Chapter 60 — Chapter 60

Any person who knowingly makes a false statement in any affirmation made and filed pursuant to Sections 62 through 69 [60-8A-12 to 60-8A-19 NMSA 1978] of the Liquor Control Act shall be liable for suspension of any license issued by the department for a period not to exceed five …

Upon finding that a person has violated the Liquor Control Act [60-3A-1 NMSA 1978] and after appeal or, in the event no appeal is taken, upon the expiration of the time during which an appeal could have been taken, the director may refuse to accept any affirmation required to be …

Every brewer, whether located within or without New Mexico, may designate territorial limits in the state within which the brand or brands of beer manufactured by the manufacturer may be sold by wholesalers of beer to licensees. A wholesaler of beer may enter into written agreeme…

Whenever a New Mexico wholesaler delivers any item of alcoholic beverages to a New Mexico retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee, the delivery shall be accompanied by an invoice which accurately and clearly …

A. The return or repossession of any stock of alcoholic beverages to or by any licensed New Mexico wholesaler shall not be construed as a sale within the meaning of any provision of the Liquor Control Act [60-3A-1 NMSA 1978]. B. The provisions of Subsection A of this section shal…

unenforceable; no garnishment on sales by retailers and dispensers. No action shall be maintained or a garnishment or attachment be issued to collect any debt for merchandise sold, served or delivered in violation of the Liquor Control Act [60-3A-1 NMSA 1978]. No writ of garnishm…

For the purpose of tax revenue control, no holder of a nonresident license or resident broker license may solicit, accept or fill an order for distilled spirits or wine from a holder of any type of wholesaler's license unless the nonresident licensee or resident broker is the pri…

As used in Sections 60-8A-7 through 60-8A-11 NMSA 1978: A. "franchise" means a contract or agreement, either expressed or implied, whether written or oral, between a supplier and wholesaler, wherein: (1) a commercial relationship of definite duration or continuing indefinite dura…

A. The purpose of the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978 is to provide an equal bargaining position between the parties and to protect the health, safety and welfare of the citizens by ensuring that there is an orderly and fair distribution of alcoholic bev…

independent. A. Any wholesaler may bring an action against a supplier for violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978 in any court of competent jurisdiction, and may recover damages, together with the costs of the action, including reasonable attorneys' fees. B. Any …

ANNOTATIONS Recompilations. — Former 60-10-16 NMSA 1978, relating to selling or giving liquor to minors and possession by minors has been recompiled as 60-7B-1.1 NMSA 1978. 60-10-17 to 60-10-40. Repealed.

Chapter 60, Article 13 NMSA 1978 may be cited as the "Construction Industries Licensing Act". History: 1953 Comp., § 67-35-1, enacted by Laws 1967, ch. 199, § 1; 1989, ch. 6, § 1.

The purpose of the Construction Industries Licensing Act is to promote the general welfare of the people of New Mexico by providing for the protection of life and property by adopting and enforcing codes and standards for construction, alteration, installation, connection, demoli…

standards. In addition to the division's other duties, on or before January 1, 1976 the division shall, with the approval of the commission, issue regulations prescribing standards for the installation or use of electrical wiring, the installation of fixtures, plumbing, consumers…

construction code; rules and regulations. A. In addition to the division's other duties, on or before January 1, 1982 it shall, with the approval of the commission and after public hearing, adopt an alcohol fuel plant construction code. The code shall set forth reasonable standar…

solar collectors. As provided in the Solar Collector Standards Act [71-6-4 to 71-6-10 NMSA 1978], the division and commission shall promulgate rules to establish a uniform procedure for the issuance of permits for the construction and installation of solar collectors and to ident…

A. No later than January 1, 2020, the division shall develop and adopt rules governing baby changing facilities for restrooms in a place of public accommodation. B. A place of public accommodation shall provide a baby changing facility in each restroom located in the place of pub…

The division or the commission may: A. sue and be sued, issue subpoenas and compel the attendance of witnesses and the production of documents, records and physical exhibits in any hearing; B. administer oaths; C. adopt and use a seal for authentication of its records, processes …

A. No person shall act as a contractor without a license issued by the division classified to cover the type of work to be undertaken. B. No bid on a contract shall be submitted unless the contractor has a valid license issued by the division to bid and perform the type of work t…

A. Applications for a contractor's license or a certificate of qualification shall be submitted to the division on forms prescribed and furnished by the division and shall contain the information and be accompanied by the attachments required by regulation of the commission. B. E…

ANNOTATIONS Repeals. — Laws 1989, ch. 6, § 67 repeals 60-13-13.1 NMSA 1978, as enacted by Laws 1979, ch. 107, § 1, relating to supplemental licenses and fees for general building contractors, effective July 1, 1989.

The division shall not accept an application, shall not issue a license and shall require a change in the name of a proposed license if the proposed name is identical to or in the opinion of the director so similar that it may cause confusion with a name on a pending application …

A. No license shall be issued by the division to any applicant unless the director is satisfied that the applicant is or has in his employ a qualifying party who is qualified for the classification for which application is made and the applicant has satisfied the requirements of …

and dependents; veterans; waiver of fees. A. The division shall, as soon as practicable but no later than thirty days after a military service member or a veteran files an application, and provides a background check if required, for a license or certificate issued pursuant to th…

A. The commission shall review at its regular meetings all licenses issued by the division. The commission shall report to the superintendent of regulation and licensing and the attorney general any license issued to an applicant who fails to meet the requirements established by …

A. Except as otherwise provided in this section, no certificate of qualification shall be issued to an individual desiring to be a qualifying party until he has passed with a satisfactory score an examination approved and adopted by the division. B. The examination shall consist …

ANNOTATIONS Repeals. — Laws 1989, ch. 6, § 67 repeals 60-13-17 NMSA 1978, as amended by Laws 1977, ch. 245, § 179, relating to review before refusal to license, effective July 1, 1989.

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; …

ANNOTATIONS Repeals. — Laws 1987, ch. 283, § 7 repeals 60-13-21.1 NMSA 1978, as enacted by Laws 1986, ch. 107, § 3, relating to collection and distribution of moneys in the "examination fund," effective June 19, 1987.

ANNOTATIONS Repeals. — Laws 1983, ch. 105, § 24, repeals 60-13-22 NMSA 1978, as amended by Laws 1977, ch. 245, § 184, relating to expenses of the division and the trade bureaus, effective July 1, 1983. .

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…

ANNOTATIONS Repeals. — Laws 1989, ch. 6, § 67 repeals 60-13-37 NMSA 1978, as amended by Laws 1977, ch. 245, § 199, relating to renewal of revoked certification, effective July 1, 1989.