reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-3 - Invoices.

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 shows the date of the sale and the quantity of each item of merchandise delivered. The retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee receiving the alcoholic beverages shall retain the invoice for a period of two years. The invoices shall be open for inspection and examination by any employee of the department or the taxation and revenue department during all usual business hours.
History:
Laws 1981, ch. 39, § 70.
ANNOTATIONS
"Invoice" construed.
— Document, which was labeled as an invoice, listing various types of beer along with the quantity, unit price, total price, and a discount, was an "invoice" within the meaning of this section.
Pucci Distrib. Co. v. Nellos
, 1990-NMSC-074, 110 N.M. 374, 796 P.2d 595.
Licensee must observe obligations of each license owned.
— A person owning more than one license must still exercise the rights and observe the obligations granted by each license independently of the other licenses. 1980 Op. Att'y Gen. No. 80-34.
A licensee holding more than one dispenser or retailer license may not purchase all the alcoholic liquors needed by his multiple operations under the privilege of only one license, store them unsegregated in a common facility, and then distribute them from the common facility, as needed, to the different licensed operations. 1980 Op. Att'y Gen. No. 80-34.
Law reviews.
— For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 205.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-4 - Returns.

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 shall apply in case of the return or repossession of any alcoholic beverages to or by a nonresident licensee by or from any New Mexico wholesaler.
History:
Laws 1981, ch. 39, § 73.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-5 - Debts for merchandise sold in violation of law 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 garnishment shall issue where the debt or obligation or the cause of action in the original suit or the garnishment action is founded upon the sale or purchase of alcoholic beverages by or from a retailer or dispenser as defined in Section 3 [60-3A-3 NMSA 1978] of that act.
History:
Laws 1981, ch. 39, § 76.
ANNOTATIONS
Writ of garnishment.
— Laws 1909, ch. 62, § 1, relating to writs of garnishment and grounds for garnishment, was repealed by Laws 1969, ch. 139, § 2.
Application of section.
— This section applies not only to illegal credit sales by retailers to consumers, but sanction of disallowing actions to recover debt also applies to violations of the tied-house laws.
N.M. Beverage Co. v. Blything
, 1985-NMSC-039, 102 N.M. 533, 697 P.2d 952.
Law reviews.
— For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 213.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-6 - Primary American source of supply.

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 primary American source of supply for the brand of distilled spirits or wine that is ordered. As used in this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler or the exclusive agent of any of those. To be the "primary American source of supply," the nonresident licensee or resident broker must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.
History:
Laws 1981, ch. 39, § 122.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-7 - Franchises; definitions.

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 duration is involved; and
(2) the wholesaler is granted the right to buy and to offer, sell and distribute within this state or any designated area thereof such of the supplier's brand of packaged alcoholic beverages as may be agreed upon;
B. "good cause":
(1) includes failure by the wholesaler to substantially comply with the essential and reasonable provisions of a contract, agreement or understanding with a supplier;
(2) includes use of bad faith on the part of the wholesaler in carrying out the terms of the franchise; and
(3) does not include failure or refusal on the part of the wholesaler to engage in any trade practice, conduct or activity that may result in a violation of any federal law or regulation or any law or regulation of this state;
C. "supplier" means a person, partnership, corporation or other form of business enterprise engaged in business as a manufacturer, importer, broker, agent or its successors or assigns that distributes any or all of its brands of alcoholic beverages through licensed wholesalers in this state. "Supplier" does not include successors or assigns for spirituous liquors or wines;
D. "termination" includes any substantial alteration or modification of the provisions of the franchise; and
E. "good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing in the trade as evidenced by all surrounding circumstances.
History:
Laws 1981, ch. 39, § 54; 1987, ch. 263, § 1; 2003, ch. 100, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, in Subsection C, substituted "agent or its successors or assigns that" for "or agent which" following "importer, broker" and added the last sentence.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-9 - Franchises; recovery of damages; injunction; remedies 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 wholesaler may bring an action against a supplier in any court of competent jurisdiction for injunctive relief against termination, cancellation or failure to renew a franchise in violation of the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978.
C. The remedies provided in this section are independent of and supplemental to any other remedy available to the wholesaler in law or equity.
D. It is the intent of the legislature that the Liquor Control Act [60-3A-1 NMSA 1978] control contractual relations between suppliers and wholesalers in the state. Any contract provision which has the effect of circumventing the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978, whether a "choice of law" provision, or other provision, shall be deemed null and void and not applicable to franchises between suppliers and wholesalers in the state.
E. In any action brought by a wholesaler against a supplier under the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978, if it is determined that the supplier terminated a franchise without good cause or not in good faith, such supplier shall be responsible to any wholesaler so aggrieved in damages in an amount not less than three times the annual gross profits derived by such wholesaler from the sale of any and all brands under such franchise.
History:
Laws 1981, ch. 39, § 56; 1993, ch. 57, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "60-8A-7 through 60-8A-11 NMSA 1978" for "54 through 58 of the Liquor Control Act" in Subsections A and B and added Subsections D and E.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-10 - Franchises; actions; defense.

