Current through Register Vol. 35, No. 18, September 24, 2024
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.