reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-27 - Complaints against licensees and certificate holders; 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 inspectors certified pursuant to Section 60-13-41 NMSA 1978, investigators or other personnel to investigate that licensee or certificate holder or any activity within the jurisdiction of the Construction Industries Licensing Act. The director may authorize an inspector or investigator to enter any code jurisdiction to make investigations. The investigation shall be for the purpose of determining if there has been a code violation or other breach of Section 60-13-23, 60-13-24 or 60-13-36 NMSA 1978 on the part of a licensee or certificate holder constituting probable grounds for revocation or suspension of his license or certificate.
B. The person assigned by the director shall make an immediate investigation, securing all pertinent facts and statements, including a statement from the contractor, if he is available, and names and addresses of witnesses. Within one hundred eighty days of receipt of the complaint by the division, he shall make a full and complete written report to the director.
C. Complaints may be resolved informally at the request of the complainant, the contractor or the commission. For informal resolution of a complaint, all parties must agree to the informal hearing and agree that the decision of the informal hearing officer is final. The procedures for informal hearings and resolution of complaints shall be established by the commission.
D. All revocation and suspension proceedings conducted by the commission and judicial review of the commission's decision shall be governed by the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. Prior to any revocation action by the commission, notice of the pending action shall be given to the bonding company which has in effect for the licensee any bond issued pursuant to the proof of responsibility provisions of the Construction Industries Licensing Act.
History:
1953 Comp., § 67-35-30, enacted by Laws 1967, ch. 199, § 30; 1977, ch. 245, § 189; 1977, ch. 377, § 4; 1978, ch. 73, § 2; 1989, ch. 6, § 26.
ANNOTATIONS
Obtaining statement from licensee.
— This section does not require the investigator to obtain a statement from the licensee before proceeding with the revocation hearing; the statute is properly read as requiring only that the inspector make a reasonable effort to gather all pertinent information during the investigation.
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 60-13-28 - Suspension period.

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 contractor whose license has been suspended or revoked shall complete work in progress as directed by the commission.
C. At the end of the suspension period, the commission shall review the license to determine if the license should be reinstated or revoked.
History:
1953 Comp., § 67-35-31, enacted by Laws 1967, ch. 199, § 31; 1977, ch. 245, § 190; 1989, ch. 6, § 27.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-29 - Application following revoked license or certificate.

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 has expired.
B. Following the revocation of a contractor's license or a qualifying party's certificate pursuant to the Construction Industries Licensing Act, no license or certificate may be issued to that contractor or qualifying party by the division if the director finds that the contractor or qualifying party has, during the period of revocation, engaged in activity that constitutes a violation of any provision of the Construction Industries Licensing Act.
History:
1953 Comp., § 67-35-32, enacted by Laws 1967, ch. 199, § 32; 1977, ch. 245, § 191; 1989, ch. 6, § 28; 2005, ch. 264, § 1.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided in Subsection A that after revocation of a license or certificate, no person shall be eligible to apply for a new license or certificate for a one year period; deleted in Subsection A the former provision that after the revocation period, a license or certificate shall not be issued, renewed or reissued except as is provided for the issuance of an initial license or certificate; and added Subsection B to provide that after the period of revocation, no license or certificate shall be issued if the director of the division finds that the contractor or qualifying party has during the revocation period violated the Construction Industries Licensing Act.
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-31 - Trade bureaus created.

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, ch. 105, § 14.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-32 - Trade bureaus; definitions.

