New Mexico
Register / Volume XXXV, Issue 3 / February 13, 2024
NOTICE OF PUBLIC
RULE HEARING AND BOARD MEETING
The
Regulation and Licensing Department (Department) in consultation with the New
Mexico Home Inspector Board (Board) will hold a rule hearing on April 2,2024 at
1:00 pm pursuant to 61-24D-3(F) NMSA 1978, immediately followed by a Regular
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=m09e13c7f4ba3e25191767eae970de58a
Meeting
Number: 2662 333 5653
Meeting
Password: Z9imM23yWX3
Join
by Phone: 1 (844)621-3956
The
purpose of the rule hearing is to receive public comments related to proposed
amendments, repeal, and/or replacement of the following rules that address
changes to
16.66.1 NMAC – General Provisions
16.66.2 NMAC -
Fees
16.66.3 NMAC –
Applications and Licenses
16.66.4 NMAC –
License Renewals and Reactivations
16.66.5 NMAC –
Continuing Education
16.66.8 NMAC –
Disciplinary Proceedings
On
February 13, 2024 copies of the proposed rules may be
obtained by going to the Boards and Commissions Division, Home Inspector Board
website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/home-inspectors/statutes-rules-and-rule-hearings/
or by contacting the Board Administrator for the Board at (505) 222-9826.
The Department and the Board will begin
accepting public comments on the proposed rules beginning February 13,
2024. 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 April 2,2024 by 9:00 am.
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 board meeting, please
contact Roxanne Romo, Board Administrator (505) 222-9826 at least 7 days prior
to the rule hearing and board meeting. Public documents, including the proposed
rules, meeting agenda and minutes, can be provided in various accessible formats.
Statutory
Authority: 61-24D-3(F) NMSA 1978
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.
Proposed Rule Changes are shown below,
with information to be removed with a strikethrough and bracketed [removed]
and information to be added is underlined added.
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 1 GENERAL PROVISIONS
16.66.1.1 ISSUING AGENCY: New Mexico
home inspectors’ board.
[16.66.1.1
NMAC – N, 1/15/2021]
16.66.1.2 SCOPE: All licensed home inspectors,
license applicants, other agencies, professional associations, and any member
of the general public affected by or interested in
home inspectors.
[16.66.1.2
NMAC – N, 1/15/2021]
16.66.1.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.1.3 NMAC – N, 1/15/2021]
16.66.1.4 DURATION: Permanent.
[16.66.1.4 NMAC – N, 1/15/2021]
16.66.1.5 EFFECTIVE DATE: January 15, 2021,
unless a later date is cited at the end of a section.
[16.66.1.5
NMAC – N, 1/15/2021]
16.66.1.6 OBJECTIVE: The objective of
Part 1 of Chapter 66 is to set forth the provisions which apply to all of
Chapter 66 of Title 16 and to define the terms and terminology related to home
inspectors used through Chapter 66 of Title 16.
[16.66.1.6
NMAC – N, 1/15/2021]
16.66.1.7 DEFINITIONS: These rules adopt, as if stated herein, all of the definitions contained in Section 61-24D-2 NMSA 1978.
A. Definitions beginning with the letter “A”:
(1) “Access panel” means a panel provided
for homeowner inspection and maintenance that has removable or operable
fasteners or latch devices in order to be lifted off,
swung open, or otherwise removed by one person.
Its edges and fasteners are not painted in place. Access panels are limited to those panels
within normal reach at human height or from a stepladder, and those which are
not blocked by stored items, furniture, or building components.
(2) “Adverse condition” means a condition
which is producing, or which has the potential to produce, a detrimental effect
on a system or component that either impairs the system or component’s normally
intended function or operation or which is inconsistent with generally established
practice(s) regarding the historically or conventionally applied and
acknowledged methods of installation, assembly, and operation or use.
(3) “Alarm” means a warning device that is
either permanently installed or freestanding, including but not limited to
smoke detectors and alarms, carbon-monoxide detectors, flue gas and other
spillage detectors, security equipment, ejector pumps, and smoke alarms.
(4) “Ancillary services” means a service
or inspection provided by a licensee or other provider but beyond the scope of
the Standards of Practice for Home Inspection provided in 16.66.7 NMAC
including but not limited to Mold Inspection, Lead Paint Assessment, Commercial
Building Inspection, Pool and Spa Inspection, Termite Inspection, and other
Ancillary Services.
[(4)]
(5) “Appliance” means a permanently installed household device powered
by electricity or gas, but not including central heating, central cooling, or
plumbing components.
(6) “Approved examination” means an examination
that has been third-party accredited as complying with the prevailing standards
of the Standards for Educational and Psychological Testing as published
in 2014 by the American Educational Research Association et. Al. and otherwise
is approved by the board.
[(5)] (7) “Architectural
service” means any practice involving the art and science of building
design for construction of any structure or grouping of structures, and the use
of space within and surrounding the structures or the design, design
development, preparation of construction contract documents, and administration
of the construction contract.
[(6)]
(8) “Automatic safety controls” means devices designed and installed to
protect systems and components.
