New Mexico Register / Volume XXXIV, Issue 17 / September 12,
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, October 16, 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=mc253da2b0dbb5ba27a3e44f361b68196
Join by meeting number
Meeting number (access code):2495 847 9640
Meeting password: Tu7KNtnrB54 (88756867 from video
systems)
Join by phone
+1-415-655-0002 United States Toll
Global call-in numbers
Join from a video system or application
Dial 24958479640@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 September 12, 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 September 12, 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
October 16, 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 17 Submittal date: August 31,
2023, Publication date: September 12, 2023