2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24D - Home Inspector Licensing › Section 61-24D-3 - New Mexico home inspectors board; created; powers and duties.

A. The "New Mexico home inspectors board" is created and is administratively attached to the regulation and licensing department.
B. The board shall consist of five members, appointed by the governor, who have been residents of the state for at least three consecutive years immediately prior to their appointment. Three members shall be home inspectors. One member shall be a real estate qualifying or associate broker licensed in accordance with Chapter 61, Article 29 NMSA 1978, and one member shall be a member of the public who has never been licensed as a home inspector or real estate broker. No more than one member shall be a resident of any one county in the state. The initial home inspector members appointed shall demonstrate that they have been actively and lawfully engaged in home inspections for at least twenty-four months prior to the effective date of the Home Inspector Licensing Act and have met the requirements of Paragraphs (1) through (4) of Subsection A of Section 61-24D-6 NMSA 1978. The initial home inspector members appointed shall comply with Paragraph (6) of Subsection A of Section 61-24D-6 NMSA 1978 within six months of the effective date of the licensing examination rule promulgated by the board in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. After the board is initially established, any replacement of a home inspector member shall be a licensee.
C. Board members shall serve for five years or until their successors are appointed and qualified. The governor may remove a member with or without cause. In the event of a vacancy, the governor shall appoint a member to complete the unexpired term. The initial board members appointed shall serve staggered terms from the date of their appointment as follows:
(1) two members for three-year terms;
(2) two members for two-year terms; and
(3) one member for a one-year term.
D. The board shall elect annually from among its members a chair and other officers as the board determines. The board shall meet at times and places as fixed by the board. A majority of the board constitutes a quorum.
E. Members of the board may receive per diem and mileage as provided in the Per Diem and Mileage Act [10-1-8 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance.
F. The board shall possess all powers and perform all duties prescribed by the Home Inspector Licensing Act and as otherwise provided by law and may promulgate rules in accordance with the State Rules Act to carry out the provisions of the Home Inspector Licensing Act.
G. Pursuant to the provisions of the Home Inspector Licensing Act, the board shall:
(1) adopt rules and procedures necessary to administer and enforce the provisions of the Home Inspector Licensing Act;
(2) adopt and publish a code of ethics and standards of practice for persons licensed under the Home Inspector Licensing Act;
(3) issue, renew, suspend, modify or revoke licenses to home inspectors in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
(4) establish standards for the training, experience and continuing education requirements of the Home Inspector Licensing Act;
(5) establish the amount and administer the fees charged for examinations, initial licensure, license renewals, reinstatement of revoked or suspended licenses, reactivation of inactive or expired licenses, criminal background checks and other services pursuant to the provisions of the Home Inspector Licensing Act;
(6) adopt an approved examination, which may be administered by a nationally accepted testing service, in compliance with federal Americans with Disabilities Act of 1990 accommodations as required by law;
(7) conduct state and criminal background checks on all applicants for a license;
(8) maintain a list of the names and addresses of all licensees and of all persons whose licenses have been suspended or revoked within that year, together with such other information relative to the enforcement of the provisions of the Home Inspector Licensing Act;
(9) maintain a statement of all funds received and a statement of all disbursements;
(10) mail copies of statements to any person in this state upon request; and
(11) perform other functions and duties as may be necessary to administer or carry out the provisions of the Home Inspector Licensing Act.
History:
Laws 2019, ch. 239, § 3; 2022, ch. 39, § 93; 2023, ch. 54, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required that the licensing examination that the New Mexico home inspectors board adopts be administered in compliance with the federal Americans with Disabilities Act of 1990; and in Subsection G, Paragraph G(6), after "adopt", deleted "and approve a licensing" and added "an approved", and after "testing service", deleted "as determined by the board" and added "in compliance with federal Americans with Disabilities Act of 1990 accommodations as required by law".
The 2022 amendment,
effective May 18, 2022, clarified that the New Mexico home inspectors board is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for licensing and disciplinary matters; in Subsection B, after "promulgated by the board", added "in accordance with the State Rules Act"; in Subsection F, after "provided by law and may", deleted "make and enforce rules" and added "promulgate rules in accordance with the State Rules Act", and after "provisions of", deleted "that" and added "the Home Inspector Licensing"; in Subsection G, Paragraph G(3), after "licenses to home inspectors", deleted "pursuant to the provisions of the Home Inspectors Licensing" and added "in accordance with the Uniform Licensing"; and deleted Subsection H.