reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.9 - LICENSURE BY EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person desiring licensure by examination as an interior
				  designer shall apply to the department on a form prescribed by the department,
				  pay the required application fee, and furnish evidence to the department
				  documenting that the applicant meets the requirement for licensure. The
				  following are the requirements for licensure.
A. Completed application form, provided by
				the department. All areas of the form must be filled out and the application
				must be signed. Application must be accompanied by application fee.
B. Verification of passing the National
				Council for Interior Design Qualification (NCIDQ) examination or other
				nationally recognized examination approved by the department, must be submitted
				to the department.
C. Active
				certification from the National Council for Interior Design Qualification or
				another nationally recognized certification must be submitted to the
				department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.10 - LICENSURE WITHOUT EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may, on a case-by-case basis, review and issue
				  a license to any person applying for a license, who does not satisfy the
				  licensing requirements in
				  16.42.3.9 NMAC if the applicant
				  provides evidence to the department that:
A. The applicant has an active licensure in
				another state or country where qualifications are equal to or exceed those
				required by the Interior Designers Act and the applicant complies with all
				other requirements of the Interior Designers Act; or
B. The applicant has apprenticed for at least
				eight years under a licensed interior designer who passed the National Council
				for Interior Design Qualification examination or another nationally recognized
				examination approved by the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.12 - EXPEDITED LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall issue in no later than 30 days a license by reciprocity to an
				applicant from another state who holds a current license in good standing,
				provided the requirements for licensure in the state where the applicant is
				licensed meet or exceed the requirements for licensure in the state of New
				Mexico.
B. An expedited license is
				a one year provisional license that confers the same rights, privileges, and
				responsibilities as regular licenses issued by the department, provided that
				the department may allow for the initial term of an expedited license to be
				greater than one year by rule or may extend an expedited license upon a showing
				of extenuating circumstances.
C.
				Before the end of the expedited license term and upon application, the
				department shall issue a regular license through the license renewal
				process.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.13 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				licenses issued by the department shall expire four years after the date issued
				and shall be renewed by submitting a completed renewal application, accompanied
				by the required fees, on the application form prescribed by the
				department.
B. Each licensed
				interior designer must have completed no less than 20 continuing education
				hours of educational instruction or training in interior design subjects or
				courses of study, within each renewal period, as defined in
				16.42.6.8 NMAC. The department may
				make exceptions from this continuing education requirement in cases that the
				licensee provides evidence of emergency or hardship.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.14 - EXPIRED LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The holder of a license that has expired through failure to
				  renew may renew the license, upon approval of the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.15 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license in good standing may be transferred to inactive status upon written
				request to the department. Such request shall be made prior to the expiration
				of the license.
(1) The licensee shall submit
				their license to the department along with a written request to be placed on
				inactive status. The licensee is deemed inactive status at the time of the
				request and license are stamped and received at the department. In the event
				the license is lost or otherwise unavailable for delivery, inactivation of the
				license will take place at the time the department receives and marks them at
				the department.
(2) After three
				years of inactive status a licensee is required to re-apply for
				licensure.
(3) No licensee will
				automatically be placed on inactive status by failure of the licensee to renew
				their license or to pay the annual inactive status fee.
(4) No licensee shall be placed on inactive
				status if the licensee is under investigation or if disciplinary proceedings
				have been initiated.
(5) The
				voluntary inactivation of a license will not prevent the commission from taking
				disciplinary action again the licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 3 - LICENSING REQUIREMENTS › Section 16.42.3.16 - EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, CHILDREN, AND VETERANS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definitions:
(1) "Good standing" means a
				license or registration is active and not expired, suspended, revoked,
				surrendered, conditioned, or otherwise in a status that in any manner restricts
				the activity of a license or registrant under the authority of the
				license.
(2) "Licensing fee" has
				the same meaning as defined in Paragraph (1) of Subsection E of Section
				61-1-34 NMSA 1978.
