N.M. Admin. Code § 16.66.8.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.66.8.8 - GROUNDS FOR DISCIPLINARY ACTION

The following are grounds for taking disciplinary action against licensees and unlicensed practitioners, and for denying licenses to applicants:

A. Substantial misrepresentation;

B. Violations of the Home Inspector Licensing Act or any rule of the board, including but not limited to the code of ethics and standards of practice as outlined in Parts 5 and 6 of these rules;

C. Offered or delivered compensation, inducement, or reward to the owner of an inspected property or to the broker or the agent for the referral of any business to the home inspector or the home inspector's company;

D. A license to perform home inspections revoked, suspended, denied, stipulated or otherwise limited in any state, jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts proscribed in Section 61-24D-11 of the Home Inspector Licensing Act;

E. Failure to furnish the board, its investigators or its representatives with information requested by the board in the course of an official investigation;

F. Performance or offer to perform for an additional fee any repair to a structure on which the home inspector or the home inspector's company has prepared a report at any time during the twelve months immediately prior to the repair or offer to repair, except that a home inspection company that is affiliated with or that retains a home inspector does not violate this paragraph if the home inspection company performs repairs pursuant to a claim made pursuant to the terms of a home inspection contract; or

G. Failure to maintain errors and omissions insurance and professional liability insurance as required by the Home Inspector Licensing Act and the rules of the board.

H. Failure to comply with a notice of audit or submit evidence of continuing education hours earned during the current renewal cycle may result in disciplinary action by the board.

N.M. Admin. Code § 16.66.8.8

Adopted by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 1/15/2021, Amended by New Mexico Register, Volume XXXV, Issue 08, April 23, 2024, eff. 4/23/2024