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, used in connection with the general distribution or use of electrical energy;
B. "plumbing" means the installing, altering and repairing of all plumbing fixtures, fixture traps and soil, waste, supply and vent pipes, with their devices, appurtenances and connections, through which water, waste, sewage, oil and air are carried, when done within the property lines of the building or structure to be served by the plumbing or to the point of connection with the utility system. This subsection shall not be construed as prohibiting the installation by a "fixed works" licensee of service lines from the utility system to a point five feet outside the building or structure to be served by the plumbing;
C. "fixtures" includes closet bowls, lavatories, bathtubs, showers, kitchen sinks, laundry trays, hot water tanks, softeners, urinals, bidets, service sinks, shower pans, drink fountains, water compressors, water coolers, septic tanks or similar systems of sewage disposal and such other similar fixtures used in plumbing as designated by the mechanical bureau;
D. "gas fitting" means the installing, altering and repairing of consumers' gas piping and the installation of appliances utilizing natural gas as fuel and their appurtenances in or upon premises of the consumers;
E. "softener" or "water conditioner" means any appliance, apparatus, fixture and equipment that is designed to soften, filter or change the mineral content of water, whether permanent or portable; and
F. "certificate of competence" means evidence of competence issued by the division to a journeyman electrician, journeyman plumber, journeyman gas fitter, journeyman pipe fitter or journeyman welder working on pipelines, collection lines or compressor stations.
History:
1953 Comp., § 67-35-35, enacted by Laws 1967, ch. 199, § 35; 1969, ch. 224, § 9; 1977, ch. 245, § 194; 1984, ch. 55, § 1; 1989, ch. 6, § 29; 2013, ch. 86, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, clarified the definition of "electrical wiring"; and in Subsection A, after "generating equipment", added "such as solar electricity generating equipment".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-33 - Trade bureaus; general duties and powers.

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 both English and Spanish;
B. perform inspections of all occupations, trades and activities within their jurisdictions;
C. be responsible for all administrative duties and other duties necessary and incidental thereto required in the Construction Industries Licensing Act, including those activities and duties assigned to them by the director; and
D. recommend rules and regulations and submit them to the division for approval by the commission and promulgation by the division.
History:
1953 Comp., § 67-35-36, enacted by Laws 1967, ch. 199, § 36; 1977, ch. 245, § 195; 1977, ch. 377, § 5; 1978, ch. 73, § 2; 1985, ch. 70, § 3; 1989, ch. 6, § 30.
ANNOTATIONS
Cross references.
— For trade bureaus, see 60-13-31 NMSA 1978.
Jurisdiction over natural gas piping installation under former law.
— The installation, alteration and repair of natural gas piping and the installation of natural gas appliances in house trailers came under the jurisdiction of the state plumbing administrative board under former law. 1960 Op. Att'y Gen. No. 60-230.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-35 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-34 and 60-13-35 NMSA 1978, as amended by Laws 1977, ch. 245, §§ 196 and 197, relating to revocations by, and general powers of, trade bureaus, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-36 - Certificates of competence; suspension and revocation.

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 Licensing Act.
C. The commission may revoke any certificate of competence issued by it only for the following causes:
(1) misrepresentation of a material fact by the individual obtaining the certificate;
(2) 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 pertaining to installation, alteration, maintenance, connection or repair; or
(3) 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 thereto.
History:
1953 Comp., § 67-35-39, enacted by Laws 1967, ch. 199, § 39; 1969, ch. 13, § 2; 1977, ch. 245, § 198; 1983, ch. 105, § 15; 1989, ch. 6, § 31.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 58 to 62; 58 Am. Jur. 2d Occupations, Trades and Professions §§ 8, 9.
53 C.J.S. Licenses §§ 50 to 62.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-37 - Repealed.

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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-39 - Certificates and examination.

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 of competence and shall be accompanied by the fee prescribed for the initial issuance of the certificate.
C. Applications for a renewal of a certificate of competence shall be filed with the division prior to the last working day before the certificate expires. An expired certificate shall be renewable within a six-month period without examination and only upon paying a fee in twice the amount of the renewal fee. If the certificate has not been renewed within the six-month period, it shall be canceled.
History:
1953 Comp., § 67-35-42, enacted by Laws 1967, ch. 199, § 42; 1969, ch. 224, § 11; 1977, ch. 245, § 201; 1989, ch. 6, § 33; 1997, ch. 181, § 6.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, substituted "three years" for "one year" in Subsection A.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-40 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-40 NMSA 1978, as amended by Laws 1983, ch. 105, § 17, relating to disposition of fees, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-40.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 181 § 11 repeals 60-13-40.1 NMSA 1978, as last amended by Laws 1989, ch. 324, § 31, creating the journeymen testing revolving fund, effective July 1, 1997.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-43 - Repealed.

History:
1953 Comp., § 67-35-51, enacted by Laws 1967, ch. 199, § 51; 1977, ch. 245, § 205; 1989, ch. 6, § 37; repealed by Laws 2013, ch. 142, § 5 and Laws 2013, ch. 153, § 5.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 142, § 5 and Laws 2013, ch. 153, § 5 repealed 60-13-43 NMSA 1978, as enacted by Laws 1967, ch. 199, § 51, relating to qualification of municipal and county inspectors, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-46 - Trade bureaus; annual permits.