(3) "Licensing jurisdiction" has the same
				meaning as defined in Subsection F of Section
				61-1-2 NMSA 1978.
(4) "Military service member" has the same
				meaning as defined in Paragraph (2) of Subsection E of Section
				61-1-34 NMSA 1978.
(5) "Veteran" has the same meaning as defined
				in Paragraph (3) of Subsection E of Section
				61-1-34 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 4 of Chapter 42 apply to all
				  licensees, and applicants for licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Interior Design
				  Act, 61-24C-5; 61-24C-10; 61-24C-11 and 61-24C-12 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 10, 1997 unless a different date is cited at the end
				  of a section of paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 is to establish the procedures for
				  filing complaints against a licensee, the authority of the department regarding
				  ground for denial, suspension, or revocation of a license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Disciplinary proceedings against a licensed interior designer
				  may be initiated by a sworn complaint of any person. Complaint forms shall be
				  obtained from the department or department website and must be filed with the
				  department or online.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.9 - DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
Unprofessional conduct is grounds for denial, suspension or
				  revocation of a license under Subsection F of Section
				  61-24C-10 NMSA 1978,
				  unprofessional conduct shall include, but is not limited to, violations of the
				  code of professional conduct for interior design.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 4 - COMPLAINTS AND DISCIPLINARY ACTIONS › Section 16.42.4.10 - POTENTIALLY DISQUALIFYING CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Convictions for any of the following offense, or their
				  equivalents in any other jurisdiction, are disqualifying criminal convictions
				  that may disqualify an applicant from receiving or retaining a license or
				  certificate by the department.
A.
				Physical harm to others:
(1) murder;
(2) manslaughter;
(3) assault;
(4) battery;
(5) abandonment of a child resulting in death
				or great bodily harm;
(6) abuse of
				a child;
(7) kidnapping;
(8) false imprisonment;
(9) sexual assault;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 5 - FEES › Section 16.42.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicant and licensure fees required for application,
				  licensing, renewals, penalties, and other fees required under the Interior
				  Designers Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 5 - FEES › Section 16.42.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Interior Design
				  Act, 61-24C-14, and 61-24C-16 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 5 - FEES › Section 16.42.5.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees are non-refundable.
A. Applicants for licensure
B. The renewal fee shall be two hundred fifty
				dollars ($250.00).
C. The late fee
				shall be one hundred dollars ($100.00).
D. The fee for a duplicate or replacement
				license shall be twenty-five dollars ($25.00).
E. The reinstatement fee shall be two hundred
				dollars ($200.00).
F. The fee for
				inactive status shall be fifty dollars ($50.00) due annually by October
				1st each year.
G. The fee for printable labels of licensees
				shall be twenty-five dollars ($25.00).
H. The fee for electronic list of licensees
				shall be fifteen dollars ($15.00).
I. The fee for each CEU course application
				shall be seventy-five dollars ($75.00).
J. The fee for a verification of licensure
				shall be fifteen dollars ($15.00).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 6 of Chapter 42 apply to all interior
				  designers who are applying to renew their license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Interior Design
				  Act Section, 61-24C-10 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 10, 1997 unless a different date is cited at the end
				  of a section of paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 is to establish criteria for
				  continuing education for interior designers licensed in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Continuing
				Education Unit (CEU)" means a point awarded to a professional person by a
				professional organization for having attended an educational program relevant
				to the goals of the organization. A value is established for the course and
				that number of points is given.
B.
				"Continuing Education (CE)" means educational opportunities for
				professionals.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 6 - CONTINUING EDUCATION GUIDELINES › Section 16.42.6.8 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Interior designers in New Mexico shall be required to develop
				  their professional knowledge and competency in conformity with this rule by
				  completion of continuing education approved by the department.
A. Prior to renewal, every interior designer
				is required to complete 20 hours of continuing education in interior design
				subjects or courses of study approved by the department or interior design
				continuing education council (IDCEC).
