New Mexico Register / Volume XXXIV, Issue 14 / July 31, 2023
NOTICE OF PUBLIC RULE HEARING AND BOARD MEETING
The Regulation and Licensing
Department (Department) in consultation with the New Mexico Home Inspectors
Board (Board), and pursuant to Board authority at Section 61-24D-3(F) NMSA
1978, will hold a rule hearing on Monday, September 11, 2023, at 9:00 a.m., to
include a Special meeting of the Board to discuss and consider adoption of the
proposed rules listed below. The rule hearing and subsequent Board meeting will
be held at the Regulation and Licensing Department, 5500 San Antonio Drive NE,
Albuquerque, NM 87109.
The hearing and subsequent
board meeting may also be accessed via Cisco Webex Meetings by using the
following link: https://nmrld.webex.com/nmrld/j.php?MTID=m45ea6c4adee4b6445c0b7de9f724396f
Join by meeting number
Meeting number (access code):
2488 161 7481
Meeting password: WjMkdGWk779
(95653495 from video systems)
Join from a video system
or application
Dial 24881617481@nmrld.webex.com
You can also dial
173.243.2.68 and enter your meeting number.
The purpose of the rule
hearing is to receive public comments related to proposed amendments of the
following rules that address changes to Board rules:
1. Title
16 Chapter 66 Part 1- General Provisions
a. 16.66.1.7
Definitions
2. Title
16 Chapter 66 Part 2 – Fees
a. 16.66.2.8
Fees
3. Title
16 Chapter 66 Part 3 – Applications and Licenses
a. 16.66.3.8
Application for Licensure by Training and Examination
b. 16.66.3.9
Application for Licensure by Experience and Examination
c. 16.66.3.10
Application for Licensure by Credentials
d. 16.66.3.11
Examinations
e. 16.66.3.12
Expedited Licensure for Military Service Members Spouses, Children and Veterans
f. 16.66.3.13
Initial License Length (Rules in Effect Until December 31, 2021
g. 16.66.3.14
Licensure Procedure
h. 16.66.3.15
Criminal Convictions
4. Title
16 Chapter 66 Part 4 – License Renewals and Reactivation
a. 16.66.4.8
License Renewal
b. 16.66.4.10
Reactivation of Expired or Inactive Licenses
5. Title
16 Chapter 66 Part 5 – Continuing Education
a. 16.66.5.8
Continuing Education
b. 16.66.5.10
Continuing Education Audits
6. Title
16 Chapter 66 Part 8 – Disciplinary Proceedings
a. 16.66.8.8
Grounds for Disciplinary Action
b. 16.66.8.9
Complaints and Responses
c. 16.66.8.10
Review of Complaint
On July 31, 2023 copies of the proposed rules may be obtained by going
to the Boards and Commissions Division, Home Inspectors Board website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-
commissions/home-inspectors/board-information/, or by contacting the Board
Administrator for the Board, Roxanne Romo, at (505) 222-9820.
The Department and the Board
will begin accepting public comments on the proposed rules beginning July 31,
2023. Please submit written comments on the proposed changes to Roxanne Romo,
Board Administrator, via electronic mail at: home.inspectors@rld.nm.gov , or by
regular mail at 5500 San Antonio Drive NE, Albuquerque, NM 87109 no later than
September 11, 2023 8:00 a.m.
Written comments received
during the public comment period will be posted to the Board’s website page
linked above. Any person in attendance will be given the opportunity to present
their comments at the rule hearing.
An individual with a
disability who is in need of a reader, amplifier,
qualified sign language interpreter, or other form of auxiliary aid or service
to attend or participate in the hearing or the special board meeting, please
contact Ms. Roxanne Romo, Board Administrator (505) 222-9820 at least 7 days
prior to the rule hearing and special board meeting. Public documents,
including the proposed rules, meeting agenda and minutes, can be provided in
various accessible formats.
Purpose of Proposed Rules:
The above proposed rules by
the Board at 16.66.1 through 16.66.5 NMAC govern the application requirements
and process for licensure and licensure renewal and establish the requirements
for reactivation of licensure for individual applicants and licensees. The
proposed rules intend to create consistency between the Board’s rules and
recent legislative amendments to the Home Inspector Licensing Act, improve
Board efficiency, and improve the functioning of the profession for the benefit
of the public.
The above proposed rules by
the Board at 16.66.8 NMAC govern disciplinary proceedings against licensees.
Summary of Proposed
Changes:
The proposed amendments to
the rules previously promulgated by the Board at 16.66.1 through 16.66.5 and at
16.66.8 NMAC would (1) amend the requirements for board examination and
licensure to comport with recent legislative amendments, (2) define and
incorporate “ancillary services” “pre-inspection agreements” and “business
relationship,”
(3) repeal state of emergency
provisions, (4) amend the continuing education provisions to require minimum
Board meeting attendance, (5) mandate exclusive three-year license periods, (6)
amend the grounds for discipline to include failure to comply with continuing
education requirements or the Board’s code of ethics, and (7) require
satisfactory evidence of E&O insurance as a condition of renewal.
Volume XXXIV, Issue 14
Submittal date: July 20, 2023, Publication date: July 31, 2023