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 more certified journeymen for installation, alteration, maintenance or repair on premises owned or occupied by the applicant for the permit.
B. The application for an annual permit shall be in writing to the appropriate trade bureau in whose jurisdiction the work is to be done.
C. Annual permit holders shall keep a record of all work done under the annual permit, and the appropriate trade bureau or its authorized employees shall have access to the record.
D. A reasonable fee established by the division shall be paid for each annual permit at the time of issuance. Inspection fees shall be collected at the time of each regular inspection of installations, alterations or repairs made under the annual permit. Fees received by a bureau under this subsection shall be remitted to the division.
E. Annual permits expire one year from their date of issuance.
History:
1953 Comp., § 67-35-54, enacted by Laws 1967, ch. 199, § 54; 1973, ch. 259, § 17; 1975, ch. 331, § 22; 1975, ch. 336, § 1; 1977, ch. 245, § 208; 1983, ch. 105, § 20; 1989, ch. 6, § 40.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-47 - Trade bureaus; connection to installation.

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, without the authorization of the trade bureau having jurisdiction.
B. The public utility may make a connection from a supply of water or gas to an installation under the following circumstances:
(1) if within seven days after notification to the appropriate trade bureau of the completion of any work or installation the bureau has failed to approve or disapprove the connection; or
(2) if an installation or work is not located in any territory where there is an authorized inspector; provided, however, before any such connection is made by the public utility, the public utility must have received a written statement from the licensee declaring that the installation or work conforms with the provisions of the Construction Industries Licensing Act and the orders, rules and regulations, codes and minimum standards made pursuant to that act. The public utility shall immediately report to the proper trade bureau the receipt and contents of the statement. If it is discovered by the trade bureau that the declaration made in the statement is false, the trade bureau shall order the licensee making the statement to rectify the defects within five days after receipt of the written notice thereof from the bureau.
C. No public or municipally owned electric utility shall make a connection from a supply of electricity for which a permit is required without the approval of the electrical bureau or its authorized representative. In the event of an emergency, the electrical contractor shall issue a prefinal permit to the serving utility authorizing the service to be reconnected. The electrical contractor shall report the emergency on the next working day to the electrical bureau or its authorized representative for inspection.
History:
1953 Comp., § 67-35-55, enacted by Laws 1967, ch. 199, § 55; 1977, ch. 245, § 209; 1983, ch. 105, § 21.
ANNOTATIONS
Indirect and purely economic harm
is not the type of harm that the legislature sought to prevent in enacting this section, as this section is a health and safety measure.
McElhannon v. Ford
, 2003-NMCA-091, 134 N.M. 124, 73 P.3d 827.
Inspection of plumbing in public schools.
— Municipal inspectors have authority to inspect plumbing installed in public schools, even though they may not collect a fee for such inspection. If the inspector does not conduct an inspection, or if no inspector has been appointed in the area to be inspected, the connection to the municipal water or sewer system can be made. 1961 Op. Att'y Gen. No. 61-15.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-48 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-48 NMSA 1978, as amended by Laws 1977, ch. 245, § 210, relating to contractors' financial responsibility, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-48.1 - Financial statements; confidentiality.

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 identification of particular applicants. Any employee of the division, any former employee of the division or any other person who reveals to another individual any information which he is prohibited from lawfully revealing by provision of this section is guilty of a misdemeanor and shall upon conviction be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both, and shall not be employed by the state for a period of five years after the date of the conviction.
History:
1978 Comp., § 60-13-48.1, enacted by Laws 1983, ch. 105, § 22; 1989, ch. 6, § 41.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-50 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-50 NMSA 1978, as enacted by Laws 1967, ch. 199, § 58, relating to exemptions, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-51 - Contractor's bond; municipal requirement prohibited.

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 responsibility if the person or corporation has met the responsibility requirements of the commission.
History:
1953 Comp., § 67-35-58.1, enacted by Laws 1971, ch. 233, § 1; 1977, ch. 245, § 212; 1989, ch. 6, § 43.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-53 - Commission or division; powers of injunction; 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 Laws 1967, ch. 199, § 60; 1977, ch. 245, § 213; 1989, ch. 6, § 45.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-54 - Continuation of license.

