reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.20 - CLOSED OR PUBLIC HEARING, SEALED RECORDS, AND DELIBERATIVE NOTES OF ADVISORY BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Closed
				hearings.
Unless otherwise provided by law, ordered by the advisory
				board for good cause, or required to prevent disclosure of confidential
				information, all hearings and the record are open to the public. Any party to a
				proceeding may submit a written request to close the hearing and the record to
				the public, which shall be granted if authorized by statute, regulation, to
				preserve confidentiality or to protect a party from harassment or
				reprisal.
B.
Open
				hearings.
If the hearing is open to the public, members of the public
				and the media may attend the hearing so long as they do not interrupt,
				interfere with, or impede the orderly, fair, and efficient hearing process.
				With prior consent of the advisory board, media members may record the
				proceeding from a fixed location in the hearing room. The advisory board may
				direct any member of the public, including media members, to leave the
				proceeding if they engage in any conduct that interferes with the advisory
				board's ability to maintain order, develop the record, and provide a fair and
				efficient hearing process. The proceedings shall be made available
				telephonically to members of the public, including the media, upon prior
				request.
C.
Sealed
				records.
Upon request of any party, and upon a showing of good cause,
				the advisory board may seal a particular exhibit, document, or portions of a
				witness's testimony from public disclosure if such items contain
				statutorily-protected confidential information, privileged information, or
				otherwise contain private identification information of a party or third party
				that is immaterial to a substantive issue in the proceeding or if its
				materiality is substantially outweighed by the prejudice of public release of
				the information. Upon issuance of an order sealing such documents or exhibits,
				these records will remain under seal throughout the proceeding and shall be
				returned to the submitting party at the conclusion of the appeal period or the
				appeal. The opposing party shall be entitled to promptly review these documents
				in preparing for the hearing, and may rely on those documents during the
				hearing as necessary to ensure a fair hearing process; however, the opposing
				party shall not maintain its own copy of the sealed document after conclusion
				of the hearing nor reveal, discuss, or disclose the contents of these sealed
				documents to any other party outside of the hearing process.
D.
Notes of deliberation.
The
				advisory board's notes taken during the course of the hearing, notes generated
				during the decision-making process, and any draft orders or draft decisions are
				confidential as part of the deliberative process and are not subject to public
				disclosure.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.21 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
Any request for issuance of subpoenas in matters subject to
				  these rules shall be guided by Rule 45 of the rules of civil procedure for the
				  district courts of New Mexico, except where provisions of that rule conflict
				  with the powers of the superintendent. Any subpoena issued shall be in the name
				  of the superintendent. The party requesting the subpoena shall prepare a
				  proposed subpoena, submit the proposed subpoena to each other party and to the
				  advisory board for approval, and shall timely and reasonably serve the subpoena
				  on the person or entity subject to the subpoena. Unless good cause is shown for
				  a shorter period, a subpoena shall provide at least 10 days-notice before
				  compelled attendance at a hearing or deposition, and at least 10 days-notice
				  before compelled production of materials. All returns or certificates of
				  service on served subpoenas shall be filed in the docket of the proceeding,
				  copied to the opposing party, and shall be made part of the record of the
				  proceeding.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.22 - LANGUAGE INTERPRETERS

Current through Register Vol. 35, No. 13, July 16, 2024
A party to a proceeding who needs language interpreter
				  services for translation of one language into another is responsible for
				  arranging such service for the hearing. While the person serving as an
				  interpreter need not be a court-certified interpreter in order to provide
				  interpretation at a hearing, any person serving as an interpreter in a matter
				  before the superintendent must be approved by the advisory board and must
				  affirm the interpreter's oath applicable in New Mexico courts. Upon reasonable
				  notice by the party, any interpreter required to be provided under the
				  Americans with Disabilities Act shall be provided for by the
				  superintendent.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.23 - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Entry
				of default order.