In any action brought by a wholesaler against a supplier for termination, cancellation or failure to renew a franchise in violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978, it is a complete defense for the supplier to prove that the termination, cancellation or failure to renew was done in good faith and for good cause. It shall not be a defense to any action brought by a wholesaler against a supplier under the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978 for the supplier to claim that the laws of another state control over those provisions or in any way make the cited provisions not applicable.
History:
Laws 1981, ch. 39, § 57; 1993, ch. 57, § 3.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "60-8A-7 through 60-8A-11 NMSA 1978" for "54 through 58 of the Liquor Control Act" and added the second sentence.
Evidence warranting appointment of second distributor.
— The court's findings of fact support conclusion that supplier acted in good faith and for good cause in appointing a second distributor in New Mexico and that distributor's cause of action for violation of the franchise statutes fails where distributor consistently failed to meet sales expectations, followed a market philosophy contrary to that of supplier, failed to take sufficient steps as promised to improve its performance, and, in supplier's business judgment, failed to adequately represent supplier's product in New Mexico in light of supplier's repeated notifications of its substandard performance and attempts to anticipate improvements.
State Distribs., Inc. v. Glenmore Distilleries Co.
, 738 F.2d 405 (10th Cir. 1984)(decided prior to 1987 amendment of Section 60-8A-7 NMSA 1978, defining "good faith").
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-11 - Franchises; time limit for bringing of action.

Any action brought pursuant to Sections 54 through 58 [60-8A-7 to 60-8A-11 NMSA 1978] of the Liquor Control Act shall be forever barred unless commenced within one year after the cause of action has accrued.
History:
Laws 1981, ch. 39, § 58.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 449.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-12 - Filing of schedules required.

A. No brand of spirituous liquors shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a price and discount schedule is filed with the director and is then in effect.
B. Such schedule shall be filed by the owner of the brand who is the holder of a nonresident license issued by the department.
History:
Laws 1981, ch. 39, § 62; 1985, ch. 5, § 1.
ANNOTATIONS
Former Discrimination in Selling Act constitutional.
— The 1967 New Mexico Discrimination in Selling Act, former Sections 60-12-1 through 60-12-10 NMSA 1978, similar to present Sections 60-8A-12 through 60-8A-19 NMSA 1978, was constitutional.
U.S. Brewers Ass'n v. Rodriguez
, 465 U.S. 1093, 104 S. Ct. 1581, 80 L. Ed. 2d 115 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 237.
Price regulation, 14 A.L.R.2d 699.
48 C.J.S. Intoxicating Liquors § 191.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-13 - Selling to wholesalers at prices different than shown in schedule.

A brand of spirituous liquors shall not be sold to wholesalers except at the price and discounts shown on the schedule unless prior written permission of the director is granted for reasons not inconsistent with the purposes of Sections 60-8A-12 through 60-8A-19 NMSA 1978.
History:
Laws 1981, ch. 39, § 63; 1985, ch. 5, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 203.
48 C.J.S. Intoxicating Liquors § 212.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-14 - Form of schedule.

The schedule of prices and discounts shall be in writing, duly verified and filed in the number of copies, form and at such time as required by the director. It shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents and age and proof where stated on the label; the number of bottles contained in each case; the bottle and case price to wholesalers, which shall be individual for each item; the discounts for quantity, if any; and the discounts for time of payment, if any.
History:
Laws 1981, ch. 39, § 64.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-15 - Filing of affirmation.