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 and regulations pursuant thereto, is entitled to continue such act and operations, and the license shall continue in effect until the expiration date thereof, subject in all cases to suspension or revocation as provided by the Construction Industries Licensing Act.
History:
1953 Comp., § 67-35-61, enacted by Laws 1967, ch. 199, § 61.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Exception of existing buildings or businesses from statute or ordinance enacted in exercise of police or license taxing power, as unconstitutional discrimination, 136 A.L.R. 207.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-55 - Continuation of construction codes and standards.

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 in effect until the commission and trade bureaus created by the Construction Industries Licensing Act amend or revise those codes and minimum standards pursuant to provisions of the Construction Industries Licensing Act.
History:
1953 Comp., § 67-35-62, enacted by Laws 1967, ch. 199, § 62; 1977, ch. 245, § 214; 1989, ch. 6, § 46.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-56 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 6, § 67 repeals 60-13-56 NMSA 1978, as amended by Laws 1977, ch. 245, § 215, relating to transfer of property, supplies and records, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-57 - Hearing officer authorized.

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 determined by the commission.
History:
1953 Comp., § 67-35-64, enacted by Laws 1973, ch. 229, § 5 and Laws 1973, ch. 259, § 9; 1977, ch. 245, § 216; 1989, ch. 6, § 47.
ANNOTATIONS
Compiler's notes.
— Laws 1973, ch. 229, § 5 and ch. 259, § 9 enact identical new sections which are compiled as the above section.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-58 - Repealed.

History:
1953 Comp., § 67-35-64.1, enacted by Laws 1978, ch. 194, § 1; 1981, ch. 241, § 15; 1983, ch. 105, § 23; 1987, ch. 333, § 6; 1989, ch. 6, § 48; 1991, ch. 33, § 1; 1997, ch. 46, § 1; 1997, ch. 181, § 7; repealed Laws 2005, ch. 208, § 27.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 60-13-58 NMSA 1978, effective June 17, 2005. which would have repealed the Construction Industries Licensing Act on July 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on the
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-59 - Building permits; contents; display.

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 subdivision, by street address in a municipality or by township, range and section numbers if outside a municipality or platted subdivision;
C. contain the name, address and license number of the general contractor, where applicable; and
D. be prominently displayed on the site where the construction or work is to be performed.
History:
Laws 1987, ch. 209, § 1.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-3 - Registration as an employee leasing contractor required 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 after the month in which the initial registration occurred.
C. Applications for initial registration and renewals of registration shall be made on forms supplied by the department and shall contain the information required by Section 6 [60-13A-6 NMSA 1978] of the Employee Leasing Act. The department may by regulation require additional information for initial registration and renewal of registration.
D. Upon initial registration an employee leasing contractor shall pay a fee to the department of one thousand dollars ($1,000). On the annual renewal date the employee leasing contractor shall pay an annual renewal fee of one thousand dollars ($1,000).
E. Neither the initial registration fee nor the renewal fee is refundable.
F. If a registered employee leasing contractor does not submit a completed renewal application within thirty days after the annual renewal date, the department shall mail a notice to the contractor by certified mail, return receipt requested, which notice shall inform the contractor that unless the renewal fee is paid within thirty days of the receipt of the notice by the contractor, together with a delinquency charge of five hundred dollars ($500), the contractor's registration shall be canceled. The department shall cancel the registration of any contractor who does not comply with the requirements for payment of a renewal fee and a delinquency charge.
History:
Laws 1993, ch. 162, § 3.
ANNOTATIONS
Contractor was unlicensed but contract was not void.
— General contractor's payment bond issuer was liable to the leasing contractor when the general contractor defaulted on payment even though employee leasing contractor was not licensed under this section.
Eastland Fin. Servs. v. Mendoza
, 2002-NMCA-035, 132 N.M. 24, 43 P.3d 375.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-4 - Licensure requirements for certain employee leasing contractors.

An existing employee leasing contractor domiciled in New Mexico as of September 30, 1993 shall be issued an employee leasing contractor's license upon application.
History:
Laws 1993, ch. 162, § 4; 1995, ch. 24, §1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote the section.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-5 - Compliance with and applicability of workers' compensation laws.