If a party fails to appear for a properly noticed
				hearing, either in person, through a permissible representative or
				telephonically with prior approval of the advisory board, the person waives the
				right to protest or challenge any action that is the subject of the hearing
				notice. The matter shall go on the record for the limited purpose of addressing
				notice and non-appearance, and the advisory board shall enter an appropriate
				order based on the waiver of the hearing by failing to appear.
B.
Evidence of notice.
In
				considering the non-appearance and whether the person received appropriate
				notice necessitating issuance of the order, the advisory board may consider the
				contents of the docket, information conveyed to or known by the advisory board,
				information related to mailing, including mail tracking, returned receipt
				information, and notes written on returned envelopes of the United States
				postal service or other mail tracking services, and arguments offered by any
				present party, all of which may be addressed on the record of the hearing or in
				any subsequent order.
C.
Written order required.
Oral rulings based on a party's failure to
				appear are not final until reduced to writing. The advisory board may issue a
				different written order as new information arises after the hearing regarding
				whether the notice of hearing was properly sent to the correct address or
				otherwise properly served.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.24 - RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Time to
				file.
A party may file a motion for reconsideration within 15 days after
				the date of the final order. Any other party may file a response no more than
				15 days after the motion for reconsideration was filed. Motions for
				reconsideration that are not filed within this deadline may be denied
				automatically. A timely filed motion for reconsideration should be decided
				based on the merits, whether or not a response is filed.
B.
Posture.
The prevailing party
				shall not file a motion for reconsideration. However, if a requested action is
				granted in part and denied in part, either party may file a motion for
				reconsideration.
C.
Basis for
				motion.
Motions for reconsideration shall not endeavor to present new
				evidence previously available, or discoverable through reasonable diligence, to
				the parties before the hearing. Motions for reconsideration shall not reargue
				the weight of evidence already ruled upon and shall not reiterate legal
				arguments already ruled upon. However, a motion for reconsideration may address
				gross factual or legal errors or omissions contained in the final decision and
				order.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.25 - APPEALS FOLLOWING HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who is adversely affected by a final order or
				  decision in a surcharge rate proceeding may appeal pursuant to the provisions
				  of Section
				  39-3-1.1
				  NMSA 1978. Each order issued by the superintendent after a surcharge rate
				  proceeding shall include information about the appeal process for the type of
				  case at issue. Once the appeal is filed in the appropriate court, the appealing
				  party shall promptly provide a court-endorsed copy of the appeal to the
				  superintendent so that the OSI records manager can prepare and submit the
				  proper record.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.26 - REQUESTING COPIES OF EXHIBITS, AUDIO, OR THE ADMINISTRATIVE RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Any party may access and copy any written document filed to
				  the docket. Copies of an audio recording or written transcript of the
				  proceeding shall be arranged through the stenographic service. The OSI may
				  charge a reasonable fee for copies made, consistent with OSI's fee schedule
				  under the Inspection of Public Records Act. The superintendent may also require
				  the requesting party to submit a computer storage device, such as a compact
				  disc, dvd disc, blu-ray disc, or usb drive, or other tangible device for
				  copying of any audio or video recording that is part of the administrative
				  record.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the activities of the New Mexico
				  Automobile Theft Prevention Authority ("NMATPA") board and to its review,
				  approval and administration of grants pursuant to Section
				  59A-16C-17 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  59A-16C-5,
				  59A-16C-16 and
				  59A-16C-17 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes definitions and procedures for the
				  conduct of business by the NMATPA board and for the review, approval and
				  administration of grants made by that board pursuant to Section
				  59A-16C-17 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Automobile theft prevention authority" or "ATPA"
has the meaning
				provided in Section
				59A-16C-17 NMSA 1978.
B.
"Automobile"
means a motor
				vehicle or vehicle.
C.
"Board
				of directors" or "board"
means the board of directors of the automobile
				theft prevention authority that is appointed in accordance with Subsection A of
				Section 59A-16C-17 NMSA 1978.
D.