B. Organization and administration: The
				department shall:
(1) evaluate and approve
				either prospectively, or retrospectively, specific courses, programs of
				education, and training as formal programs of learning which contribute
				directly to the professional competency of an interior designer, and shall
				determine the appropriate number of CEU hours to be granted for each course
				offering submitted;
(2) audit the
				continuing education professional education records of licensees as deemed
				necessary; and
(3) approve courses
				that have received IDCEC approval.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to expedite
				  licensure for military service members, spouses, dependent children, and
				  veterans.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to Section
				  61-1-34 NMSA 1978 of the Uniform
				  Licensing Act, and the Interior Designers Act, Sections
				  61-24C-1 to 16 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 4, 2014, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to expedite licensure for
				  military service members, their spouses, their dependent children and for
				  veterans pursuant to Section
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"License"
has the same meaning as defined in Subsection E of
				Section 61-1-2 NMSA 1978.
B.
"Licensing Fee"
has the same
				meaning as defined in Subsection E of Section
				61-1-34 NMSA 1978.
C.
"Military service member"
has
				the same meaning as defined in Subsection E of Section
				61-1-34 NMSA 1978.
D.
"Substantially equivalent"
means the determination by the board that the education, examination, and
				experience requirements contained in the statutes and rules of another
				jurisdiction are comparable to, or exceed the education, examination, and
				experience requirements of the Interior Designers Act.
E.
"Veteran"
has the same
				meaning as defined in Subsection E of Section
				61-1-34 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications for registration shall be completed on a form provided by the
				department.
B. The applicant shall
				provide a complete application that includes the following information:
(1) applicant's full name;
(2) current mailing address;
(3) current electronic mail address, if
				any;
(4) date of birth;
				and
(5) proof as described in
				Subsection C of
				16.42.7.8
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 42 - INTERIOR DESIGNERS › Part 7 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS › Section 16.42.7.10 - RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license issued pursuant to this section shall not be renewed unless the license
				holder satisfies the requirements for renewal set forth in 16.42.3 NMAC
				pursuant to Interior Designers Act, Sections
				61-24C-1 to 16 NMSA
				1978.
B. As a courtesy, the
				department, will send via electronic mail license renewal notifications to
				licensees or registrants before the license expiration date to the last known
				email address on file with the department. Failure to receive the renewal
				notification shall not relieve the licensee or registrant of the responsibility
				of timely renewal on or before the expiration date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all hoisting operators engaged in
				  construction, excavation or demolition ativities within the state of New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to Section
				  60-15-6
				  NMSA 1978, of the Hoisting Operators Safety Act (60-15-1 to -15 NMSA
				  1978).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To promote the general welfare and protect the lives and
				  property of the people of New Mexico by requiring persons operating hoisting
				  equipment to be trained and licensed when employed in construction, demolition
				  or excavation work.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Act
means the Hoisting Operators Safety Act (Sections
				60-15-1 to
				-15 NMSA 1978).
B.
CID
means the construction industries division.
C.
Construction
means the act
				or process of constructing or being constructed.
D.
Council
means the hoisting
				operators licensure examining council.
E.
Demolition
means the act or
				process of wrecking, razing or destroying.
F.
Department (or "RLD")
means
				the New Mexico regulation and licensing department.
G.
Direct supervision
means the
				training supervisor being in direct visual sight to their trainee for at least
				the first one hundred (100) hours of supervised time, and thereafter being in
				close proximity and on the same jobsite with the trainee, with the supervisor
				being directly responsible for the trainee.
H.
Excavation
means the act of
				digging, hollowing out or removing materials.
I.
HSD
means the New Mexico
				human services department.
J.
In-house training course
means a course in hoisting equipment
				operations approved by the council and offered by an employer, person or
				organization that results in a trainee receiving an in-house hoisting operation
				card pursuant to (Section
				60-15-7
				NMSA 1978).