The owner of a brand of spirituous liquors shall file as part of the schedule a verified affirmation that the price to New Mexico wholesalers is no greater than the lowest price at which the item of spirituous liquors is sold by the brand owner or any related person to any wholesaler anywhere in any other state of the United States or in the District of Columbia, or to any state or state agency which owns and operates retail liquor stores. As used in this section, "related person" means any person:
A. in any business in which the brand owner has an interest, direct or indirect, by stock or other security ownership, as lender or lienor or by interlocking director or officer;
B. in the exclusive, principal or substantial business of selling a brand of spirituous liquors purchased from the brand owner; or
C. who has an exclusive franchise or contract to sell the brand of spirituous liquors.
History:
Laws 1981, ch. 39, § 65; 1985, ch. 5, § 3.
ANNOTATIONS
Constitutionality.
— This section is neither arbitrary nor discriminatory and does not violate due process or equal protection and is, therefore, constitutional.
United States Brewers Ass'n v. Director of N.M. Dep't of ABC
, 1983-NMSC-059, 100 N.M. 216, 668 P.2d 1093, appeal dismissed, 465 U.S. 1093, 104 S. Ct. 1581, 80 L. Ed. 2d 115 (1984).
This section violates the Commerce Clause of the United States Constitution even though it regulates all brand owners of intoxicating liquors evenhandedly, arguably promotes the state's legitimate interest in assuring the lowest possible price, for its residents, and allows brand owners to change out-of-state prices for a product once the price and discount schedule mandated by Section 60-8A-12 NMSA 1978 is filed, because its practical effect is to control prices in other states.
Brown-Forman Corp. v. N.M. Dep't of ABC
, 672 F. Supp. 1383 (D.N.M. 1987).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-16 - Failure to file; schedule deemed invalid.

If an affirmation with respect to any item of spirituous liquors is not filed within the prescribed time, any schedule for which the affirmation is required shall be deemed invalid with respect to that item of spirituous liquors, and the item shall not be sold to or purchased by any wholesaler during the period covered by the schedule.
History:
Laws 1981, ch. 39, § 66; 1985, ch. 5, § 4.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-17 - Determination of lowest price.

In determining the lowest price for which any item of spirituous liquors was sold in any other state or in the District of Columbia, or to any state or state agency which owns and operates retail liquor stores, appropriate reductions shall be made to reflect all discounts in excess of those to be in effect under the schedule, and all rebates, free goods, allowances and other inducements of any kind whatsoever offered or given to any such wholesaler, state or state agency or retailer, as the case may be, purchasing the item in the other state or in the District of Columbia. Nothing contained in Sections 60-8A-12 through 60-8A-19 NMSA 1978 shall prevent differentials in price which make only due allowance for differences in state taxes and fees and in the actual cost of delivery. As used in this section, "state taxes and fees" means the excise taxes imposed or the fees required by any state or the District of Columbia upon, or based upon, the liter of spirituous liquors.
History:
Laws 1981, ch. 39, § 67; 1985, ch. 5, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 265.
Validity of state statute or regulation fixing minimum prices at which alcoholic beverages may be sold at retail, 96 A.L.R.3d 639.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-18 - Violation; penalty.

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 days for the first offense and thirty days for each offense thereafter.
History:
Laws 1981, ch. 39, § 68.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 431.
48 C.J.S. Intoxicating Liquors § 286.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-19 - Authority to refuse affirmations.

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 filed by such person for a period not to exceed three months.
History:
Laws 1981, ch. 39, § 69.
ANNOTATIONS
Veto of severability clause unconstitutional.
— The governor's veto of Laws 1981, ch. 39, § 129, the severability clause of the Liquor Control Act, was unconstitutional under N.M. Const., art. IV, § 22, because that act does not appropriate money and the governor's power of partial veto is limited to bills appropriating money.
Chronis v. State ex rel. Rodriguez
, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 9 - Trade Practices (Repealed.) › Section 60-9-1 to 60-9-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-9-1 to 60-9-12 NMSA 1978, relating to trade practices, effective July 1, 1981. For present provisions,
see
60-8A-1 to 60-8A-11.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 10 - Offenses and Penalties (Repealed, Recompiled.) › Section 60-10-1 to 60-10-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-10-1 to 60-10-15 NMSA 1978, relating to offenses, effective July 1, 1981. For present provisions,
see
60-7A-1 to 60-7A-25 and 60-7B-1 to 60-7B-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 10 - Offenses and Penalties (Repealed, Recompiled.) › Section 60-10-16 - Recompiled.