"Executive director"
means a
				supervising prosecuting attorney of the OSI, as designated by the
				superintendent of insurance.
E.
"Grant announcement"
means an announcement by the board or
				executive director that grant funding is available. The announcement shall
				include a reference to all required application materials and the deadline for
				submission of grant applications.
F.
"Grant award"
means a final
				decision of the NMATPA board to award a grant to a qualified
				applicant.
G.
"Grant award
				contract"
means a written contract that arises as the direct result of a
				grant award and sets out the respective duties and obligations of NMATPA and a
				grant awardee. An attorney designated by the superintendent of insurance shall
				review every grant award contract before the contract is signed. The reviewing
				attorney shall not be the executive director of NMATPA.
H.
"Grant awardee"
means a
				qualified applicant whose grant application has been approved by the board and
				to whom notification of a grant award has been sent in accordance with this
				rule.
I.
"Grant cycle"
means the period of time between the grant announcement and a grant
				award.
J.
"Grant managers
				guidance manual" or "GMG"
means the most current publicly available
				version of the guidance manual approved by the board for providing information
				on grant application requirements and processes. The ATPA board shall update
				the GMG annually.
K.
"Grant
				recipient"
means a grant awardee.
L.
"Motor vehicle"
has the
				meaning provided in the Motor Vehicle Code, Chapter 66, Article 1 NMSA
				1978.
M.
"New Mexico
				automobile theft prevention authority" or "NMATPA"
means the automobile
				theft prevention authority established for the state of New Mexico by Section
				59A-16C-17 NMSA 1978.
N.
"NMATPA administration"
means
				the OSI staff responsible for the day-to-day operations and support of the
				board.
O.
"Qualified
				applicant"
means a state, local or regional law enforcement agency or
				task force that demonstrates that its proposed program satisfies grant
				requirements and addresses a significant aspect of automobile theft
				prevention.
P.
"Vehicle"
has the meaning provided in the Motor Vehicle Code,
				Chapter 66, Article 1 NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.8 - BOARD OF DIRECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Board responsibilities.
The main responsibility of the board is to
				administer and manage grants made in accordance with Section
				59A-16C-17 NMSA 1978. The duties
				of the board include, without limitation:
(1)
				reviewing grant applications;
(2)
				awarding grants consistent with the criteria set forth in this rule;
(3) reviewing grant reports and compliance by
				grantees; reporting on the work of the board as required by law; and
(4) other duties consistent with Section
				59A-16C-17 NMSA 1978, as may be
				from time to time determined by a majority vote of the board. The executive
				director may request that the board undertake additional duties on a temporary
				basis in order to facilitate the orderly implementation of this rule.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.9 - EXECUTIVE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The executive director of the NMATPA shall serve ex officio
				  in an official capacity as a supervising prosecuting attorney of OSI.
A.
Duties of executive director.
The executive director shall have the following duties:
(1) directing the NMATPA administration, as
				defined in Section 7 of this rule;
(2) preparing the agenda for board meetings,
				in consultation with the members of the board;
(3) posting meeting agendas as required by
				the Open Meetings Act; and
(4)
				other duties not inconsistent with the executive director's general scope of
				work as may from time to time be conferred by the board.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.10 - GRANT MANAGERS GUIDANCE MANUAL ("GMG")

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall annually review, approve and adopt the NMATPA
				  GMG during one or more board meetings. As soon as practicable after the board's
				  annual review, approval and adoption of the GMG, the executive director will
				  publish the GMG by posting a copy of the GMG on the official OSI website.
A.
GMG content.
The
				board shall use its best judgment to determine the content of the NMATPA GMG
				with the following goals in mind:
(1) Clarity
				of purpose;
(2) Completeness of
				content;
(3) Ease of comprehension;
				and
(4) Ease of use.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.11 - GRANT APPLICATIONS - SUBMISSION AND CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application submission
				period.
