2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-24 - Certificates of qualification; statewide inspector's certificates; causes for revocation or suspension.

Universal Citation: NM Stat § 60-13-24 (2020)

Any certificate of qualification or statewide inspector's certificate shall be revoked or suspended by the commission for the following causes:

A. misrepresentation of a material fact by the individual in obtaining the certificate;

B. violation, willfully or by reason of incompetence, of any provision of the Construction Industries Licensing Act or any code, minimum standard, rule or regulation adopted pursuant to that act; or

C. aiding, abetting, combining or conspiring with a person to evade or violate the provisions of the Construction Industries Licensing Act or any code, minimum standard, rule or regulation adopted pursuant to that act.

History: 1953 Comp., § 67-35-27, enacted by Laws 1967, ch. 199, § 27; 1977, ch. 245, § 186; 1989, ch. 6, § 23; 2013, ch. 142, § 3; 2013, ch. 153, § 3.

ANNOTATIONS

The 2013 amendment, effective June 14, 2013, provided qualifications for statewide inspector's certificates; in the title, after "qualification", added "statewide inspector's certificates"; and in the introductory sentence, after "qualification", added "or stateside inspector's certificate".

Laws 2013, ch. 142, § 3, and Laws 2013, ch. 153, § 3, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 153, § 3. See 12-1-8 NMSA 1978.

Notice of contemplated action sufficient. — The notice of contemplated action in this case was sufficient to provide the licensee with notice, even though it did not state that the qualifying party certificate was in jeopardy; the licensee knew the general nature of the proceedings against him and that is all that notice pleading requires. Further, the licensee waived the lack of notice issue by appearing at the administrative hearing and defending on the merits. Oden v. State, Regulation & Licensing Dep't, 1996-NMSC-022, 121 N.M. 670, 916 P.2d 1337.

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