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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 10 - Offenses and Penalties (Repealed, Recompiled.) › Section 60-10-17 to 60-10-40 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repeals 60-10-17 to 60-10-40 NMSA 1978, relating to offenses and penalties, effective July 1, 1981. For present provisions, see 60-7A-1 to 60-7A-25 and 60-7B-1 to 60-7B-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 11 - Miscellaneous Provisions (Repealed.) › Section 60-11-1 to 60-11-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-11-1 to 60-11-4 NMSA 1978, relating to miscellaneous provisions of the Liquor Control Act, effective July 1, 1981. For present provisions,
see
60-3A-5, 60-8A-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 12 - Discrimination in Selling Act (Repealed.) › Section 60-12-1 to 60-12-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-12-1 to 60-12-10 NMSA 1978, the "Discrimination in Selling Act," effective July 1, 1981. For present provisions,
see
60-8A-12 to 60-8A-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1989, ch. 6, § 2 recompiles 60-13-4 NMSA 1978, relating to purpose of the Construction Industries Licensing Act, as 60-13-1.1 NMSA 1978, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-5 NMSA 1978, as enacted by Laws 1974, ch. 78, § 33, relating to criminal offender's character evaluation, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-7 - Construction industries division; director; appointment 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. is or has been an employee in an administrative position of a construction company for at least five of the past ten years;
C. has been employed by the construction industries division for at least five years and is knowledgeable in the administration of the law governing the construction industries division; or
D. is or has been actively engaged for at least five of the past ten years in an administrative position of an organization which requires that person to have a broad knowledge of the construction industry.
History:
1953 Comp., § 67-35-4.3, enacted by Laws 1977, ch. 245, § 169; 1989, ch. 6, § 6.
ANNOTATIONS
Cross references.
— For termination of division, see 60-13-58 NMSA 1978.
For appointment of director, see 9-16-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-8 - Division; employees; equipment and supplies.