The board will announce annually in writing the availability of
				grant funding and the start of the application submission period. OSI will
				publish the notice on the official OSI website and distribute the notice via
				email to all entities that have signed up for OSI's newsletter email
				listserv.
B.
Application
				format and required content.
An application shall be in the form
				required by the grant announcement, consistent with the requirements set forth
				in Section
				59A-16C-17 NMSA 1978, this rule
				and the NMATPA GMG. Grant application and approval forms shall be the most
				current version adopted by the board.
(1) A
				grant application shall describe, at minimum, the specific type of automobile
				theft prevention, enforcement, specialized training, prosecution or first-time
				offender rehabilitation program proposed.
(2) A grant application shall include or
				address all required information, forms, and instructions provided in the
				NMATPA GMG.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.12 - GRANT AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The NMATPA board shall award grants on a competitive basis,
				  subject to available funding, and in accordance with the priorities described
				  in this rule. There shall be no automatic entitlement to a grant, and the board
				  shall not be required to award a grant if no application satisfies the criteria
				  set forth in the applicable grant announcement.
A.
Use of the NMATPA GMG.
The
				board shall review applications consistent with Section
				59A-16C-17 NMSA 1978, these
				rules, and the guidance set out in the most current version of the NMATPA
				GMG.
B.
Multi-jurisdictional
				priority.
The board shall give priority to those grant applications
				representing multi-jurisdictional programs. Applicants representing multiple
				jurisdictions may submit joint applications.
C.
Minimum description required.
An application shall, at a minimum, provide a thorough description of the type
				of automobile theft prevention, enforcement, specialized training, prosecution,
				or first-time offender rehabilitation program proposed. The minimum description
				shall include staffing, objectives, measurable goals and costs.
D.
Applicable review guidelines.
The board shall review each application to determine whether the submitting
				entity meets the definition of a qualified applicant. The board will then
				further review the applications received pursuant to the following guidelines:
(1) Whether the application identifies an
				automobile theft problem clearly, is measurable, and is supported by relevant
				statistical evidence;
(2) whether
				the application minimizes duplicative or overlapping existing
				programs;
(3) whether the
				application provides a design wherein activities and goals are realistic and
				attainable;
(4) whether the
				application displays innovation in its concept, design, or operation. A project
				is considered innovative if it provides a new and different strategy or
				approach that prevents, deters, intervenes or reduces the occurrence of
				automobile theft-related activity;
(5) whether the application demonstrates a
				realistic cost structure as compared to its goals (cost compared to
				benefit);
(6) whether the
				application includes a proposed evaluation design supported by relevant data to
				measure the effectiveness of the project and a plan for completing said
				evaluation consistent with applicable grant reporting requirements;
				and
(7) whether the application was
				submitted timely and in the prescribed format in accordance with the applicable
				grant announcement.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.13 - GRANT AWARDS AND NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to available funds, the board will approve grants in
				  accordance with Section
				  59A-16C-17 NMSA 1978, this rule
				  and the guidance set forth in the most current version of the NMATPA
				  GMG.
A.
Approval
				criteria.
In approving grants, the board shall consider the following
				criteria:
(1) available funds;
(2) existing activities or programs
				addressing the same or substantially similar automobile theft
				problem;
(3) statistical analyses
				of automobile theft problems in the identified project area;
(4) cooperation and coordination with other
				agencies and projects to address automobile theft problems;
(5) proposed plan for automobile theft crime
				prevention, enforcement, prosecution and training;
(6) number of personnel involved in the
				proposed project; and
(7) the
				applicant's experience, qualifications and past performance demonstrating
				ability to operate a proposed project successfully.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 22 - AUTOMOBILE THEFT PREVENTION AUTHORITY › Part 2 - BOARD AND GRANT ADMINISTRATION › Section 13.22.2.14 - GRANT EVALUATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
So that the board can evaluate program success and
				  compliance, all grant recipients must submit quarterly program and financial
				  reports to the board following grant application approval and fund
				  disbursement.
A.
Reporting forms
				provided.
