476-4622 at least 7 days prior to the rule hearing and regular board
meeting. Public documents, including the proposed rules, meeting agenda and
minutes, can be provided in various accessible formats.
For inclement weather: If the New Mexico state
offices are placed on a two-hour delay to inclement weather, the rule hearing
will be pushed back two hours from the noticed hearing time. If New Mexico
state offices are closed due to inclement weather, the rule hearing will be
rescheduled as soon as possible.
Statutory Authority: The rule changes are authorized
by the Barbers and Cosmetologists Act, Section 61-17A-7-A-1 through 61-17A-7-A-10
NMSA 1978, which provides explicit authority for the New Mexico Board of
Barbers and Cosmetologists to protect public health and safety and adopt rules
for the administration of the Act. The rulemaking and public rule hearing is
governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978, and
the Default Procedural Rule for Rulemaking promulgated by the New Mexico
Department of Justice, Parts 1.24.25 through 1.24.25.16 NMAC.
Purpose of the Proposed Rules: The proposed rule
changes aim to update and expand definitions as well as modernize the licensure
process by requiring online applications and removing outdated references to
paper applications. Imputing general licensing procedure previously omitted and
expanding the expiration time of practicing licenses being issued. Lowering
passing percentage to 70% for national exams for licensure. Implement changes
to the requirements for school’s curriculum and allow for upcoming study hours required
and continuing education. To enhance health, sanitation and safety rules for
establishment and practitioners. Improve enforcement tools and penalties
including higher fines for unlicensed activity and sanitation violations also
defining hours of operation. Changes also add a $10.00 administrative
electronic license processing fee per year as well as Administrative returned
check fee of $35.00.
Summary of Proposed Changes: The Board summarizes
its proposed changes to its administrative rules as follows:16.34.1 NMAC –
General Provisions. Adding definitions and removing definitions no longer relevant.
16.34.2 NMA – Licensing. Adding on General Licensing procedure
previously omitted in error. Changes for modernization for Online applications.
16.34.3 – Examinations. Reducing minimum required score to remain in even filed
with other jurisdictions. Adding clarification on failure of any portion of
national exams. 16.34.4 Special Licenses – adding on clarification verbiage for
Barber Apprentice license. Increasing time post
completion of schooling for student permits from 90 to 120 days to allow
sufficient time prior to national testing. Duplicate licenses. clarification
and requirements. 16.34.5—Regular License. To provide change to license
issuance time from 12 to 24 months. Required hours to be adjusted for
Manicurist/Pedicurist and Instructor licensing. 16.34.7 Establishments and
Enterprises. Added definitions, correction of verbiage for address amendments
for establishments. 16.34.8 – Schools. Requirements for school applicants listed clearly. Under curriculum hours required updated for
Barber, Cosmetology, Manicurist/Pedicurist, Manicurist/Esthetician, and
Instructor course. Crossover credits hours for Manicuring/Pedicuring,
Cosmetology to Barbering hours increased on Beard trimming and shaving. Remainder
with clarification on words. 16.34.9 – Continuing Education. Continuing
Education requirements listed clearly. Hours for trade shows increased from six
to twelve. Process added for Audits of Continuing Education and Disciplinary
action for Audits. 16.34.11—Violations. Added on process for Failure to Respond
to Board Requests. 16.34.12 – Fees. Terms updated to ULA for original and
renewal licenses. Administrative Fee added for Returned check and electronic
license processing fee. 16.34.15 – Administrative Penalties and Fines. Administrative
Penalty Fines have been established for Safety and unlicensed activity for
first, second and third offences. 16.34.16 -- Parental Responsibility Act
Compliance. Removed initial and input formal name of Human Services Division. Added
“any other governing agency” as notification source.
*This language is contingent upon
the Board’s position as to whether to accept public comment virtually, or
in-person only.