B. Definitions beginning with the letter “B”:
(1) “Board” means the New
Mexico Home Inspectors Board.
(2) “Business
relationship” means a former, current or
prospective relationship between a person or a person’s licensed agent, a home
inspection company and its clients, a home inspection company and the company
providing ancillary services, and between a client and a company providing
ancillary services. The business relationship is based upon a financial
contract between a person and a consumer which is in force including those
relationships in which the individual benefits by receiving a salary, royalty,
intellectual property rights, consulting fee, honoraria, ownership interest
(e.g., stocks, stock options or other ownership interest, excluding diversified
mutual funds), or other financial benefit. A former relationship if it occurred
within a twelve-month time period of the contract, a
current or prospective relationship shall be disclosed in writing to the client
and the client must acknowledge in writing receipt and acceptance of the
disclosure. The receipt and acceptance of the disclosure may be by electronic
signature.
C. Definitions beginning with the letter “C”:
(1) “Component” means a constituent element
or part of a system.
(2) “Concealed, latent, or intermittent
condition” means any condition affecting any system or component which
occurs after the inspection or is intermittent or otherwise not reasonably
detectable by a competent and professional home inspector for any reason during
the inspection.
(3) “Condition” means the visible and
conspicuous state of being of an object regarding its appearance, quality, or
working order.
(4) “Cooling
and air conditioning” means:
(a) designed to be permanently installed
for central cooling and or heating (ducted) or modular (non-ducted)
systems. Systems may include evaporator
coil(s), condenser unit(s), heat pump(s), air handler(s) and furnace(s) or
(b) permanently installed evaporative
cooling ducted systems. This definition does not include cooling units or
appliances that are designed and intended to be portable, non-permanent and are
designed for installation at windows.
(5) “Cosmetic imperfection” means an
irregularity or imperfection which does not affect a component’s normally
intended function or operation, and which could but is not required to be
repaired.
(6) “Crawlspace” or “underfloor crawlspace” means the area within the confines of the foundation
and between the ground and the underside of the lowest floor's structural
components.
D. Definitions beginning with the letter “D”:
(1) “Describe” means to document in
writing.
(2) “Dismantle” means the act of taking apart
or removing any component, device, or piece of equipment that is bolted,
screwed, or fastened by other means and which would not otherwise be taken
apart or removed by a homeowner in the course of
normal household maintenance.
E. Definitions beginning with the letter “E”:
(1) “Electronic signature” means an
electronic sound, signal, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record.
[(1)]
(2) “Engineering” means the application of scientific knowledge for the
design, control, or use of building structures, equipment, or apparatus.
[(2)] (3) “Engineering
service” means any professional service or creative work requiring
engineering education, training and experience, and the application of special
knowledge of the mathematical, physical and engineering sciences to such
professional service or creative work as consultation, investigation,
evaluation, planning, design and supervision of construction for the purpose of
assuring compliance with the specifications and design, in conjunction with
structures, buildings, machines, equipment, works or processes.
F. Definitions beginning with the letter “F:
(1) “Foundation” means the base upon which
a structure or wall rests, typically constituted by masonry, concrete, or
stone, and typically located at least partially underground.
(2) “Fuel burning appliance” means any
natural gas, LP gas, wood, coal, or other similar organic fuel burning device
or appliance, including but not limited to fireplaces, whether masonry or
factory built; fireplace inserts and stoves, woodstoves (room heaters), central
furnaces, and combinations of said devices or appliances.
(3) “Function” means the action
for which an item, component, or system is specially fitted or used, or for
which an item, component, or system exists.
(4) “Functional” means the ability of an
item, component, or system to perform its function.
(5) “Functional drainage” means the act or ability
of a drain to empty in a reasonable amount of time without overflowing when
another fixture is drained simultaneously.
(6) “Functional flow” means a reasonable
flow at the highest fixture in a dwelling when another fixture is operated
simultaneously.
(7) “Further evaluation” means examination
and analysis by a qualified professional, tradesman, or service technician
beyond that provided by a home inspection.
Further evaluation may provide additional clarification, provide needed
repairs, or discover additional adverse conditions that need modifications or
repairs for the component or system to perform its normally intended function
or operation provided by an appropriately licensed or qualified individual.
G. Definitions beginning with the letter “G”: “Generally
established practice” means a practice of or pertaining to one or more of
the following: the historically or
conventionally applied and acknowledged methods of installation, assembly, and
operation or use of residential systems and their related materials and
components. Generally established
practices may vary based on whether they were applicable at the time of
construction or whether modifications to the property were made after the
original construction.
H. Definitions beginning with the letter “H”:
(1) “Home inspection”, as defined by
Subsection [E] (F) of Section 61-24D-2 NMSA 1978, means a noninvasive, nondestructive examination by a
person of the interior and exterior components of a residential real property,
including the property's structural components, [heating,] foundation
and roof, for the purposes of providing a professional written opinion
regarding the site aspects and condition of the property and its attached or
detached carports, garages and reasonably accessible installed components. “Home inspection” includes the examination of
the property's heating, cooling, plumbing and electrical systems, including the
operational condition of the systems' controls that are normally operated by a
property owner.