The board will provide grant recipients with forms necessary
				to submit required quarterly financial and program progress/achievement
				reports.
B.
Board review
				criteria.
Board review of quarterly reports submitted by the grant
				recipients shall be consistent with identified goals and objectives of the
				NMATPA.
C.
Program
				monitoring.
The board will monitor program implementation, financial
				administration, and achievement of declared program objectives consistent with
				Section 59A-16C-17 NMSA 1978, this rule
				and the NMATPA GMG as applicable.
D.
Board feedback.
The board
				will provide feedback to grant recipients submitted or failing to submit
				required quarterly reports, or as is appropriate and consistent with statute,
				the goals and objectives of the NMATPA, this rule and the NMATPA GMG.
E.
Failure to perform.
A program
				that is failing to perform will be given written notice at least 30 days prior
				to implementation of any remedies identified in this subsection and may request
				board review of the contemplated action.In the event that a grant recipient
				fails to perform or complete required quarterly financial and program progress
				and achievement reports, the board may:
(1)
				elect to apply a program improvement plan to the recipient to rehabilitate
				performance;
(2) recommend to the
				superintendent or the superintendent's designee for revocation or suspension of
				recipient's grant agreement; or
(3)
				recommend to the superintendent or the superintendent's designee that
				reimbursement for expenses be denied.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all the administration, interpretation,
				  and enforcement of contracting work performed in New Mexico subject to the
				  jurisdiction of Construction Industries Licensing Act and the Liquefied
				  Petroleum and Compressed Natural Gas (LPG & CNG Act).
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth general provisions
				  as the statewide minimum standards governing construction contracting work in
				  New Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.8 - RESPONSIBILITY FOR COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Every person who performs work in connection with the installation,
				construction, alteration, repair or demolition of any building or structure, or
				on any electrical, gas, mechanical or plumbing system, or other construction s
				as defined by Section
				60-13-3
				NMSA 1978 or Section
				70-5-6 NMSA
				1978 and regulated by the division's statutes and rules is responsible for
				complying with all statutes and rules.
B. When a violation of the statutes or code
				is alleged, the AHJ shall investigate the allegation to obtain sufficient
				evidence or proof to determine whether a violation has occurred. The AHJ may
				require tests, at no cost to CID or the AHJ, to determine compliance. Such
				tests shall be conducted in conformance with nationally recognized testing
				standards, or if no standards have been established, in conformance with such
				specifications as the AHJ shall approve.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.10 - CERTIFIED BUILDING OFFICIAL FOR AN AHJ

Current through Register Vol. 35, No. 13, July 16, 2024
Power and duties:
The CBO is responsible for
				  enforcing the state and local rules and codes in an AHJ. The interpretations
				  and procedures established by a CBO must be in compliance with CID statutes and
				  rules.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.11 - TRADE BUREAU CHIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Powers
				and duties
: Each trade bureau chief is the ultimate authority and is
				authorized to render interpretations of the trade bureau's adopted New Mexico
				codes and standards and to establish procedures for the interpretation and
				application of those codes.
B.
Alternative materials and methods of construction:
The trade
				bureau chief is authorized to permit a variance or approve an alternative
				material or method of construction as provided in this section.
C.
Variances.
If the
				circumstances of a particular construction project make strict compliance with
				state adopted code(s) and standards technically infeasible or impracticable,
				the trade bureau chief responsible for enforcing that code has the authority to
				approve a variance. No variance shall be valid or have force or effect unless
				issued in writing and signed by the trade bureau chief.
D.
Alternatives.
The trade
				bureau chief is responsible, for approving materials, designs and methods of
				construction that are not expressly specified in that particular
				code.
E.
Supporting
				data.
The trade bureau chief may require supporting data be supplied by
				the requestor.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.12 - UNSAFE STRUCTURES OR OTHER LIFE SAFETY HAZARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of this section, an unsafe
				condition is any condition that poses an actual threat to the health, safety or
				welfare of persons or property and constitutes a violation of the CILA or its
				rules.