K.
OSHA
means the United States department of labor occupational safety and health
				administration.
L.
Stipulated agreement
means a binding agreement between the department
				and a person, licensee or entity engaged in activity governed by the act to
				resolve violations or alleged violations of the act.
M.
Superintendent
means the
				superintendent of the NM regulation and licensing department.
N.
ULA
means the New Mexico
				Uniform Licensing Act (Sections
				61-1-1 to
				-33 NMSA 1978).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.8 - PARENTAL RESPONSIBILITY ACT COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Compliance required:
Any
				applicant or licensee must be in compliance with the Parental Responsibility
				Act, (Sections
				40-5A-1 to
				-13 NMSA 1978)
B.
Denial,
				suspension or revocation:
Upon receipt from HSD of a certified list of
				persons not in compliance with a judgment and order for child support, the
				department shall match the certified list against licensees and applicants. The
				department shall intiate proceedings under the ULA to deny an initial
				application or renewal application, or to suspend or revoke an Active license
				for noncompliance with a judgement or order for child support. If a license is
				suspended or revoked for noncompliance with the Parental Responsibility Act,
				the final order shall state that the license may be reinstated at any time by
				providing the department with a certified statement of compliance from
				HSD.
C.
Proof of
				compliance:
Applicants and licensees may prove compliance with the
				Parental Responsibility Act as follows:
(1)
				An applicant for initial licensure or renewal that provides a certified
				statement of compliance from HSD within thirty (30) days from the date of
				notice that their application is subject to denial for noncomplaince with the
				Parental Responsibility Act shall have their application reinstated for
				consideration.
(2) A licensee that
				has received notice that their license is subject to suspension or revocation
				may provide a certified statement of compliance to the department at anytime
				and the department will dismiss the proceedings.
(3) A licensee that has had their license
				suspended or revoked shall have their license reinstated upon providing the
				department with a certified statement of compliance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.9 - DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
Every licensee or applicant shall be afforded notice and the
				  opportunity to be heard in accordance with the ULA before the superintendent
				  may deny an application, place probationary limitations on a license, suspend
				  or revoke a license or assess an administrative penalty against a licensee.
				  Hearings will be held by a hearing officer, which may be a member of the
				  council or a department employee designated by the council, or by the full
				  membership of the council. The council shall review hearing officer reports and
				  make disciplinary recommendations to the superintendent.
A. In addition to any violation of the act,
				the following may be grounds for disciplinary action:
(1) refusal of a licensee to comply with a
				stop work order issued by the department;
(2) making a material misstatement or
				misrepresentation in an application for intial licensure or renewal;
(3) intentionally making a material
				misstatement to the department during an official investigation;
(4) aiding or abeting another in violating
				provisions of the act or a rule adopted pursuant to the act;
(5) altering or falsifying a license issued
				by the department;
(6) failing or
				refusing to furnish the department, its investigators or its representatives
				information requested in the course of an official investigation by the
				department; or
(7) operating
				hoisting equipment in a negligent or reckless manner as determined by the
				department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.10 - FINES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section 60-15-11(F) NMSA 1978, the
				  superintendent may issue a citation and a fine to an individual or business
				  that violates the act, or any regulation adopted pursuant to the act, as long
				  as the fine does not exceed limitations set pursuant to Section
				  60-15-13
				  NMSA 1978. Unlicensed hoisting operator:If a fine is assessed against an
				  unlicensed operator, the superintendent may provide the unlicensed operator the
				  option to respond to the order assessing the fine and enter into a stipuluated
				  agreement to resolve the violation by paying a lesser fine under the condition
				  that the unlicensed operator admits guilt and agrees to become
				  licensed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.11 - REPORT OF INCIDENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				in-house hoisting operator card holder or licensee involved in any incident
				that involves a death, or an injury to three (3) or more individuals, shall
				submit a report as required under applicable state or federal safety
				laws.