(2) “Home inspector”, as defined by
Subsection [F] (G) of Section 61-24D-2 NMSA 1978, means a person who performs home inspections for
compensation.
I. Definitions beginning with the letter “I”:
(1) “Identify” means to describe a specific
system or component by its type and to distinguish it by characteristics such
as general or specific materials, energy sources, etc., which differentiate
that system of components from other similar systems and components.
(2) “Inspected Property” means the readily
accessible areas of the buildings, site, items, components
and systems included in the Home Inspection.
[(3) “Inter-NACHI
examination” means the examination offered, conducted, and proctored by the
international association of certified home inspectors (Inter-NACHI).]
J. Definitions beginning with the letter “J”: [RESERVED]
K. Definitions beginning with the letter “K”: [RESERVED]
L. Definitions beginning with the letter “L”:
(1) “Licensure by credentials” means the process
by which an individual applicant applies for a license as a home inspector in
New Mexico on the basis of the applicant’s
pre-existing license in another jurisdiction.
(2) “Licensure by training and examination”
means the process by which an individual applicant applies for a license in New
Mexico as a home inspector on the basis of the
applicant’s education, training, and passage of [the national home inspector
examination (NHIE) or the proctored Inter-NACHI examination.] a board
approved examination.
(3) “Licensure by experience and examination”
means the process by which an individual applicant applies for a license in New
Mexico as a home inspector on the basis of the applicant’s previous work in New
Mexico as a home inspector in each of the 24 months immediately preceding
January 1, 2020, the applicant’s performance of at least 100 home inspections
for compensation in the 24 months immediately preceding January 1, 2020, and
the applicant’s passage of a [national home inspector examination, whether
the NHIE or the proctored Inter-NACHI examination] a board approved
examination.
M. Definitions beginning with the letter “M”: [RESERVED]
N. Definitions beginning with the letter “N”:
[(1) “National home inspector
examination” or “NHIE” means the examination offered, conducted, and
proctored by the examination board of professional home inspectors (EBPHI); or
the examination offered, conducted and proctored by
the international association of certified home inspectors (Inter-NACHI.]
[(2)] (1) “Normal
operating controls” means thermostats, switches, valves, and other devices
intended by design and manufacture to be used by homeowners or occupants in the
normal and regular day-to-day operation of systems or components.
[(3)] (2) “Normally
intended function or operation” means the customary or conventional purpose
or use for which a system or component is installed and for which it is
designed or intended by its manufacturer.
O. Definitions beginning with the letter “O”:
(1) “On-site water supply quality” means
water quality based on the bacterial, chemical, mineral, and solids content of
the water.
(2) “On-site water supply quantity” means
the rate of flow of water.
P. Definitions beginning with the letter “P”:
(1) “Permanently installed” means an item,
system, or component designed or intended to remain where originally placed,
not easily moved, and which is attached, connected, or set in place for use so as to render moving or removing the item, system, or
component impossible without the use of tools or equipment.
(2) “Pre-inspection agreement” means a signed
agreement between the home inspector and their client executed prior to the
commencement of the inspection detailing the services that the home inspector
will provide.
[(2)] (3) “Proctored
examination” means a test taken under the supervision of testing
staff. The proctor’s function is to
ensure procedural integrity and security of the examination in a secure
environment. Examination passage must be
in writing and written by the organization or entity that administered the
examination.
[(3)] (4) “Professional liability
insurance” means errors and omissions insurance.
Q. Definitions beginning with the letter “Q”: “Qualified” means having the training,
skills, knowledge, expertise, competence and any special tools or equipment
necessary to address adverse conditions and routine maintenance conditions and,
where applicable, holding all required licenses and meeting all applicable
industry standards and all governmental and statutory requirements.
R. Definitions beginning with the letter “R”:
(1) “Reactivation” means the process and
board act of reactivating an inactive or expired license, thereby permitting
the licensee to engage in the practice of home inspection.
(2) “Readily accessible” means visually
observable and able to be examined without requiring destructive measures;
without risk to the inspector or others; without risk of damage to any item of
personal or real property; without requiring the inspector to move, remove,
damage, or disturb any wall, floor, ceiling, or window coverings; or any
interior or exterior claddings or finish treatments; to move, remove, damage,
disturb, climb upon, climb over, or straddle any item of personal property; to
move, remove, damage, or disturb any landscape elements; or to interrupt the
business of occupants, and not requiring disassembly or the use of any special
protective clothing or special tools or equipment.
(3) “Readily openable access panel” means a
panel located within normal reach or from a four-foot stepladder, and which is
not blocked by stored items, furniture, or building components, provided for
homeowner inspection and maintenance that has removable or operable fasteners
or latch devices in order to be lifted off, swung open, or otherwise removed by
one person, and its edges and fasteners are not painted in place, but not
including electrical panel board enclosure dead front covers.