A. Every employee leasing contractor shall comply with the provisions of Section 52-1-4 NMSA 1978, and that compliance shall be a condition precedent to initial registration. Failure to maintain compliance with the cited law shall result in the immediate revocation of any registration or license held by the noncomplying employee leasing contractor in addition to any other sanctions that may be imposed under applicable laws or regulations.
B. Workers' compensation insurance or self-insurance applicable to leased workers shall cover the employee leasing contractor and the client as co-insureds. Workers' compensation insurance applicable to leased employees may be provided in any manner authorized by and in compliance with regulations of the superintendent of insurance issued pursuant to Section 59A-2-9.1 NMSA 1978.
C. The employee leasing contractor and the client shall be deemed co-employers of leased workers for purposes of the Workers' Compensation Act [Chapter 52 NMSA 1978]. The Workers' Compensation Act shall constitute leased workers' exclusive remedy against both the employee leasing contractor and the client if the conditions of Section 52-1-9 NMSA 1978 are satisfied.
History:
Laws 1993, ch. 162, § 5; 1995, ch. 24, §2.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, inserted "and applicability of" in the section heading; designated the existing provisions as Subsection A and made a stylistic change therein; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-6 - Registration application; contents.

A. An application for registration as an employee leasing contractor shall be signed by an individual for the applicant and verified by the applicant under oath before a notary public. It shall contain:
(1) the applicant's full name, the title of the applicant's position with the employee leasing contractor and a statement that the applicant is authorized to act on behalf of the employee leasing contractor in connection with the application;
(2) the business name, if any, of the applicant;
(3) the applicant's legal entity status;
(4) if the applicant is an individual, the applicant's:
(a) age; and
(b) date and place of birth;
(5) the applicant's state and federal tax identification numbers and employer identification number;
(6) the current residence street or location address of the principal office of the applicant and a current mailing address if different from the residency address;
(7) a signature by:
(a) an individual sole proprietor if the applicant is a proprietorship;
(b) each of the general partners if the applicant is a partnership; or
(c) a corporate officer having authority to make the application if the applicant is a corporation;
(8) for a corporate applicant, the name and residence street address of the corporation's agent for the service of process; and
(9) proof of compliance with Section 60-13A-5 NMSA 1978.
B. Changes in information required to be included in the application for registration as an employee leasing contractor shall be reported to the department by the employee leasing contractor within thirty days of the date the change occurs. Failure by the employee leasing contractor to comply with this requirement constitutes cause for the department to cancel the employee leasing contractor's registration.
History:
Laws 1993, ch. 162, § 6; 2021, ch. 70, § 6.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed the requirement that an application for registration as an employee leasing contractor contain the applicant's social security number, and made technical amendments; and in Subparagraph A(4)(b), after "place of birth", deleted "and social security number", and in Paragraph A(9), after "Section", changed "5 of the Employee Leasing Act" to "60-13A-5 NMSA 1978".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-7 - Surety requirements for employee leasing contractors.

A. An employee leasing contractor domiciled and registered in New Mexico as of September 30, 1993 shall file and maintain with the department a surety bond in the amount of twenty-five thousand dollars ($25,000) issued by an insurance company authorized to do business in this state. An employee leasing contractor domiciled and registered in New Mexico after September 30, 1993 shall file and maintain with the department a surety bond in the amount of one hundred thousand dollars ($100,000) issued by an insurance company authorized to do business in this state. Interest accrued on such liquid securities shall be paid to the employee leasing contractor providing the liquid security. The bond shall be conditioned upon the prompt payment of wages for which the employee leasing contractor becomes liable. The employee leasing contractor's liability for these wages shall terminate six months after the employee leasing contractor terminates his employee leasing business.
B. In lieu of the surety bond required under Subsection A of this section, the employee leasing contractor may deposit with a depository designated by the department liquid securities with a market value equal to the amount required for a surety bond. The deposit contract shall authorize the department to liquidate the securities to the extent necessary to pay any obligations that the employee leasing contractor fails to pay promptly when due.
History:
Laws 1993, ch. 162, § 7; 1995, ch. 24, § 3.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote Subsection A.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-9 - Agreement required.