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 the purpose of carrying out the provisions of the Construction Industries Licensing Act who holds any contractor's license or certificate of competence issued by the division, shall, as a condition of employment surrender the contractor's license or certificate of competence to the division to be held in inactive status. The division shall place the license or certificate on hold effective from the date the employment or contract begins until the date the employment or contract terminates. The license or certificate shall remain in effect after the hold period for the same number of days as it would have remained in effect but for the hold.
History:
1953 Comp., § 67-35-12, enacted by Laws 1967, ch. 199, § 12; 1977, ch. 245, § 170; 1987, ch. 283, § 2.
ANNOTATIONS
Building inspector.
— City building inspector who inspected building held to have qualified immunity for equal protection claim, but issue raised as to whether inspector had qualified immunity for fourth amendment and first amendment claims.
Mimics, Inc. v. Village of Angel Fire
, 277 F. Supp. 2d 1131 (D.N.M. 2003),
aff'd in part, rev'd in part
,
Mimics, Inc. v. Vill. of Angel Fire
, 394 F.3d 836 (10th Cir. 2005).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-8.1 - Construction industries division publications revolving 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 Construction Industries Licensing Act [this article] and regulations adopted pursuant to that act shall be deposited with the state treasurer to be credited to the fund. Money in the fund is appropriated to the division. Money in the fund shall be used only for printing and maintenance of publications and information related to the licensing and regulatory provisions of and issues arising under the Construction Industries Licensing Act and regulations adopted pursuant to that act. Disbursements from the fund shall be made by warrants signed by the secretary of finance and administration, based upon vouchers signed by the director and only in accordance with a budget approved by the department of finance and administration. Money in the fund shall not revert at the end of the fiscal year.
History:
Laws 1997, ch. 181, § 9.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-10 - Additional division duties; flood or mudslide areas; 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' gas pipe and appliances and materials installed in the course of mechanical installation and the construction, alteration or repair of all buildings, improvements, modular homes, premanufactured homes and manufactured commercial units intended for use in flood or mudslide areas designated pursuant to Section 3-18-7 NMSA 1978. Such regulations shall give due regard to standards prescribed by the federal insurance administration pursuant to Regulation 1910, Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 575, all as amended, and shall give due regard to physical, climatic and other conditions peculiar to New Mexico.
History:
1953 Comp., § 67-35-13.1, enacted by Laws 1975, ch. 14, § 3; 1975, ch. 331, § 17; 1977, ch. 245, § 172; 1983, ch. 105, § 4; 1989, ch. 6, § 8.
ANNOTATIONS
Compiler's notes.
— Federal Regulation 1910, referred to in the second sentence, appears as 44 C.F.R. § 60.1 et seq.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-10.1 - Division; additional duties; alcohol fuel plant 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 standards and requirements for the construction, alteration or repair of buildings and other structures to be used for the manufacture or distillation of alcohol fuel. In adopting the code, the division shall give due regard to the purpose for which the plant is to be used and to the physical, climatic and other conditions peculiar to New Mexico.
B. Upon the adoption of the code, the commission shall make rules and regulations pertaining to the issuance of a permit prior to any construction, installation, alteration, repair or addition to or within any building or structure proposed for the use of manufacturing or distillation of alcohol fuel. The commission shall also set a reasonable fee for the issuance of a permit.
C. No permit shall be required of any person who, by himself or with the aid of others who are paid wages and receive no other form of compensation, builds or makes installation, repairs or alterations on a farm or ranch owned, occupied or operated by him to any building or structure for the use of manufacturing or distillation of alcohol fuel.
History:
1978 Comp., § 60-13-10.1, enacted by Laws 1981, ch. 245, § 1; 1989, ch. 6, § 9.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-10.2 - Division and commission; standards to accommodate 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 identify the trade bureau having jurisdiction over the construction and installation of solar collectors.
History:
Laws 2007, ch. 38, § 6; 2013, ch. 142, § 2; 2013, ch. 86, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the division and commission to issue rules to establish uniform procedures for issuance of permits; after "the division and commission shall", deleted "jointly with the energy, minerals and natural resources department"; and after "promulgate", deleted "rules, standards or codes that establish requirements for new construction that will accommodate the installation of solar collectors to or in the new construction after the construction is otherwise complete" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-11 - Division or commission; powers.

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 and proceedings;
D. compel minimum code compliance in all certified code jurisdictions and political subdivisions; and
E. investigate code violations in any code jurisdictions in New Mexico.
History:
1953 Comp., § 67-35-14, enacted by Laws 1967, ch. 199, § 14; 1977, ch. 245, § 173; 1989, ch. 6, § 10.
ANNOTATIONS
Enforcement of state building code.
— The construction industries division of the regulation and licensing department has the authority to refuse to provide inspection services or certify local inspectors in municipalities that fail to adopt a building code that provides for minimum requirements of the state Uniform Building Code. The construction industries division has the authority to issue a stop work or similar order on a construction project authorized by a local jurisdiction that has adopted a building code that, while the code meets minimum standards set by the CID, differs from the building code adopted by CID. 2011 Op. Att'y Gen. No. 11-06.
Use of appropriated funds under former law.
— The contractors' license board (now abolished) may not spend money from the appropriated funds for the construction of a block wall contingent upon the board's failure to exercise the right of option to purchase said property. 1958 Op. Att'y Gen. No. 58-117.
The contractors' license board (now abolished) may not contract to spend appropriated funds budgeted for maintenance of buildings and structures, for improvement or permanent changes to be made upon its leased premises. 1958 Op. Att'y Gen. No. 58-117.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2 Am. Jur. 2d Administrative Law § 152 et seq.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-13 - Application for contractor's license.