(4) “Residential recreational facilities”
means residential spas, saunas, steam baths, swimming pools, exercise,
entertainment, athletic, playground and other similar equipment, and associated
accessories that are installed at the inspected property.
(5) “Reinstatement” means the process and
board act of reinstating a suspended or revoked license, thereby permitting the
licensee to engage in the practice of home inspection either with or without
future conditions.
(6) “Representative number” means all readily
accessible identical components such as windows, electric switches and electric
receptacles that serve as a typical or characteristic example of the items or
components inspected. When one or a number of components or systems has identified “adverse
conditions,” the report should indicate further evaluation of all identical
components by qualified personnel.
(7) “Roof drainage systems” means gutters,
downspouts, leaders, splash blocks, and similar components used to carry water
off a roof and away from a building.
(8) “Routine maintenance” means typical,
regular, ongoing, and expected maintenance that is part of an ongoing and
prudent overall property and building systems upkeep program.
S. Definitions beginning with the letter “S”:
(1) “Safety glazing” means tempered glass,
laminated glass, or rigid plastic.
(2) “Shut down” means a piece of equipment
whose safety switch or circuit breaker is in the “off” position, or its fuse is
missing or blown, or a system that cannot be operated by the device or control
that a homeowner should normally use to operate it.
(3) “Structural component” means a
component that supports non-variable forces or weights (dead loads) and
variable forces or weights (live loads).
For purposes of this definition, a dead load is the fixed weight of a
structure or piece of equipment, such as a roof structure on bearing walls, and
a live load is a moving variable weight added to the dead load or intrinsic
weight of a structure.
(4) “System” means a permanently-installed
group of interacting, interrelated, or interdependent components historically
and conventionally designed and intended to perform one or more specific
functions.
T. Definitions beginning with the letter “T”: “Technically
exhaustive” means a comprehensive and detailed examination beyond the scope
of a real estate home inspection that would involve or include, but would not
be limited to: dismantling, specialized
knowledge or training, special equipment, measurements, calculations, testing,
research, analysis, or other means.
U. Definitions beginning with the letter “U”: [RESERVED]
V. Definitions beginning with the letter “V”: [RESERVED]
W. Definitions beginning with the letter “W”:
(1) “Wall cladding” means a protective or insulating
layer fixed to the outside of a building such as aluminum, brick, EIFS, stone,
stucco, vinyl, or wood.
(2) “Wiring method” means the
identification of electrical conductors or wires by their general type, such as
nonmetallic sheathed cable, armored cable, and knob and tube.
[16.66.1.7
NMAC – N, 1/15/2021; A, 1/14/2022; A, 04/23/2024]
16.66.1.8 OFFICES: The office of the
New Mexico home inspectors board will be located in
Albuquerque, New Mexico.
[16.66.1.8
NMAC – N, 1/15/2021]
16.66.1.9 TELEPHONIC MEETING ATTENDANCE:
A board member may participate in a board meeting by means of a
conference telephone or similar communications equipment only when it is
difficult or impossible for the board member to physically attend the meeting. [A board member attending by means of
conference telephone or similar communications equipment must attest in open
session during the meeting that his or her in-person attendance was difficult
or impossible.]
[16.66.1.9
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.1.10 ADVISORY COMMITTEES: To
assist and advise the board in its functions and mission, the board may, at its
discretion, utilize advisory committees consisting of board members,
volunteers, or both. Any committee
serving the board shall have a purely advisory role and shall not have any
policymaking authority of any kind. The
board has absolute discretion with respect to the number of individuals who may
serve on a committee, provided that in no case shall a quorum of the members of
the board serve on a committee. The
committees the board may create and utilize include, but are not necessarily
limited to, the following:
A. Rules
Committee: The board may utilize a rules
committee to study the board’s rules and provide nonbinding recommendations as
to future changes and improvements.
B. Complaint
Committee: The board may utilize a
complaint committee to review disciplinary complaints against licensees and
unlicensed practitioners and provide recommendations as to the final
disposition of those complaints.
C. Application
Committee: The board may utilize an
application committee to review applications for licensure and provide
recommendations as to whether the board should grant or deny those
applications;
D. Continuing Education
Committee: The board may utilize a
continuing education committee for the purpose of providing nonbinding
recommendations as to whether to accept a proposed continuing education course
towards licensees’ continuing education requirements.
[16.66.1.10
NMAC – N, 1/15/2021]
16.66.1.11 LISTS AND STATEMENTS:
A. The board staff
shall maintain a list of the names and addresses of all licensees.
B. The board staff
shall maintain a list of all persons whose licenses have been suspended or
revoked in that particular calendar year.
C. The board staff
shall maintain a statement of all funds received and a statement of all
disbursements.
[16.66.1.11
NMAC – N, 1/15/2021]
16.66.1.12 SIGNATURES: A record, contract, or other document
requiring a signature from an authorized person on behalf of the board may be
signed by the Chair, Vice-Chair, or Board Administrator.