B. When conducting an
				inspection, if an inspector discovers an unsafe condition or a life safety
				hazard the inspector shall take the following action:
(1) If the unsafe condition or hazard results
				from construction in progress, issue a correction notice and stop work order as
				is applicable to abate the unsafe condition or hazard; if a stop work order is
				appropriate the inspector shall contact the TBC or CBO for authority to issue
				the stop work order unless the correction is for life safety. In such
				circumstance the stop work order shall be issued by the inspector providing
				notification to the specific TBC or CBO.
(2) If the unsafe condition or hazard is in
				an existing building not related to construction in progress, complete a
				correction notice detailing the observed unsafe condition or hazard. Either a
				correction notice or report shall be provided to the AHJ and the owner, agent
				or person in control or possession of the structure when the identity of the
				owner, agent or person cannot be readily determined. The report shall be
				provided no later than 48 hours after the observation of the unsafe condition.
(3) If the unsafe condition or
				hazard relates to any utility service the inspector shall proceed in accordance
				with Subsections A through D of Section
				60-13-42
				NMSA 1978; any service disconnected pursuant to this rule shall not be
				reconnected without the prior written approval of the TBC or CBO.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.13 - TECHNICAL ADVISORY COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each TBC may create a technical advisory committee and appoint members to
				assist the TBC in an advisory capacity on technical aspects of the particular
				industry.
B. The committee will
				meet at the call of the trade bureau chief.
C. The members serve at the pleasure of the
				TBC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.14 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All appeals,
				other than the allowable appeal to the commission regarding identical or
				similar names pursuant to Section
				60-13-13.2
				NMSA 1978 shall follow provisions of the ULA.
B. Appeals from the decision of the
				commission shall be made in writing to the district court as provided in
				Section
				61-1-17 NMSA
				1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all work performed in New Mexico that is
				  subject to the jurisdiction of CID for which permits are
				  required.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  60-13-9,
				  60-13-10.3,
				  60-13-45,
				  60-13-46
				  and
				  60-13-47
				  NMSA 1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 10, 2022, unless a later date is cited at the end of a
				  section. From the date of publication of this rule in the New Mexico register,
				  until 12/14/2023 permits may be issued under either the previously adopted rule
				  or this rule. After 12/14/2303, permits may be issued only under this
				  rule.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth standards and
				  requirements governing permitting of construction work in New Mexico as the
				  statewide minimum standard.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.8 - PERMITS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permits required.
Subject to the Construction Industries Licensing
				Act "CILA", Sections
				60-13-3
				and Section
				60-13-45
				NMSA 1978, and its rules, no building or structure shall be erected,
				constructed, enlarged, altered, repaired, moved, improved, removed, converted
				or demolished, no electrical wiring, plumbing or mechanical work or LP gas work
				as defined and described in the applicable New Mexico construction codes for
				those trades, may be installed, repaired, altered or maintained in or on such
				building or structure, unless the applicable permit has first been obtained
				from the appropriate AHJ, unless otherwise provided by statute s or rule. All
				re-roofs and applications of roof coatings require a building permit and
				inspections.
B.
Eligibility.
A person who is not appropriately, validly and
				currently licensed by the division is not eligible to apply for or be issued a
				permit. Provided however, a homeowner's permit may be issued to a residential
				property owner subject to the limitations of
				14.5.2.18 NMAC
				and an annual permit is provided as noted in
				14.5.2.19 NMAC.
C.
Application.
In
				order to obtain a permit, the applicant must complete and submit an application
				on an AHJ approved form for the type of permit sought.
D.
Separate Permit Types.
(1) Separate permits are required for general
				building, electrical, mechanical/plumbing, and for liquefied petroleum gas
				("LPG") work, 19.15.40 NMAC.
