A. The division on its own motion or upon the verified complaint in writing of any person shall investigate the actions of any licensee or certificate holder. The director may assign one or more inspectors certified pursuant to Section 60-13-41 NMSA 1978, investigators or other personnel to investigate that licensee or certificate holder or any activity within the jurisdiction of the Construction Industries Licensing Act. The director may authorize an inspector or investigator to enter any code jurisdiction to make investigations. The investigation shall be for the purpose of determining if there has been a code violation or other breach of Section 60-13-23, 60-13-24 or 60-13-36 NMSA 1978 on the part of a licensee or certificate holder constituting probable grounds for revocation or suspension of his license or certificate.
B. The person assigned by the director shall make an immediate investigation, securing all pertinent facts and statements, including a statement from the contractor, if he is available, and names and addresses of witnesses. Within one hundred eighty days of receipt of the complaint by the division, he shall make a full and complete written report to the director.
C. Complaints may be resolved informally at the request of the complainant, the contractor or the commission. For informal resolution of a complaint, all parties must agree to the informal hearing and agree that the decision of the informal hearing officer is final. The procedures for informal hearings and resolution of complaints shall be established by the commission.
D. All revocation and suspension proceedings conducted by the commission and judicial review of the commission's decision shall be governed by the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. Prior to any revocation action by the commission, notice of the pending action shall be given to the bonding company which has in effect for the licensee any bond issued pursuant to the proof of responsibility provisions of the Construction Industries Licensing Act.
History: 1953 Comp., § 67-35-30, enacted by Laws 1967, ch. 199, § 30; 1977, ch. 245, § 189; 1977, ch. 377, § 4; 1978, ch. 73, § 2; 1989, ch. 6, § 26.
Obtaining statement from licensee. — This section does not require the investigator to obtain a statement from the licensee before proceeding with the revocation hearing; the statute is properly read as requiring only that the inspector make a reasonable effort to gather all pertinent information during the investigation. Oden v. State, Regulation & Licensing Dep't, 1996-NMSC-022, 121 N.M. 670, 916 P.2d 1337.
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.