[16.66.1.12
NMAC – N, 1/15/2021]
16.66.1.13 RULE IMPLEMENTATION PERIOD:
A. [Within six months of the effective
date of these rules any] Any individual engaged in the practice of
home inspection in New Mexico shall be required to obtain a license issued by
the board as a condition of engaging in the future practice of home inspection
in New Mexico.
(1) [On the date falling six months
after the effective date of these rules or on the date declared by the Board in
the event of a state of emergency as provided in subsection (2) of this rule,
whichever is later] Effective January 15, 2021, any individual
engaged in the unlicensed practice of home inspection in New Mexico shall be
subject to disciplinary action by the board.
The board may also, as it deems appropriate, request the attorney
general or district attorney of the judicial district in which the person
resides or in which the violation is occurring or has occurred to maintain an
action in the name of the state to prosecute the unlicensed practitioner or to
enjoin the act or practice.
[(2) Extension of Implementation Period due
to State of Emergency: In the event that
the Governor declares a state of emergency due to the spread of an infectious
disease that extends beyond the six months provided for in this rule, the Board
may vote at an open meeting to extend the rule implementation period beyond
those initial six months if, in the opinion of the Board, the state of
emergency hinders prospective applicants from completing the necessary
prerequisites to licensure. Any
extension of the rule implementation period shall last no longer than 30 days
after the expiration of the state of emergency declared by the Governor.]
B. Nothing in this rule permits any
person engaged in the practice of home inspection, whether licensed or
unlicensed, to violate the code of ethics or standards of conduct as adopted by
the board, nor does it permit such a person to violate the Home Inspector
Licensing Act. Any action in violation
of these rules or the Home Inspector Licensing Act may be considered by the
board as part of an individual’s application for licensure.
[16.66.1.13
NMAC – N, 1/15/2021; A, 04/23/2024]
HISTORY OF 16.66.1
NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 2 FEES
16.66.2.1 ISSUING AGENCY: New Mexico
home inspectors board.
[16.66.2.1
NMAC – N, 1/15/2021]
16.66.2.2 SCOPE: All licensed home
inspectors, license applicants, other agencies, professional associations, and
any member of the general public affected by or
interested in home inspectors.
[16.66.2.2
NMAC – N, 1/15/2021]
16.66.2.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.2.3 NMAC – N, 1/15/2021]
16.66.2.4 DURATION: Permanent
[16.66.2.4 NMAC – N, 1/15/2021]
16.66.2.5 EFFECTIVE DATE: January 15,
2021, unless a later date is cited at the end of a section.
[16.66.2.5
NMAC – N, 1/15/2021]
16.66.2.6 OBJECTIVE: The objective of
Part 2 of Chapter 66 is to establish fees to generate revenues necessary for
the home inspector licensing board to carry out its administrative functions.
[16.66.2.6
NMAC – N, 1/15/2021]
16.66.2.7 DEFINITIONS: Refer to
Definitions, 16.66.1.7 NMAC.
[16.66.2.7
NMAC – N, 1/15/2021]
16.66.2.8 FEES: The board shall
establish, charge and collect:
A. For
each initial application for a home inspector license, a fee of $250;
B. For
an initial three-year license, a fee of $1,000. [ If a new licensee receives
an initial one- or a two-year license pursuant to Part 3 of these rules, this
fee shall be prorated as follows:
(1) For
an initial one-year license, a fee of $333;
(2) For
an initial two-year license, a fee of $666;]
C. For
renewal of a three-year license, a fee of $1,000;
D. For
reactivation of an inactive license, a fee of $50;
E. For reactivation of an expired
license, a fee of $100;
F. For
reinstatement of a suspended or revoked license, a fee of $200;
G. For
each duplicate license issued because a license is lost or destroyed, a fee of
$50, provided that the licensee shall submit an affidavit attesting to the loss
or destruction of the license before the board issues a duplicate license.
H. Administrative Fee for Licensee
List, a fee of $100
[16.66.2.8
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.2.9 FEES NON-REFUNDABLE: Fees
paid to the board pursuant to 16.66.2.8 NMAC of the board rules are
non-refundable. Requests for refunds or
exceptions to this rule shall not be considered by the board.
[16.66.2.9
NMAC – N, 1/15/2021]
HISTORY OF 16.66.2
NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 3 APPLICATIONS AND LICENSES
16.66.3.1 ISSUING AGENCY: New Mexico
home inspectors board.
[16.66.3.1
NMAC – N, 1/15/2021]
16.66.3.2 SCOPE: All licensed home inspectors,
license applicants, other agencies, professional associations, and any member
of the general public affected by or interested in
home inspectors.
[16.66.3.2
NMAC – N, 1/15/2021]
16.66.3.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.3.3 NMAC – N, 1/15/2021]
16.66.3.4 DURATION: Permanent.
[16.66.3.4 NMAC – N, 1/15/2021]
16.66.3.5 EFFECTIVE DATE: January 15,
2021, unless a later date is cited at the end of a section.
[16.66.3.5
NMAC – N, 1/15/2021]
16.66.3.6 OBJECTIVE: The objective of
Part 3 of Chapter 66 is to set forth provisions governing applications for
licensure as a home inspector and examinations.