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. Except as provided in Section 4 [60-13-14.1 NMSA 1978] of this 2021 act, the application shall be accompanied by the prescribed fee.
History:
1953 Comp., § 67-35-16, enacted by Laws 1967, ch. 199, § 16; 1977, ch. 245, § 175; 1989, ch. 6, § 12; 2021, ch. 92, § 5.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act,
see
Chapter 40, Article 5A NMSA 1978.
The 2021 amendment,
effective June 18, 2021, provided for the waiver of license and certificate fees for military service members and veterans; and in Subsection B, added "Except as provided in Section 4 of this 2021 act".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-13.1 - Repealed.

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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-13.2 - Licensees; identical or similar names.

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 or an existing license. Any person aggrieved by the decision of the director may appeal the decision to the commission.
History:
1978 Comp., § 60-13-13.2, enacted by Laws 1983, ch. 105, § 6; 1989, ch. 6, § 13.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-15 - License issuance; commission review.

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 law and commission regulations for license issuance.
B. The signing of a license by the director for issuance by the division to an applicant who fails to meet the requirements established by law or committee regulations for issuance of licenses is a misdemeanor, and the director, if convicted by a court of law, shall be relieved of his duties and shall be subject to civil damages as provided in Section 30-23-7 NMSA 1978. Failure by the committee or any member of the committee to report the illegal issuance of a license is a petty misdemeanor and upon conviction shall result in termination of the appointment of the committee member so convicted.
History:
1953 Comp., § 67-35-17.1, enacted by Laws 1977, ch. 245, § 177; 1983, ch. 105, § 8; 1989, ch. 6, § 15.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-17 - Repealed.

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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-19 - Division; evidence of possession; penalty.

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 number clearly on all written bids and when applying for a building permit shall be assessed a penalty fee of one hundred fifty dollars ($150) by the division. The fee shall be payable to the code jurisdiction or political subdivision that issued the permit or in which the work for which the bid is submitted is or would be permitted.
C. Before work is commenced, a contract is signed or funds are paid for any residential contracting, the contractor shall disclose in writing to the owner, on a form approved by the division, that the license issued and the bond or other proof of responsibility required pursuant to the Construction Industries Licensing Act does not protect the consumer if the contractor defaults. Any contractor who fails to make the disclosure required by this subsection shall be assessed a fee by the division in an amount not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) as determined by the division. The fee shall be payable to the division.
History:
1953 Comp., § 67-35-21, enacted by Laws 1978, ch. 78, § 1; 1983, ch. 105, § 11; 1989, ch. 6, § 18; 2003, ch. 266, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 78, § 1, repealed former 67-35-21, 1953 Comp. (former 60-13-19 NMSA 1978), as amended by Laws 1977, ch. 245, § 181, relating to evidence of possession, and posting of license, and enacted a new 67-35-21, 1953 Comp.
The 2003 amendment,
effective June 20, 2003, deleted "Before work is commenced, a contract is signed or funds are paid for any residential contracting, the contractor shall disclose in writing to the owner that the license issued under the Construction Industries Licensing Act [this article] does not protect the consumer if the contractor defaults" at the end of Subsection A; in Subsection B, deleted "or who fails to make the disclosure statement required under this section" following "for a building permit" near the middle of the first sentence and added "by the division" at the end of the first sentence; and added present Subsection C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-20 - Fees established by the division; payment of examination 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 and additional examinations, license issuance and renewals, certificate of qualification issuance and renewal and licensing verification services.
B. The division by regulation may provide that fees charged pursuant to Subsection A of this section shall be paid to the agency providing or administering the service if the service is provided pursuant to authority of the division.
History:
1953 Comp., § 67-35-22, enacted by Laws 1967, ch. 199, § 22; 1977, ch. 245, § 182; 1983, ch. 105, § 12; 1987, ch. 283, § 4; 1989, ch. 6, § 19; 1997, ch. 181, § 5; 2021, ch. 92, § 7.
ANNOTATIONS
Cross references.
— For definition of "division,"
see
60-13-2 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, provided for the waiver of license and certificate classification fees for military service members and veterans; and in Subsection A, after "establish and charge", added "except as provided in Section 4 of this 2021 act".
The 1997 amendment,
effective July 1, 1997, inserted "and licensing service" in the section heading; in Subsection A, inserted "and charge", "candidate and applicant" and "and certificate" and added "and renewal and licensing verification services" at the end; and, in Subsection B, substituted the language beginning "fees charged" for "examination fees, other than examination fees collected by the division for examination of journeymen pursuant to Section 60-13-38 NMSA 1978, shall be paid to the agency administering the examination".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Licenses and Permits §§ 39 to 41; 58 Am. Jur. 2d Occupations, Trades and Professions §§ 10, 11.
Amount of license fee imposed on electricians, 96 A.L.R. 1506.
Amount in controversy for purposes of jurisdiction in case involving tax or license fee, 109 A.L.R. 300.
Reasonableness of amount of license fee imposed upon plumbers, 114 A.L.R. 573.
53 C.J.S. Licenses §§ 64 to 73.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-21 - Division; disposition of fees.