The employment relationship between the client and the leased workers shall be established by written agreement between the employee leasing contractor and the client. Written notice of the employment relationship and of compliance with the requirements of Section 52-1-4 NMSA 1978 shall be given by the contractor to each leased worker.
History:
Laws 1993, ch. 162, § 9.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-10 - Employment contributions; benefits; tax withholding.

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, § 10.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-11 - Revocation of registration; disciplinary proceedings.

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 procuring registration under the Employee Leasing Act;
(2) has willfully or negligently violated any provision of the Employee Leasing Act or any of the rules or regulations of the department pursuant to that act; or
(3) has not maintained the surety bond or complied with the deposit requirements pursuant to Section 7 [60-13A-7 NMSA 1978] of the Employee Leasing Act.
B. Disciplinary proceedings may be instituted by sworn complaint of any person and shall conform with the provisions of the Uniform Licensing Act.
C. An employee leasing contractor whose registration has been revoked may reapply for registration after a period of two years from the date the revocation is effective.
History:
Laws 1993, ch. 162, § 11.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-12 - Criminal penalty.

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 1993, ch. 162, § 12.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-13 - Civil penalties and remedies.

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 ($1,000) for each day during which the violation continues.
B. The department may bring an action in a court of competent jurisdiction to enjoin any person from violating any provisions of the Employee Leasing Act.
C. A client, a leased employee or other person who suffers damages proximately caused by the failure of an employee leasing contractor to comply with the Employee Leasing Act may bring an action in any court of competent jurisdiction to recover the damages incurred.
D. If a person is determined to have violated the provisions of the Employee Leasing Act by the department or a court of competent jurisdiction, that person shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act and also for reasonable attorneys' fees and costs incurred by the department in a court action.
History:
Laws 1993, ch. 162, § 13.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13A - Employee Leasing › Section 60-13A-14 - Disclosure to clients required.

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.
History:
Laws 1993, ch. 162, § 14.
ANNOTATIONS
Severability.
— Laws 1993, ch. 162, § 15 provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-1 - Short title.

Chapter 60, Article 14 NMSA 1978 may be cited as the "Manufactured Housing Act."
History:
1953 Comp., § 67-41-1, enacted by Laws 1975, ch. 331, § 1; 1983, ch. 295, § 7.
ANNOTATIONS
Jurisdiction over installation of gas lines.
— The Mobile Housing Act does not supersede or repeal by implication the Liquefied Petroleum Gas Act, Section 70-5-1 NMSA 1978 et seq., with respect to jurisdiction over the installation of liquefied petroleum gas lines within a mobile housing unit. 1976 Op. Att'y Gen. No. 76-38.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-3 - Purpose.

It is the intent of the legislature that the large and growing manufactured housing industry be supervised and regulated by a division of the commerce and industry department [regulation and licensing department]. The purpose of the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978] is to insure the purchasers and users of manufactured homes the essential conditions of health and safety which are their right and to provide that the business practices of the industry are fair and orderly among the members of the industry with due regard to the ultimate consumers in this important area of human shelter.
History:
1953 Comp., § 67-41-3, enacted by Laws 1975, ch. 331, § 3; 1977, ch. 245, § 218; 1983, ch. 295, § 9.
ANNOTATIONS
Bracketed material.
— Laws 1983, ch. 297, § 20, creates the regulation and licensing department, consisting of several divisions, including the mobile housing division, and Laws 1983, ch. 297, § 31, provides that all references in law to the mobile housing division of the commerce and industry department shall be construed to be references to the same division within the regulation and licensing department. See 9-16-4 NMSA 1978 and notes thereto. The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like, in residential neighborhoods, 95 A.L.R.3d 378.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-5 - Manufactured housing committee created; membership; compensation; duties.