[16.66.3.6
NMAC – N, 1/15/2021]
16.66.3.7 DEFINITIONS: Refer to
Definitions, 16.66.1.7 NMAC.
[16.66.3.7
NMAC – N, 1/15/2021]
16.66.3.8 APPLICATION FOR LICENSURE BY TRAINING AND EXAMINATION:
A. The board shall
issue a license to an applicant for licensure by training and examination if
the applicant fulfills the following requirements and provides the following
information and evidence:
(1) Completion
of the board-issued application form;
(2) Payment
of the non-refundable application fee in full as provided in Part 2;
(3) Provision
to the board of the applicant’s fingerprints and all information necessary for
the board to complete a state and national criminal background check;
(4) Provision
to the board of sufficient documentation to establish that the applicant is at
least 18 years of age;
(5) Completion
of at least 80 hours of classroom training:
(a) The
cumulative total of 80 hours of classroom training must include all of the following subjects:
(i) Site characteristics and exterior;
(ii) Structural
components;
(iii) Roofing;
(iv) Plumbing;
(v) Electrical;
(vi) Heating,
cooling, and air conditioning;
(vii) Interiors,
appliances, and garages;
(viii) Insulation
and ventilation;
(ix) Fireplaces
and fuel burning appliances;
(x) New
Mexico standards of practice and code of ethics;
(xi) Business
practices, including New Mexico rules and regulations, pre-inspection
agreements, and report writing.
(b) All
80 hours of classroom training must be obtained through an educational course
that satisfies one of the following criteria:
(i) The course is approved or accepted
by another governmental state home inspector licensing authority;
(ii) The
course is approved by the United States Department of Education or the New
Mexico Department of Education; or
(iii) The
course is designated as pre-licensing education and is certified or approved by
any society, institute, council, or association of home inspectors;
(c) All
80 hours of classroom training may be completed online;
(6) Passage
of [the national home inspector examination (NHIE); or the proctored home
inspector examination of the international association of certified home
inspectors (Inter-NACHI):] a board approved examination.
(7) Completion
of a total of at least 80 hours of field training spent conducting a minimum of
30 parallel home inspections, evidenced by documents including, but not
necessarily limited to, a completed board-issued inspection log, pre-inspection
agreements, notarized affidavits, and other similarly-reliable evidence;
(8) Satisfactory
evidence that the applicant has errors and omissions insurance coverage meeting
the minimum terms and conditions required by 16.66.[8]9.9 NMAC;
and
(9) Satisfactory
evidence that the applicant has professional liability insurance coverage
meeting the minimum terms and conditions required by 16.66.[8]9.10
NMAC.
B. For the purposes
of this rule, parallel home inspections mean inspections that are either:
(1) Conducted
in New Mexico prior to the effective date of this rule; or
(2) Those
home inspections at which the applicant, for observational, experiential, and
educational purposes, accompanied another home inspector who:
(a) Is
legally engaged in the practice and profession of home inspection in the
jurisdiction in which the home inspection is conducted;
(b) Has
at least two years of experience in the profession of home inspection; and
(c) Has
previously completed at least 100 home inspections for compensation.
[16.66.3.8
NMAC – N, 1/15/2021; A, 1/14/2022; A, 04/23/2024]
16.66.3.9 APPLICATION FOR LICENSURE BY EXPERIENCE AND EXAMINATION:
A. An individual is
eligible for licensure by experience and examination if the individual
satisfies both of the following criteria:
(1) The
applicant worked as a home inspector in each of the 24 months immediately
preceding January 1, 2020; and
(2) The
applicant performed at least 100 home inspections for compensation in the 24 months
immediately preceding January 1, 2020.
B. The board shall
issue a home inspector license to applicant for licensure by experience and
examination if the applicant fulfills the following requirements and provides
the following information and evidence:
(1) Completion
of the board-issued application form;
(2) Payment
of the non-refundable application fee in full as provided in Part 2;
(3) Provision
to the board of the applicant’s fingerprints and all information necessary for
the board to complete a state and national criminal background check;
(4) Provision
to the board of sufficient documentation to establish that the applicant is at
least 18 years of age and a legal resident of the United States;
(5) Passage
of a [national home inspector examination.
For the purposes of this rule, the applicant must either have passed the
national home inspector examination (NHIE), or the proctored home inspector
examination of the international association of certified home inspectors
(Inter-NACHI);] board approved examination, subject to the following
limitations:
(a) Evidence
of the applicant’s examination passage must be in writing and written by the
organization or entity that administered the examination; and
(b) The
examination must have been proctored and the applicant must provide evidence as
to this requirement.
(6) Satisfactory
evidence that the applicant has errors and omissions insurance coverage and
professional liability insurance coverage meeting the minimum terms and
conditions required by 16.66.[8]9 NMAC; and
(7) Provision
to the board of sufficient documentation and evidence to establish the
applicant’s home inspector activities in the 24 months immediately preceding
January 1, 2020. Such documentation may
include, but is not limited to, tax records, notarized affidavits from persons
other than the applicant, pre-inspection agreements, and other similarly
reliable evidence of the applicant’s home inspection activities in the 24
months immediately preceding January 1, 2020.
