N.M. Admin. Code § 14.5.8.8

Current through Register Vol. 35, No. 20, October 22, 2024

Section 14.5.8.8 - VIOLATIONS

A. An action by a licensee or certificate holder that is contrary to any of the following provisions, the CILA, the Liquefied Petroleum Gas and Compressed Natural Gas Act, Sections 70-5-1 through 70-5-23 NMSA 1978, the Manufactured Housing Act, Sections 60-14-1 through 60-14-20, NMSA 1978, or any rule promulgated by the commission, may subject the licensee to disciplinary action.

(1) Gross incompetence or gross negligence.

(2) Failure to maintain financial responsibility.

(3) Failure to maintain worker compensation insurance.

(4) Performing, or holding one- self out as able to perform, professional services beyond the scope of one's license and field or fields of competence.

(5) Contracting without displaying his/her full name as it appears on the license issued by the division.

(6) Advertising a classification or trade in which a contractor is not licensed by the division.

(7) Advertising a service in a false, fraudulent or misleading manner.

(8) The use of a false, fraudulent or deceptive statement in any document connected with construction bids, licensing, inspections or permitting.

(9) Fraud, deceit or misrepresentation in any application.

(10) Violation of any order of the commission.

(11) Cheating on an examination for licensure.

(12) Failure to cooperate in an investigation.

(13) Obstruction of an investigator or an inspector in carrying out their duties.

(14) Aiding and abetting unlicensed contracting.

(15) Contract or job abandonment activity as determined by a court of competent jurisdiction.

(16) Failure to meet and maintain requirements for crossover licensure for multidisciplinary registration, certificates or licenses.

(17) Failure to be in compliance with the Parental Responsibility Act.

B. If the commission or an informal hearing officer determines that a licensee violated any provision of this subsection, the commission or an informal hearing officer may: issue letter of reprimand, deny, revoke, suspend, or otherwise limit a license; assess an administrative penalty; require licensees to fulfill continuing education hours within limited time constraints; or any combination of the above.

C.Potential suspension or revocation of a license or certification based on a disqualifying criminal conviction.

(1) Pursuant to Section 28-2-4 NMSA 1978, the construction industries commission may revoke or suspend a license or certificate if the licensee or certificate holder has been convicted of a felony and the criminal conviction directly relates to the particular trade, business or profession.

(2) The construction industries commission shall not revoke or suspend a license or certificate on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in Paragraph (4) of this rule.

(3) In connection with the suspension or revocation of a license or certificate, the commission shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

(a) a conviction that has been sealed, dismissed, expunged or pardoned;

(b) a juvenile adjudication; or

(c) a conviction for any crime other than the disqualifying criminal convictions listed in Paragraph (4) of this rule.

(4) Disqualifying felony criminal convictions that may allow the denial of licensure or certification or the denial of renewal of licensure or certification, whether in New Mexico or their equivalent in any other jurisdiction include:

(a) conviction involving attempts to evade or defeat payment of a tax that is owed or may be lawfully assessed;

(b) conviction involving physical harm to a person or for an attempt, conspiracy or solicitation to commit such crimes;

(c) robbery, larceny, burglary, fraud, forgery, embezzlement, arson, theft of identity, extortion, racketeering or receiving stolen property or for an attempt, conspiracy or solicitation to commit such crimes;

(d) conviction involving bribery of a public officer or public employee or for an attempt, conspiracy or solicitation to commit such crimes.

(5) A licensee or certificate holder may submit a written justification providing evidence of mitigation or rehabilitation for consideration by the construction industries commission should discipline proceed or be anticipated based on a disqualifying criminal conviction.

(6) A licensee or certificate holder has a right, pursuant to the Uniform Licensing Act, to request a hearing should a claim be made against the license or certificate based solely on the disqualifying criminal conviction as enumerated in Subparagraphs (a), (b) and (c) of Paragraph (4) above.

(7) Should the construction industries commission suspend or revoke a license or certificate, based solely upon a disqualifying criminal conviction, the licensee or certificate holder has the right to appeal to the district court pursuant to the rules of civil procedure to determine whether the revocation or suspensions is properly based upon a disqualifying criminal conviction.

(8) Nothing herein prevents the construction industries commission from disciplining a licensee or certificate holder on the basis of a licensee's or individual's conduct to the extent that such conduct violated the Construction Industries Licensing Act or the Liquefied Petroleum and Compressed Natural Gas Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the licensee or individual was convicted is listed as one of the disqualifying criminal convictions listed in Paragraph (4) above.

N.M. Admin. Code § 14.5.8.8

Adopted by New Mexico Register, Volume XXV, Issue 21, November 13, 2014, eff. 12/13/2014, Amended by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 3/10/2022