A. Except as otherwise provided in this section, no certificate of qualification shall be issued to an individual desiring to be a qualifying party until he has passed with a satisfactory score an examination approved and adopted by the division.
B. The examination shall consist of a test based on general business knowledge, rules and regulations of the division and the provisions of the Construction Industries Licensing Act. In addition, applicants for a GB, MM or EE classification or for any other classification that the commission determines to be appropriate shall take a test based on technical knowledge and familiarity with the prescribed codes and minimum standards of the particular classification for which certification is requested. The division shall provide examinations in both English and Spanish.
C. In lieu of the examination to determine knowledge of business and construction industries law provided in Subsection B of this section, an applicant may satisfy the business and law knowledge requirement by receiving a certificate of completion of a business and law course of study offered by an accredited education institute approved by the commission. The course and any preparation and instruction materials shall be available in both English and Spanish and shall be made available to the division, the commission or the designated agent of the division, upon request, for review.
D. If a contractor's license is subject to suspension by the commission and if the suspension is based on the requirement that the licensee employ a qualifying party and the employment of the qualifying party is terminated without fault of the licensee, a member of that trade who is experienced in the classification for which the certificate of qualification was issued and has been employed for five or more years by the licensed contractor shall be issued without examination a temporary certificate of qualification in the classification for which the contractor is licensed. The temporary qualifying party is required to pass the regular examination as set forth in Subsection B of this section within ninety days of issuance of a temporary certificate of qualification.
E. The certificate of qualification is not transferable.
F. A qualifying party whose certificate is revoked by the commission shall not reapply for a certificate for one year.
History: 1953 Comp., § 67-35-18, enacted by Laws 1967, ch. 199, § 18; 1969, ch. 224, § 7; 1971, ch. 214, § 1; 1977, ch. 245, § 178; 1983, ch. 105, § 9; 1985, ch. 70, § 2; 1989, ch. 6, § 16; 1997, ch. 181, § 4.
The 1997 amendment, effective July 1, 1997, substituted the language beginning "offered by" for "which has been approved and certified under rules and regulations adopted by the division and approved by the commission" at the end of the first sentence and added the language beginning "and shall be" at the end of the second sentence in Subsection C; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 47; 58 Am. Jur. 2d Occupations, Trades and Professions § 1 et seq.
53 C.J.S. Licenses § 40.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-1 - Short title.
Section 60-13-1.1 - Purpose of the act.
Section 60-13-2 - General definitions.
Section 60-13-3 - Definition; contractor.
Section 60-13-6 - Construction industries commission created; membership; duties.
Section 60-13-7 - Construction industries division; director; appointment and qualifications.
Section 60-13-8 - Division; employees; equipment and supplies.
Section 60-13-9 - Division; duties.
Section 60-13-10 - Additional division duties; flood or mudslide areas; standards.
Section 60-13-10.2 - Division and commission; standards to accommodate solar collectors.
Section 60-13-10.3 - Equal access to public baby changing facilities.
Section 60-13-11 - Division or commission; powers.
Section 60-13-12 - Contractor's license required.
Section 60-13-13 - Application for contractor's license.
Section 60-13-13.1 - Repealed.
Section 60-13-13.2 - Licensees; identical or similar names.
Section 60-13-14 - Division; license issuance; reports.
Section 60-13-15 - License issuance; commission review.
Section 60-13-16 - Division; qualifying party; examination; certificate.
Section 60-13-18 - Licenses; renewal.
Section 60-13-19 - Division; evidence of possession; penalty.
Section 60-13-21 - Division; disposition of fees.
Section 60-13-21.1 - Repealed.
Section 60-13-23 - Revocation or suspension of license by the commission; causes.
Section 60-13-23.1 - Administrative penalty.
Section 60-13-25 - Qualifying party; termination of relationship.
Section 60-13-26 - Division; trade bureaus; liability of commission members.
Section 60-13-28 - Suspension period.
Section 60-13-29 - Application following revoked license or certificate.
Section 60-13-30 - Suit by contractor for compensation; pleading and proof of license.
Section 60-13-31 - Trade bureaus created.
Section 60-13-32 - Trade bureaus; definitions.
Section 60-13-33 - Trade bureaus; general duties and powers.
Section 60-13-36 - Certificates of competence; suspension and revocation.
Section 60-13-38 - Certificates of competence; examination; journeymen.
Section 60-13-39 - Certificates and examination.
Section 60-13-40.1 - Repealed.
Section 60-13-41 - Inspectors; designated inspection agencies.
Section 60-13-42 - Authority of inspectors; limitation.
Section 60-13-44 - Trade bureaus; standards; conflicts.
Section 60-13-45 - Trade bureaus; permits.
Section 60-13-46 - Trade bureaus; annual permits.
Section 60-13-47 - Trade bureaus; connection to installation.
Section 60-13-48.1 - Financial statements; confidentiality.
Section 60-13-49 - Proof of responsibility.
Section 60-13-51 - Contractor's bond; municipal requirement prohibited.
Section 60-13-52 - Penalty; misdemeanor.
Section 60-13-53 - Commission or division; powers of injunction; mandamus.
Section 60-13-54 - Continuation of license.
Section 60-13-55 - Continuation of construction codes and standards.