B. Any in-house hoisting
				operator card holder or licensee involved in any incident that involves a
				personal injuryrequiring a hospital stay of seventy-two (72) hours or more, or
				any incident that involves damage to property or equipment of one thousand
				($1,000) dollars or more, shall notify the department within ninety-six (96)
				hours of the incident.
C. Failure
				to report an incident may result in a disciplinary actions, penalties or
				fines.
D. Upon receipt of a report
				regarding an incident that may have involved a crane operator or hoisting
				operator, the department, council or its designee may gather information on the
				incident and may assign an inspector or investigator to visit the site of the
				incident, investigate the cause(s) of the incident, and submit a written report
				to the council summarizing their findings.
E. The council may review any incident
				investigation findings and make a recommendation to the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.12 - INSPECTION/INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Inspection services:
The department may contract for inspection services
				or may enter into agreement(s) with any private or state agency such as, but
				not limited to, NM-OSHA or the CID to provide inspection services regarding
				hoisting operators.
B.
Investigation services:
The department may contract for investigation
				services or may enter into agreement(s) with any private or state agency such
				as, but not limited to, NM-OSHA or the CID to provide investigation services in
				order to investigate the cause(s) of any accident involving a hoisting operator
				or hoisting equipment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.13 - HOISTING OPERATORS LICENSURE EXAMINING COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Establishment of council:
The
				hoisting operators licensure examining council is established in accordance
				with (Section
				60-15-14
				NMSA 1978).
B.
Elections:
At the first council meeting of each calendar year, the
				council shall elect, by majority vote of the members present, the following
				officers: chair, vice-chair, and secretary. No officer shall be elected more
				than twice in succession to the same office. If an officer leaves the council
				for any reason, a successor officer shall be elected, by majority vote of the
				members present at the next meeting of the council, to serve the remainder of
				the term. Any member absent from three consecutive regularly scheduled council
				meetings shall be deemed to have resigned from the council.
C.
Compensation:
Council members
				may be reimbursed as provided in the Per Diem and Mileage Act, Sections
				10-8-1 to
				-8 NMSA 1978, and shall receive no other compensation, perquisite, or
				allowance.
D.
Meetings:
The council shall meet no less than quarterly. A meeting shall
				be convened at the request of the department, call of the chair, or upon
				written request addressed to the chair of two (2) council members. Meetings
				shall be held in compliance with the requirements of the Open Meetings Act
				(10-15-1
				to -4 NMSA 1978). A quorum shall consist of at least half of the duly appointed
				commissioners at the time of a meeting.
E.
Telephone attendance:
If it
				is difficult or impossible for a member of the council to attend a meeting in
				person, the member may participate through a telephone conference. Each council
				member participating by telephone conference must be identified when speaking,
				all participants must be able to hear each other at the same time, and members
				of the public attending the meeting must be able to hear any member of the
				council who speaks during the meeting.
F.
Public records:
The council
				and department shall comply with the Inspection of Public Records Act,
				(Sections
				14-2-1
				to -12 NMSA 1978). The council's administrator shall be the custodian of the
				council's records.
G
Duties:
In addition to obligations under Section 60-15-14(B), duties of
				the council shall include:
(1) holding
				hearings in accordance with the provisions of ULA;
(2) examining proposed in-house training
				course providers and refresher course providers to determine whether they meet
				the requirements of the act and these rules, and publishing and updating lists
				of approved training providers;
(3)
				making recommendations to the department concerning any aspect of licensing
				under the act or these rules, including recommending new council members to the
				superintendent;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 1 - GENERAL PROVISIONS › Section 16.43.1.14 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Fee
				payments:
(1) All checks to the
				department from applicants and licensees shall be made payable to "The New
				Mexico Hoisting Program."
(2) All
				payments shall be delivered to the department's office.