(2)
				Permits for temporary structures or temporary uses of structures, or for
				temporary electric poles or electrical service, may be issued pursuant to
				Subsection K of
				14.5.2.10
				NMAC and
				14.5.2.17
				NMAC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.9 - EXCEPTIONS TO REQUIREMENT FOR PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Permits shall not be required for the following:
A.
Commercial.
(1) One-story detached accessory structures
				not used for habitation and used as tool or storage sheds, playhouses or
				similar uses, provided the floor area does not exceed 120 square feet
				(11.15.m2).
(2) Oil
				derricks.
(3) Retaining walls that
				retain less than 36 inches (915 mm) of unbalanced fill, and have a total height
				equal to or less than six feet from top of wall to bottom of footing. Retaining
				walls supporting a surcharge load or impounding class I, II, or III-A liquids
				are not exempt from permit.
(4)
				Water tanks supported directly upon grade if the capacity does not exceed 5,000
				gallons (18,927L) and the ratio of height to diameter or width does not exceed
				two to one.
(5) Sidewalks and
				driveways not more than 30 inches (762 mm) above grade and not over any
				basement or story below and which are not part of an accessible
				route.
(6) Temporary motion
				picture, television and theater stage sets and scenery.
(7) Prefabricated swimming pools accessory to
				a group R-3 occupancy, as applicable in the NMRBC, that are installed entirely
				above ground with no permanent connections to water or power.
(8) Shade cloth structures constructed for
				nursery or agricultural purposes that do not include services
				systems.
(9) Swings and other
				playground equipment accessory to one-and two-family dwellings.
(10) Window awnings supported by an exterior
				wall of group R-3, as applicable in the NMRBC, and group U
				occupancies.
(11) Partitions not
				over five feet nine inches (1,753mm) in height.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.10 - SUBMITTAL DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Submittal
				documents.
(1) With each application
				for a permit, two sets of the following documents (collectively, submittal
				documents) must be submitted:
(a) type,
				occupancy including occupant load and kind of structure;
(b) plans;
(c) specifications;
(d) engineering calculations;
(e) diagrams;
(f) soil investigation reports;
(g) exterior wall envelope; submittal
				documents for all buildings shall describe the exterior wall envelope in
				sufficient detail to enable the plan review to determine compliance with the
				NMCBC the NMRBC and NMECC; the submittal documents shall show the exterior wall
				envelope in detail as required, including flashing, intersections with
				dissimilar materials, corners, end details, control joints, intersections at
				roof, eaves, or parapets, means of drainage, water-resistive membrane, and
				details around openings; roofing systems and manufacturers specifications are
				required to be submitted;
(h)
				mechanical design criteria for all buildings must be included with the
				submittal documents;
(i) any other
				data or document required by the AHJ's plan review official;
(j) public buildings under the authority of
				the construction industries division shall have a structural engineer/architect
				determine the floodplain elevation, and the applicant shall ensure that all
				work is performed in compliance with floodplain requirements under the New
				Mexico Commercial Building Code ("NMCBC"). The construction industries division
				shall then pre-determine the design flood elevation verified by the New Mexico
				structural engineer/architect, prior to plan submittal to the division;
				and
(k) In riverine flood hazard
				areas where design flood elevations are identified but floodways have not been
				designated, the applicant shall demonstrate, to CID, that the effect of the
				proposed buildings and structures on design flood elevations, including fill,
				when combined with all other existing and anticipated flood hazard area
				encroachments, will not increase the design flood elevation more than one foot
				at any point within the jurisdiction. If it is determined that the construction
				is within a floodplain, the work shall comply with NMCBC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.11 - ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Plan
				review.
If the submittal documents do not comply with construction codes
				14.5.7 through 14.5.10 NMAC, the AHJ shall reject them and shall communicate
				the reasons for rejection to the applicant in writing. If the submittal
				documents meet the applicable codes and rules, the submittal documents shall be
				approved and the AHJ shall issue a permit to the applicant after payment in
				full of the applicable permit fees, as set forth in 14.5.5 NMAC or as required
				by the AHJ.
