2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 13 - Construction Industries Licensing › Section 60-13-9 - Division; duties.

The division shall:
A. approve and adopt examinations on codes and standards, business knowledge, division rules and regulations and on the Construction Industries Licensing Act recommended by the commission for all classifications of contractor's licenses;
B. issue, under the director's signature, contractor's licenses and certificates of qualification in accordance with the provisions of the Construction Industries Licensing Act;
C. submit a list of all contractor's licenses, statewide inspector's certificates and certificates of qualification issued by the division to the commission for review and approval;
D. resolve jurisdictional conflicts by assigning specific responsibility to the appropriate bureau for preparing examinations and for certifying and inspecting each occupation, trade or activity covered by the Construction Industries Licensing Act;
E. establish and collect fees authorized to be collected by the division pursuant to the Construction Industries Licensing Act;
F. adopt all building codes and minimum standards as recommended by the trade bureaus and approved by the commission so that the public welfare is protected, uniformity is promoted and conflicting provisions are avoided;
G. with approval of the superintendent of regulation and licensing, employ such personnel as the division deems necessary for the exclusive purpose of investigating violations of the Construction Industries Licensing Act, enforcing Sections 60-13-12 and 60-13-38 NMSA 1978 and instituting legal action in the name of the division to accomplish the provisions of Section 60-13-52 NMSA 1978;
H. approve, disapprove or revise the recommended budget of each trade bureau and submit the budgets of those bureaus, along with its own budget, to the regulation and licensing department;
I. approve, disapprove or revise and submit to the regulation and licensing department all requests of the trade bureaus for emergency budget transfers;
J. make an annual report to the superintendent of regulation and licensing and develop a policy manual concerning the operations of the division and the trade bureaus. The report shall also contain the division's recommendations for legislation it deems necessary to improve the licensing and technical practices of the construction and LP gas industries and to protect persons, property and agencies of the state and its political subdivisions;
K. adopt, subject to commission approval, rules and regulations necessary to carry out the provisions of the Construction Industries Licensing Act and the LPG and CNG Act [Chapter 70, Article 5 NMSA 1978];
L. maintain a complete record of all applications; all licenses issued, renewed, canceled, revoked and suspended; and all fines and penalties imposed by the division or commission and may make that information available to certified code jurisdictions;
M. furnish, upon payment of a reasonable fee established by the division, a certified copy of any license issued or of the record of the official revocation or suspension thereof. Such certified copy shall be prima facie evidence of the facts stated therein; and
N. publish a list of contractors, with their addresses and classifications, licensed by the division. The list shall be furnished without charge to such public officials, public bodies or public works and building departments as the division deems advisable. The list shall be published annually, and supplements shall be provided as the division deems necessary. Copies of the list and supplements shall be furnished to any person upon request and payment of a reasonable fee established by the division.
History:
1953 Comp., § 67-35-13, enacted by Laws 1978, ch. 73, § 1; 1983, ch. 105, § 3; 1985, ch. 70, § 1; 1989, ch. 6, § 7; 2013, ch. 142, § 2; 2013, ch. 153, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 73, § 1, repealed former 67-35-13, 1953 Comp. (former 60-13-9 NMSA 1978), as amended by Laws 1977, ch. 377, § 2, relating to duties, and enacted a new 67-35-13, 1953 Comp.
Cross references.
— For the superintendent of regulation and licensing, see 9-16-5 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, required the division to submit a list of statewide inspector's certificates; in Subsection C, after "contractor's licenses", added "statewide inspector's certificates"; and in Subsection K, after "LPG", added "and CNG".
Laws 2013, ch. 142, § 2, and Laws 2013, ch. 153, § 2, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 153, § 2.
See
12-1-8 NMSA 1978.
Conversion of individual units in apartment building to condominium would not require new building codes be applied
to the same buildings, if the apartment building met all applicable building codes when constructed. In that case, the sale of the building as residential condominium units would not require the construction industries commission (now construction industries division) to enforce the most current building code which may incorporate more stringent requirements. 1978 Op. Att'y Gen. No. 78-18.