Chapter 60, Chapter 60

A. Licenses issued by the division are not transferable. B. Contractor's licenses shall expire two years after the issuance date or as determined by the division, but in no instance less than one year, and shall be renewable upon application to the division and payment of the pre…

A. The licensee shall exhibit satisfactory evidence of the possession of a license on demand and shall clearly indicate his contractor's license number on all written bids and when applying for a building permit. B. A contractor who fails to indicate his contractor's license numb…

As used in the Construction Industries Licensing Act: A. "division" means the construction industries division of the regulation and licensing department; B. "trade bureau", "jurisdiction" and "trade bureau jurisdiction" mean the electrical bureau, the mechanical bureau, the gene…

and licensing service fees. A. The division shall by regulation establish and charge, except as provided in Section 4 [60-13-14.1 NMSA 1978] of this 2021 act, reasonable candidate and applicant fees for each license and certificate classification for initial applications, initial…

Fees received by the division except journeymen examination fees shall be paid to the state treasurer for deposit and transfer as provided in Section 9-16-14 NMSA 1978. History: 1953 Comp., § 67-35-24, enacted by Laws 1967, ch. 199, § 24; 1969, ch. 189, § 1; 1973, ch. 259, § 10; …

causes. Any license issued by the division shall be revoked or suspended by the commission for any of the following causes: A. if the licensee or qualifying party of the licensee willfully or by reason of incompetence violates any provision of the Construction Industries Licensin…

A. Notwithstanding any provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] or the Construction Industries Licensing Act to the contrary, the commission may, in addition to or instead of revocation or suspension of a license issued by the division for any cause s…

certificates; causes for revocation or suspension. Any certificate of qualification or statewide inspector's certificate shall be revoked or suspended by the commission for the following causes: A. misrepresentation of a material fact by the individual in obtaining the certificat…

In the event the employment or business relationship between the qualifying party and the licensee is terminated, the licensee and the qualifying party shall notify the division within thirty days of that termination in relationship, and the license shall be suspended for one hun…

Neither the division, the bureaus, their duly authorized employees nor members of the commission shall be held personally responsible or liable for any act pertaining to their official duties. History: 1953 Comp., § 67-35-29, enacted by Laws 1967, ch. 199, § 29; 1977, ch. 245, § …

investigations by division; informal resolution; notice of revocation action. A. The division on its own motion or upon the verified complaint in writing of any person shall investigate the actions of any licensee or certificate holder. The director may assign one or more inspect…

A. The commission shall make all suspensions for a definite period not exceeding ninety consecutive days. Suspension of a license for any cause specified in the Construction Industries Licensing Act shall not preclude revocation of that license for cause by the commission. B. A c…

A. After revocation of any license or certificate issued pursuant to the Construction Industries Licensing Act, no person shall be eligible to apply for a new license or certificate until a period of one year after the date of the original order of revocation by the commission ha…

As used in the Construction Industries Licensing Act, "contractor": A. means any person who undertakes, offers to undertake by bid or other means or purports to have the capacity to undertake, by himself or through others, contracting. Contracting includes constructing, altering,…

contractor; improper reporting; penalty; license sanctions. A. Except as provided in Subsection D of this section, for purposes of the employer and employee relationship within those construction industries subject to the Construction Industries Licensing Act, a contractor who is…

of license. A. No contractor shall act as agent or bring or maintain any action in any court of the state for the collection of compensation for the performance of any act for which a license is required by the Construction Industries Licensing Act without alleging and proving th…

There are created under the division the "electrical bureau," the "mechanical bureau," the "general construction bureau" and the "liquefied petroleum gas bureau." History: 1953 Comp., § 67-35-34, enacted by Laws 1967, ch. 199, § 34; 1973, ch. 259, § 12; 1977, ch. 245, § 193; 1983…

As used in the Construction Industries Licensing Act: A. "electrical wiring" means all wiring, conductors, fixtures, devices, conduits, appliances or other equipment, including generating equipment such as solar electricity generating equipment of not over ten kilowatt capacity, …

The trade bureaus shall: A. cooperate in administering examinations for the licensing and certification of the occupations or trades assigned to their jurisdictions pursuant to the Construction Industries Licensing Act, and provide those examinations and any related materials in …

A. The commission may suspend any certificate of competence issued within the scope of the bureau's trade for a definite period not exceeding ninety consecutive days. B. Suspension of a certificate of competence shall be for any cause specified in the Construction Industries Lice…

A. A person shall not engage in the occupation or trade of journeyman unless he holds a certificate of competence issued by the division for the occupation or trade in which he desires to engage. B. The categories for certificates of competence are: journeyman electrician, journe…

A. Certificates of competence issued by the division are not transferable and shall expire on the date established by the division, not more than three years from the month of issuance. B. Application shall be made before the expiration date for renewal of a current certificate o…

A. State inspectors shall be employed by the director. B. Qualifications for inspectors shall be prescribed by the commission, and applicants shall submit to an appropriate background check as prescribed by the commission. Inspectors shall meet the minimum continuing education re…

A. A state certified inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of the inspector's official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within t…