A. There is created within the division the "manufactured housing committee". It shall be composed of seven members who are residents of New Mexico and who shall serve at the pleasure of the governor and be appointed by the governor as follows:
(1) one member who is or is the designated representative of a manufacturer licensed under the Manufactured Housing Act;
(2) one member who is or is the qualifying party of a dealer licensed under the Manufactured Housing Act;
(3) one member who is or is the qualifying party of an installer licensed under the Manufactured Housing Act;
(4) one member who is the owner of a manufactured housing dealership licensed under the Manufactured Housing Act;
(5) one member who is engaged in the business of financing the purchase of manufactured housing units; and
(6) two public members who are manufactured housing unit owners not subject to licensure under the Manufactured Housing Act.
The term of office of each member of the committee is four years; provided that members shall be appointed for staggered terms beginning July 1, 1983 so that two terms end on June 30, 1985, two terms end on June 30, 1986 and three terms end on June 30, 1987. Thereafter, all members shall be appointed to four-year terms. Members shall be appointed to provide adequate representation of all geographic areas of the state.
B. Each member of the committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
C. The committee shall annually elect a chair and vice chair from its membership. The director of the division shall serve as the executive secretary of the committee.
D. The committee shall meet at least bimonthly at the call of the chair.
E. The committee shall provide technical and policy advice to the division, review and approve or disapprove all rules, regulations, standards and codes subject to its approval under the provisions of the Manufactured Housing Act and:
(1) establish by regulation classifications of licenses issued by the division and qualifications and examinations necessary for licensure under the Manufactured Housing Act; and
(2) suspend or revoke for cause any license or certificate of qualification issued by the division.
History:
1953 Comp., § 67-41-6.1, enacted by Laws 1977, ch. 245, § 220; 1983, ch. 295, § 11; 2013, ch. 36, § 2.
ANNOTATIONS
Cross references.
— For termination of committee, see 60-14-16 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, changed the composition of the manufacturing housing committee; in Paragraph (4) of Subsection A, after "member who is", deleted "a broker" and added "the owner of a manufactured housing dealership"; added Paragraph (5) of Subsection A; and in Paragraph (6) of Subsection A, at the beginning of the sentence, deleted "three members" and added "two public members".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-7 - License required; classification; examination.

A. No person shall engage in business as a manufacturer, dealer, broker, repairman, installer or salesperson unless licensed as provided in the Manufactured Housing Act or the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978].
B. The committee shall adopt regulations creating a system of license classifications covering the occupations of dealer, broker, manufacturer, repairman, installer and salesperson and providing for the qualifications and examination for each class of license.
C. No person shall import for sale or exchange, or engage in the business of selling, leasing or exchanging or offering for sale, lease or exchange, any manufactured home manufactured by any person who is not licensed as a manufacturer under the Manufactured Housing Act.
History:
1953 Comp., § 67-41-8, enacted by Laws 1975, ch. 331, § 8; 1977, ch. 245, § 222; 1983, ch. 295, § 13; 2013, ch. 36, § 3.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2013 amendment,
effective June 14, 2013, permitted licensees under the Construction Industries Licensing Act to engage in activities regulated by the Manufactured Housing Act; and in Subsection A, after "Manufactured Housing Act", added "or the Construction Industries Licensing Act".
When real estate broker must be licensed.
— When a real estate broker or salesperson acts as the agent for another person in the sale, exchange, lease or purchase of a mobile housing unit which is not attached to real property he is no longer engaging in the real estate business as defined in the Real Estate Licensing Act. Rather, he is engaged in the business of acting as an agent for another in the sale of a mobile housing unit and must be licensed as a dealer under this article. 1982 Op. Att'y Gen. No. 82-12.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 1 et seq.
53 C.J.S. Licenses §§ 26, 27.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 14 - Manufactured Housing › Section 60-14-8 - Licensure; exemption.

The provisions of Section 60-14-7 NMSA 1978 shall not apply to:
A. licensed real estate brokers or salesmen acting as agents for another person in the sale of real property on which is located one or more manufactured homes whose installation has been approved as provided in regulations of the committee; or
B. technicians working on weatherization projects that do not exceed a cost of three thousand five hundred dollars ($3,500) and that are administered by a state or federal agency.
History:
1953 Comp., § 67-41-8.1, enacted by Laws 1977, ch. 6, § 1; 1983, ch. 295, § 14; 1999, ch. 90, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, added the Subsection A designation, added Subsection B, and made a minor stylistic change.
When real estate broker must be licensed.
— When a real estate broker or salesperson acts as the agent for another person in the sale, exchange, lease or purchase of a mobile housing unit which is not attached to real property he is no longer engaging in the real estate business as defined in the Real Estate Licensing Act. Rather, he is engaged in the business of acting as an agent for another in the sale of a mobile housing unit and must be licensed as a dealer under this article. 1982 Op. Att'y Gen. No. 82-12.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53 C.J.S. Licenses §§ 35, 36.