C. For the purposes
of this rule, the phrase “worked as a home inspector in each of the 24 months
immediately preceding January 1, 2020” means having personally conducted any
business activity directly associated with the profession of home inspection
but is not limited to having conducted an actual home inspection. To qualify for licensure by experience and
examination, an individual does not need to have personally conducted a home
inspection in each of the 24 months immediately preceding January 1, 2020, if
that individual conducted another business activity directly associated with
the profession of home inspection during each of the 24 months.
[16.66.3.9
NMAC – N, 1/15/2021; A, 1/14/2022; A, 04/23/2024]
16.66.3.10 APPLICATION FOR LICENSURE BY CREDENTIALS:
A. An applicant who
holds a license in good standing to practice as a home inspector in another
state may be granted a license by virtue of the applicant’s credentials if the
applicant's resident state license requirements are the same as or similar to the requirements set forth in the Home Inspector
Licensing Act as determined by the board.
B. An applicant
applying for licensure on the basis of the applicant’s
credentials as described in subsection A of this rule shall be required to
provide to the board:
(1) Completion
of the board-issued application form;
(2) Payment
of the non-refundable application fee in full as provided in Part 2;
(3) Provision
to the board of the applicant’s fingerprints and all information necessary for
the board to complete a state and national criminal background check;
(4) Provision
to the board of sufficient documentation to establish that the applicant is at
least 18 years of age[and a legal resident of the United States];
(5) A
certificate, letter, or other documentation from the licensing authority in the
applicant's resident state attesting to the fact that the applicant holds a
license in good standing to practice as a home inspector in that state;
(6) Satisfactory
evidence that the applicant has errors and omissions insurance coverage meeting
the minimum terms and conditions required by 16.66.[8]9.9 NMAC;
and
(7) Satisfactory
evidence that the applicant has professional liability insurance coverage
meeting the minimum terms and conditions required by 16.66.[8]9.10
NMAC.
C. Pursuant to the
Home Inspector Licensing Act, the board may negotiate agreements with other
states or licensing jurisdictions to allow for reciprocity regarding
licensure. A license granted pursuant to
a reciprocity agreement shall be issued upon:
(1) Completion
of the board-issued application form;
(2) Payment
of the non-refundable application fee in full as provided in Part 2;
(3) Provision
to the board of the applicant’s fingerprints and all information necessary for
the board to complete a state and national criminal background check;
(4) Provision
to the board of sufficient documentation to establish that the applicant is at
least 18 years of age [and a legal resident of the United States];
(5) The
applicant’s provision to the board of a certificate, letter, or other
documentation from the licensing authority in the applicant's resident state
attesting to the fact that the applicant holds a license in good standing to
practice as a home inspector in that state.
(6) Satisfactory
evidence that the applicant has errors and omissions insurance coverage meeting
the minimum terms and conditions required by 16.66.[8]9.9 NMAC;
and
(7) Satisfactory
evidence that the applicant has professional liability insurance coverage
meeting the minimum terms and conditions required by 16.66.[8]9.10
NMAC.
[16.66.3.10
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.3.11 EXAMINATIONS:
A. Licensure by
training and examination: All applicants
for licensure by training and examination must [either] pass [the
national home inspector examination (NHIE) or the proctored examination of the
international association of certified home inspectors (Inter-NACHI) following
the date of application for licensure with the board or have previously passed
the national home inspector examination (NHIE) or the proctored Inter-NACHI
examination] a board approved examination prior to the date of the
applicant’s application for licensure.
B. Licensure by
experience and examination: All
applicants for licensure by experience and examination must [either:] pass
a board approved examination, subject to the following limitations:
[(1) Pass the national home inspector examination (NHIE); or
(2) Have
passed prior to the date falling six
months after the effective date of these rules the proctored home inspector examination of
the international association of certified home inspectors (Inter-NACHI)
subject to the following limitations:]
[(a)] (1) Evidence of the applicant’s examination
passage must be in writing and written by the organization or entity that
administered the examination; and
[(b)] (2) The examination must have been proctored and
the applicant must provide evidence as to this requirement.
C. Licensure by
credentials: Applicants for licensure by
[licensure by]credentials are not required to provide the Board with
evidence as to prior examination passage.
However, the Board will consider whether the applicant’s prior licensing
jurisdiction requires the passage of a national examination in determining
whether the prior licensing jurisdiction’s standards are substantially
equivalent to those in New Mexico.
D. It is the
applicant’s responsibility to make all arrangements [with the examination
board of professional home inspectors (EBPHI) to take the NHIE or with
Inter-NACHI to take the proctored Inter-NACHI home inspectors examination] to
take a board approved examination.
E. The applicant
shall send the applicant’s examination score to the board, provided that the
examination score must be in a document originally written by the organization
or entity that administered the examination.
[F. Any
applicant who fails the NHIE may retake the exam at the next available
opportunity.]