B.
Authorization
				to change.
No change or modification may be made to the approved
				submittal documents for which a permit has been issued without the express,
				written authorization of the AHJ. All work authorized by a permit must be
				performed in accordance with the approved submittal documents for which the
				permit was issued. Changes in the work, occupancy type, occupant load or kind
				of structure authorized by a permit must be reflected in an amended set of
				submittal documents, which must be resubmitted for approval by the
				AHJ.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.12 - VALIDITY OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The issuance or granting of a permit shall not be construed
				  to be a permit for, or an approval of, any violation of any of the provisions
				  of the New Mexico construction codes or any other applicable law or rule.
				  Permits presuming to give authority to violate or cancel the provisions of the
				  New Mexico construction codes or any other applicable law or rule shall not be
				  valid. The issuance of a permit based on construction documents and other data
				  shall not prevent the AHJ from requiring the correction of errors in the
				  construction documents and other data.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.13 - SUSPENSION, CANCELLATION, OR REVOCATION OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The TBC or CBO is authorized to suspend,
				cancel or revoke a permit issued pursuant to the code for which the official
				has responsibility for the following causes:
(1) whenever the permit is issued in error,
				or on the basis of incorrect, inaccurate, incomplete, or fraudulent information
				or in violation of any provision of Title 14 of the NMAC;
(2) when a job is abandoned as determined by
				the division pursuant to the CILA and its rules;
(3) failure to correct code violations for
				which a notice of correction or stop work order has been issued;
(4) change in the person or entity performing
				the work;
(5) payment of any amount
				due to an AHJ with a "non-sufficient funds" check;
(6) aiding or abetting an unlicensed
				contractor or journeyman;
(7) at
				the written request of the permittee.
(8) upon written notification of the
				termination of the contract with the permittee, from the project
				owner.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.14 - EXPIRATION AND DEACTIVATION OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Expiration.
Every permit
				issued by the AHJ shall expire and be void if the work authorized by the permit
				is not commenced within 180 days from the issuance date.
B.
Cancellation.
If the work
				authorized by a permit is suspended, delayed or abandoned after the work is
				commenced and such suspension, delay or abandonment continues for greater than
				180 days, the permit shall be cancelled. In order for work on the project to
				continue, a new permit application must be submitted, a new, full permit fee
				must be remitted, and a new permit issued. The AHJ may require re-submittal of
				documents.
C.
Extension of
				time.
The CBO or TBC may extend the time of an active permit for an
				additional period not to exceed 180 days on receipt of a written request from
				the permit holder showing that circumstances beyond the control of the
				permittee have caused delay in the permitted work.
D.
Penalties.
Any work performed
				after a permit expires, cancels or becomes inactive shall be considered a
				violation pursuant to Subsection A of
				14.5.2.8 NMAC and subject to
				discipline and to the provisions of
				14.5.2.16 NMAC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.15 - DENIAL OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The AHJ may
				deny the issuance of a permit and associated inspections for good cause. Good
				cause shall include, without limitation:
(1)
				failure to pay all or part of a permit fee or penalty when due;
(2) an outstanding balance on any amounts due
				to the division or an AHJ that has accrued without approval of the director or
				the AHJ.
(3) Failure to fully
				comply with a commission order.
(4)
				Failure to comply with the Parental Responsibility Act.
(5) Requesting a permit without the proper
				license classification for the work to be performed.
(6) Applying for a permit on behalf of
				another entity.
(7) Allowing
				another other than the licensee to use the license to obtain a
				permit.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.16 - FAILURE TO OBTAIN PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
If any work, is performed by a licensee, for which a permit
				  is required, and is commenced prior to obtaining the necessary permit, the AHJ
				  may assess a fee in the amount of twice the usual permit and inspection fees
				  for the first violation with all subsequent violations disciplined pursuant to
				  Subsection A of Section
				  60-13-23.1
				  NMSA 1978, or referring the violation to CID for disciplinary
				  action.