(3) All fees and payments shall be refundable
				in whole or in part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Construction Industries Division of the Regulation and
				  Licensing Department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all hoisting operators engaged in
				  construction, excavation or demolition activities within the state of New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to Section
				  60-15-6
				  NMSA 1978, of the Hoisting Operators Safety Act (Sections
				  60-15-1 to
				  -14 NMSA 1978).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 31, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To promote the general welfare and protect the lives and
				  property of the people of New Mexico by requiring persons operating hoisting
				  equipment to be trained and licensed when employed in construction, demolition
				  or excavation work.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.8 - IN-HOUSE TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person who has successfully completed an in-house training course approved by
				the council may operate hoisting equipment without the written examination
				required by Section
				60-15-7
				NMSA 1978 for a period of two (2) years. Prior to the expiration of two (2)
				years, and with at least five hundred (500) hours of seat time, the person
				shall apply for a license pursuant to 16.43.2.10 through 16.43.2.12 NMAC, as
				applicable.
B.
Employer
				responsibility:
An employer choosing to exempt its employees from the
				licensing requirements of the act for two (2) years by offering an in-house
				training course for its employees shall be responsible for the qualifications,
				capability, experience, physical condition, and actions of its hoisting
				operators.
C.
Standards for
				approval of training course:
The council shall determine whether training
				programs meet the requirements of the federal occupational safety and health
				administration, United States department of labor or occupational health and
				safety bureau of the United States department of environment.
D.
Approval of training course:
(1) Any employer, person or organization
				wishing to offer an in-house training course to hoisting operators in this
				state shall first obtain written approval of the course from the council. The
				request must be submitted on a council approved form containing a complete
				description of the program's curriculum, content, examination coverage and
				instructor(s) qualifications. An application fee, as required under 16.43.1.14
				NMAC, shall be included with a completed application.
(2) After review of the application
				submitted, the council shall indicate in writing its approval or disapproval,
				and if disapproved, the council shall provide a reason for the disapproval. The
				council shall notify the employer, person or organization in writing of the
				approval or disapproval of the proposal within ninety (90) days of receipt of
				the completed form. Upon approval, the employer, person or organization shall
				submit to the council a non-refundable certification fee as required under
				16.43.1.14 NMAC.
(3) The
				certification shall be for a period of two (2) years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.9 - LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensure
				required:
No person shall operate hoisting equipment in construction,
				demolition or excavation work when the hoisting equipment is used to hoist or
				lower individuals or material unless the person is licensed under the act,
				holds an in-house hoisting operator card or is exempt pursuant to Section
				60-15-3(M) NMSA 1978.
B.
Description of license:
The license issued by the department shall
				include, at a minimum: license number; expiration date of license; license
				classification and endorsement(s); licensee's name, address, and signature; and
				authorized signature of the designated representative of the
				department.
C.
Initial
				license period:
An initial license shall be valid for two (2) years from
				the date of issuance.
D.
Examination requirements:
All applicants must take the written general
				examination and the law and safety examination as approved by the council. A
				class I and II hoisting operator must also take a practical examination or
				complete a council approved in-house training course.
E.
Validity:
A license issued
				under the act and these rules is valid throughout the state of New Mexico. A
				license is valid only for the classification and endorsement(s) for which it is
				issued.
F.
Possession:
The licensee must have their license in their possession and
				on their person at all times while engaged in the operation of hoisting
				equipment or any other activity subject to the act.
G.
Proof of license:
If a
				hoisting operator is asked for proof of licensure by a state inspector, or a
				state investigator as designated by the department or council, the operator
				shall produce their hoisting operator's license accompanied by a current motor
				vehicle driver's license or other form of photo identification.
H.
Non-assignable and
				non-transferable:
A license may be used legally only by the person to
				whom it is issued; it may not be transferred, shared, or otherwise
				assigned.
I.
