New Mexico § 61-1-3.1 - Limitations

§ 61-1-3.1. Limitations

A. An action that would have any of the effects specified in Subsections D through N of Section 61-1-3 NMSA 1978 or an action related to unlicensed activity shall not be initiated by a board

later than two years after the discovery by the board of the conduct that would be

the basis for the action, except as provided in this section or otherwise provided

by law. Discovery by the board is considered the date on which a complaint or other information

that would reasonably connect the allegations to the person was received by a board

or board staff. B. The time limitation contained in Subsection A of this section shall be tolled by

any civil or criminal litigation in which the licensee or applicant is a party arising

from substantially the same facts, conduct or transactions that would be the basis

for the board's action. C. The New Mexico state board of psychologist examiners shall not initiate an action

that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than five years after the conduct of the psychologist or psychologist associate

that is the basis for the action. However, if the conduct that is the basis for the action involves a minor or a person

adjudicated incompetent, the action shall be initiated, in the case of a minor, no

later than one year after the minor's eighteenth birthday or five years after the

conduct, whichever is last and, in the case of a person adjudicated incompetent, one

year after the adjudication of incompetence is terminated or five years after the

conduct, whichever is last. D. The New Mexico public accountancy board shall not initiate an action under the

1999 Public Accountancy Act that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than two years following the discovery by the board of a violation of that

act.