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; 1977, ch. 245, § 183; 1986, ch. 107, § 2; 1987, ch. 283, § 5; 1987, ch. 298, § 7; 1989, ch. 6, § 20.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-21.1 - Repealed.

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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-22 - Repealed.

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. .
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-23.1 - Administrative penalty.

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 specified in the Construction Industries Licensing Act, assess the licensee an administrative penalty in the following amounts:
(1) where the dollar value of the contract or work performed is five thousand dollars ($5,000) or less, the penalty shall be not less than three hundred dollars ($300) or more than five hundred dollars ($500); or
(2) where the dollar value of the contract or work performed is more than five thousand dollars ($5,000), the penalty shall be in an amount equal to not more than ten percent of the dollar amount of the contract or work performed but not less than five hundred dollars ($500).
B. If a person subject to the penalties under Subsection A of this section previously has had his contractor's license suspended or revoked or has been assessed an administrative penalty pursuant to Subsection A of this section, that person shall be assessed twice the amount specified in Paragraph (1) or (2) of Subsection A of this section, as applicable.
C. Failure to pay an administrative penalty upon the date set by the commission shall subject the offender to an additional penalty of one hundred dollars ($100) for each day the offender fails to comply with the order. The attorney general shall institute an action in the district court to recover the appropriate penalties.
History:
1978 Comp., § 60-13-23.1, enacted by Laws 1987, ch. 283, § 6; 1989, ch. 6, § 22.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-24 - Certificates of qualification; statewide inspector'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 certificate;
B. violation, willfully or by reason of incompetence, of any provision of the Construction Industries Licensing Act or any code, minimum standard, rule or regulation adopted pursuant to that act; or
C. aiding, abetting, combining or conspiring with a person to evade or violate the provisions of the Construction Industries Licensing Act or any code, minimum standard, rule or regulation adopted pursuant to that act.
History:
1953 Comp., § 67-35-27, enacted by Laws 1967, ch. 199, § 27; 1977, ch. 245, § 186; 1989, ch. 6, § 23; 2013, ch. 142, § 3; 2013, ch. 153, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided qualifications for statewide inspector's certificates; in the title, after "qualification", added "statewide inspector's certificates"; and in the introductory sentence, after "qualification", added "or stateside inspector's certificate".
Laws 2013, ch. 142, § 3, and Laws 2013, ch. 153, § 3, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 153, § 3.
See
12-1-8 NMSA 1978.
Notice of contemplated action sufficient.
— The notice of contemplated action in this case was sufficient to provide the licensee with notice, even though it did not state that the qualifying party certificate was in jeopardy; the licensee knew the general nature of the proceedings against him and that is all that notice pleading requires. Further, the licensee waived the lack of notice issue by appearing at the administrative hearing and defending on the merits.
Oden v. State, Regulation & Licensing Dep't
, 1996-NMSC-022, 121 N.M. 670, 916 P.2d 1337.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-25 - Qualifying party; termination of relationship.

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 hundred twenty days from the date of the termination of employment or business relationship and then canceled unless another individual who is a properly certified qualifying party is approved as the qualifying party for the licensee.
History:
1953 Comp., § 67-35-28, enacted by Laws 1967, ch. 199, § 28; 1977, ch. 245, § 187; 1983, ch. 105, § 13; 1989, ch. 6, § 24.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-26 - Division; trade bureaus; liability of commission members.

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, § 188; 1989, ch. 6, § 25.