Lost
				license:
If a license is lost, destroyed or mutilated, the licensee shall
				immediately deliver to the department a written statement setting forth the
				circumstances surrounding the loss, destruction or mutilation of the license,
				and any applicable fee for the issuance of a duplicate license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.10 - APPLICATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application for licensure:
(1)
				Each applicant for licensure must submit to the department the appropriate
				documentation as specified in these rules.
(2) The filing date of the application shall
				be the date the application is date-stamped by the department upon its
				receipt.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.11 - CLASS I HOISTING OPERATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Scope of work:
(1) A class I hoisting operator shall have an
				endorsement on the applicant's license, based on experience, authorizing him to
				operate any size or weight of one or more of the following types of cranes:
				conventional, hydraulic or tower.
(2) A class I hoisting operator may perform
				the work of a class II or class III hoisting operator without being licensed in
				either of those classifications.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.12 - CLASS II HOISTING OPERATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Scope of work:
(1) A class II hoisting operator may operate
				a hydraulic crane of up to one hundred (100) tons lifting capacity with a
				maximum boom length of one hundred fifty (150) feet, regardless of mounting or
				means of mobility.
(2) A class II
				hoisting operator may perform the duties of a class I hoisting operator without
				being licensed in that classification
only
while working under
				the direct supervision of a class I hoisting operator with the proper
				endorsement.
(3) A class II
				hoisting operator may perform the work of a class III hoisting operator without
				being licensed in that classification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.13 - CLASS III HOISTING OPERATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Scope of work:
(1) A class III hoisting operator may work as
				an apprentice, trainee, or crane oiler or driver, under the direct supervision
				of a class I with the proper endorsement or class II hoisting
				operator.
(2) A class III hoisting
				operator may perform the duties of a class I or class II hoisting operator
				without being licensed in that classification
only
while
				working under the direct supervision of a class I with the proper endorsement
				or class II hoisting operator.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.14 - LOG BOOK

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Class
				I hoisting operator:
A log book must be kept by any class I hoisting
				operator who seeks an additional endorsement on their class I
				license.
B.
Class II
				hoisting operator:
A log book must be kept by any class II hoisting
				operator who seeks to become a class I hoisting operator.
C.
Class III hoisting
				operator:
A log book must be kept by any class III hoisting operator who
				seeks to become a class I or class II hoisting operator.
D.
Contents of log book:
The log
				book shall contain, at a minimum: the name of the person maintaining the log,
				type and tonnage of equipment operated, boom length, date and specific hours of
				operation, total hours of operation, printed name of direct supervisor (a class
				I with the proper endorsement or class II hoisting operator in the proper class
				of equipment being operated) and signature of direct supervisor for respective
				time periods.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.15 - EXAMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Testing
				services:
The department or council may accept examinations administered
				by nationally approved companies or the results of an examination administered
				by an approved in-house training provider.
B.
General examination:
(1) A written general examination selected
				and approved by the council shall be scheduled at least monthly; the dates and
				locations of the examinations shall be determined by the examining vendor
				approved by the council.
(2) The
				written general examination shall test the applicant's knowledge of hoisting
				equipment operation, it's care and maintenance, inspection and set-up, and
				related safety practices.
(3) The
				written general examination shall be required to be taken and passed by all
				applicants for hoisting operator licenses in any classification.
(4) A passing grade shall be a score above
				seventy-five percent (75%).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 43 - HOISTING OPERATORS › Part 2 - HOISTING OPERATORS SAFETY; HOISTING OPERATORS CODE › Section 16.43.2.16 - CHANGES IN STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Change of address:
A licensee shall report to the department in
				writing any change of permanent address within thirty (30) days of such
				change.
B.
Change of
				name:
If a licensee legally changes their name and wishes their license
				to reflect that name change, the licensee shall submit proof of the name change
				and a fee in accordance with these rules.
C.
Change of classification:
An
				applicant for a hoisting operator's license in a classification different from
				the classification currently held or for an additional endorsement shall apply
				on approved forms supplied by the department.