A. The electrical bureau shall recommend to the commission minimum standards for the installation or use of electrical wiring. The recommendations shall substantially embody the applicable provisions of an electrical code for safety to life and property promulgated by a nationall…

A. The trade bureaus within their respective jurisdictions may require a permit to be secured and conspicuously posted prior to any construction, installation, alteration, repair or addition to or within any building, structure or premises. B. No permit shall be required for the …

A. In lieu of an individual permit for each installation, alteration or repair, an annual permit shall be issued, upon application, to any person, commercial or industrial plant or enterprise, governmental agency or political subdivision of the state that regularly employs one or…

A. Except where work is done under an annual permit, no public utility shall make a connection from a supply of water or gas to an installation for which a permit is required, or which has been disconnected or ordered to be disconnected by the trade bureau having jurisdiction, wi…

No information from financial statements obtained from applicants for licenses or licensees for the division's use in determining responsibility or maintaining proof of responsibility for the future shall be released unless in statistical form and classified to prevent identifica…

A. No applicant for a contractor's license or for renewal of a contractor's license shall be issued a license until the director determines that the applicant furnishes proof of responsibility pursuant to Subsection B of this section. B. Proof of responsibility shall be a bond of…

No municipality shall require any person or corporation licensed under the provisions of the Construction Industries Licensing Act to file or obtain as a condition of doing business as a licensed contractor within the municipality any additional license bond as proof of responsib…

A. Any person who acts in the capacity as a contractor within the meaning of the Construction Industries Licensing Act without a license required by that act, and any person who holds himself out as a sales representative of a contractor which contractor is without a license as r…

mandamus. The commission or division may enforce in the district court of the county in which the offense was committed the provisions of the Construction Industries Licensing Act by injunction, mandamus or any proper legal proceeding. History: 1953 Comp., § 67-35-60, enacted by …

Any person who, at the time of the passage and approval of the Construction Industries Licensing Act, is engaged in any occupation, trade or activity related thereto, pursuant to a valid license authorizing such acts and operations issued under laws repealed by this act and rules…

Any code and minimum standard related to the construction, alteration, installation or repair of a private or public building, or installation on public or private premises, in effect at the time of passage and approval of the Construction Industries Licensing Act shall continue …

The commission may designate a hearing officer to preside over and take evidence at any hearing held pursuant to the Construction Industries Licensing Act. Hearing officers may be employees or individuals hired outside the division by contract or on a case by case basis as determ…

Every building permit or notice of permit required under the provisions of a building code shall: A. clearly indicate the name and address of the owner of the property; B. contain a legal description of the property being built upon, either by "lot and block" description in a sub…

duties. A. There is created within the division the "construction industries commission". The commission shall be composed of nine voting members who shall serve at the pleasure of the governor. Members shall be appointed by the governor, with the advice and consent of the senate…

and qualifications. The superintendent of regulation and licensing shall appoint the director of the division, who shall be a person who meets at least one of the following qualifications: A. is or has been an active practicing construction contractor for at least five years; B. …

A. The division shall employ personnel, procure equipment and supplies and assemble records as necessary to carry out the provisions of the Construction Industries Licensing Act. B. Any person employed or placed under contract by the division or by any county or municipality for …

fund created; appropriation. The "construction industries division publications revolving fund" is created. All money collected by the division from the sale of publications and information related to the licensing and regulatory provisions of and issues arising under the Constru…

The division shall: A. approve and adopt examinations on codes and standards, business knowledge, division rules and regulations and on the Construction Industries Licensing Act recommended by the commission for all classifications of contractor's licenses; B. issue, under the di…

This act [60-13A-1 to 60-13A-14 NMSA 1978] may be cited as the "Employee Leasing Act". History: Laws 1993, ch. 162, § 1.

An employee leasing contractor shall provide any benefits required by law to be provided employees by employers. The contractor shall provide to the department proof of any required insurance benefits prior to registration or renewal of registration. History: Laws 1993, ch. 162, …

A. In accordance with the procedures contained in the Uniform Licensing Act [61-1- 1 to 61-1-31 NMSA 1978], the department may revoke the registration of any employee leasing contractor upon grounds that the contractor: (1) is guilty of fraud, deception or misrepresentation in pr…

Any person doing business in this state as an employee leasing contractor without being registered as required under the Employee Leasing Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1…

A. Any employee leasing contractor who violates any provision of the Employee Leasing Act may be fined by the department for the violation in the amount of one thousand dollars ($1,000) and, if it is a continuing violation, the department may impose a fine of one thousand dollars…

An employee leasing contractor shall disclose to a client the services to be rendered by the contractor, the costs of those services and a description of the respective rights and obligations of the parties prior to entering into an employee leasing arrangement with the client. H…

As used in the Employee Leasing Act: A. "applicant" means a person applying for registration as an employee leasing contractor; B. "client" means a person who obtains workers through an employee leasing arrangement; C. "department" means the regulation and licensing department; D…

as condition to do business in the state. A. No person shall do business in the state as an employee leasing contractor unless the person is registered with the department. B. Registration shall be renewed annually. The renewal date shall be the first day of the month one year af…