The Value of a Professional License
Obtaining a professional license in New Mexico—whether for construction, law, accounting, pharmacy, or another regulated profession—requires significant time, effort, and financial investment. Beyond the work it takes to earn, your license represents more than just credentials. It is your livelihood, granting you the legal right to practice your profession and support yourself and your family.
What many licensees don’t realize is that a professional license is considered a property right. Under the U.S. Constitution, the government cannot take away property without due process of law. This means that before a New Mexico licensing board can suspend, revoke, or otherwise restrict your license, it must follow specific legal procedures designed to protect your rights.
The New Mexico Uniform Licensing Act (ULA)
The Uniform Licensing Act (ULA) establishes the rules state boards must follow before disciplining a licensee. One of the most important requirements is that the Board must first issue a Notice of Contemplated Action (NCA).
An NCA serves as formal notice that the Board intends to take disciplinary action against your license and explains the reasons for that action. The ULA spells out the information an NCA must contain, but the key point is this: the Board cannot lawfully proceed against your license without first giving you this notice.
Your Responsibilities After Receiving an NCA
While the ULA protects licensees by requiring notice, it also imposes obligations on you as the license holder. The most critical is your right—and responsibility—to request a hearing.
Once you receive an NCA, you have 20 days to notify the Board in writing that you want a hearing. This hearing is your opportunity to:
· Present documents and other evidence.
· Call witnesses to testify on your behalf.
· Challenge the allegations made against you.
Failing to request a hearing within the 20-day deadline is extremely risky. If you do nothing, the Board can enter a default judgment against you. In that case, the disciplinary action proposed in the NCA—suspension, revocation, or other penalties—will be imposed automatically, without your side of the story ever being heard.
The takeaway is simple but critical: never ignore a Notice of Contemplated Action. Protecting your license means acting quickly, understanding your rights under the ULA, and exercising your right to a hearing. Missing the deadline could cost you your license—and your career.
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