N.M. Admin. Code § 14.5.9.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 14.5.9.9 - CODE VIOLATION DETERMINATIONS

A. Determinations:

(1)CVDs will be made by a division inspector and a chief inspector will review and approve of the CVDs made by the division inspector. The division inspector's determination may be based on a municipality's or county's building department findings.

(2)If the division issues a CVD, the licensee must be afforded the opportunity to correct the code violations in the time allotted by the division before a request for a CUV can be filed with the division.

(3)Damages as a result of a code violation are not included in the corrective work for a code violation except in cases of minor demolition to gain access to perform the corrective work.

(4)Abandoned or incomplete projects are not indemnified by the code bond as these are contract issues not governed by the Construction Industries Licensing Act (CILA).

B. Appeals: A licensee may appeal one or all of the violations identified in the CVD by sending a written appeal that specifies which violation(s) is being appealed to the director within 10 calendar days of receipt of the CVD. A licensee may choose to appeal one or more violation determinations while also choosing to correct other violation determinations that the licensee does not wish to appeal. Upon the receipt of a timely written appeal, the director shall uphold or overturn the CVD within 30 calendar days. If the director upholds a CVD, the licensee may appeal the director's decision to the commission by sending a written request to the commission within 20 days of receipt of the director's decision. A timely written appeal to the commission shall be heard at the commission's next regularly scheduled meeting. The commission's decision is final and not subject to judicial review.

C. Corrected code violations: If at any time, a licensee corrects violations identified in a CVD to the satisfaction of a division inspector, the division shall administratively dismiss the code bond determination request.

N.M. Admin. Code § 14.5.9.9

Adopted by New Mexico Register, Volume XXVI, Issue 06, March 31, 2015, eff. 4/30/2015