[16.66.3.11
NMAC – N, 1/15/2021; A, 1/14/2022; A, 04/23/2024]
16.66.3.12 EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, CHILDREN,
AND VETERANS:
A. Application requirements:
(1) Applications for licensure shall be
completed on a form provided by the Home Inspectors Board.
(2) The applicant shall provide a
complete application that includes the following information:
(a) applicant’s full name;
(b) current mailing address;
(c) current electronic mail address, if
any;
(d) date of birth;
(e) background check, if required; and
(f) proof as described in subsection C
below.
(3) The applicant shall provide the
following satisfactory evidence as follows:
(a) applicant is currently licensed and in
good standing in another jurisdiction, including a branch of the United States
armed forces;
(b) applicant has met the minimal
licensing requirements in that jurisdiction and the minimal licensing
requirements in that jurisdiction are substantially equivalent to the licensing
requirements for New Mexico; and
(c) the following documentation:
(i) for
military service member: a copy of
military orders;
(ii) for spouse of military service
members: copy of military service
member’s military orders, and copy of marriage license;
(iii) for spouses of deceased military
service members: copy of decedent’s DD
214 and copy of marriage license;
(iv) for dependent children of military service
members: a copy of military service member’s orders listing dependent child, or
a copy of military orders and one of the following: a copy of birth certificate, military service
member’s federal tax return or other governmental or judicial
documentation establishing dependency;
(v) for veterans (retired or
separated): a copy of DD 214 showing
proof of honorable discharge.
(4) The license shall be issued by the board as soon as
practicable but no later than thirty days after a qualified military service
member, spouse, dependent child, or veteran files a complete application and
provides a background check if required for a license, and any required fees.
(5) Military service members and veterans
as defined in Subsection E of Section 61-1-34 NMSA 1978 shall not pay
and the board shall not charge a licensing fee for the first three years for a
license issued pursuant to this rule.
(6) A license issued pursuant to this
section shall be valid for the time period that is
specified in the Home Inspectors Licensing Act.
B. Renewal requirements:
(1) A license issued pursuant to this
section shall not be renewed unless the license holder satisfies the
requirements for renewal set forth in 16.66.4.8 NMAC pursuant to 61-24D-8 NMSA
1978.
(2) As a courtesy, the board will send
via electronic mail license renewal notifications to licensees before the
license expiration date to the last known email address on file with the
board. Failure to receive the renewal
notification shall not relieve the licensee of the responsibility of timely
renewal on or before the expiration date.
[16.66.3.12
NMAC – N, 1/15/2021; A, 1/14/2022; A, 04/23/2024]
16.66.3.13 [RESERVED]
[16.66.3.13
NMAC – N, 1/15/2021; Repealed 1/14/2022]
16.66.3.14 LICENSURE PROCEDURE:
A. Upon receipt of
a completed application, including all required documentation and fees, the
Board’s application committee, should the Board choose in its discretion to
utilize such a committee, may provide a non-binding and purely advisory
recommendation as to whether the Board should grant or deny the application.
B. No license may
be issued until the applicant has paid the non-refundable[, but potentially
prorated as provided in these rules,] initial license fee in full.
[16.66.3.14
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.3.15 POTENTIALLY DISQUALIFYING
CRIMINAL CONVICTIONS:
A. Convictions for
any of the following offenses, or their equivalents in any other jurisdiction,
are disqualifying criminal convictions that may disqualify an applicant from
receiving or retaining a license issued by the board. This includes conviction
of an offense which if committed in this state, would be deemed a felony under
either state or federal law, without regard to its designation elsewhere. The term “conviction” shall include a finding
or verdict of guilt, a plea of guilty, or a plea of nolo contender in a
criminal proceeding, regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon or an
appeal of the conviction has been sought.
(1) homicide, voluntary or involuntary
manslaughter;
(2) trafficking in controlled substances,
manufacturing of controlled substances or distribution of controlled
substances;
(3) human trafficking, kidnapping, false
imprisonment, aggravated assault or aggravated
battery;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(5) crimes involving adult abuse, neglect,
or financial exploitation;
(6) crimes involving child abuse or
neglect;
(7) crimes involving robbery, larceny,
extortion, burglary, possession of burglary tools, destruction of property,
criminal damage to property, unlawful or dangerous uses of explosives, breaking
and entering, arson, making a bomb scare, tampering with evidence
or receiving stolen property;
(8) financial crimes involving fraud,
forgery, embezzlement, credit card fraud,
B. The board shall
not consider the fact of a criminal conviction as part of an application for
licensure unless the conviction in question is one of the disqualifying
criminal convictions listed in Subsection A of this rule.
C. The board shall
not deny, suspend or revoke a license on the sole
basis of a criminal conviction unless the conviction in question is one of the
disqualifying criminal convictions listed in Subsection A of this rule.
D. Nothing in this
rule prevents the board from denying an application or disciplining a licensee
on the basis of an individual’s conduct to the extent that such conduct
violated the Home Inspector Licensing Act, regardless of whether the individual
was convicted of a crime for such conduct or whether the crime for which the
individual was convicted is listed as one of the disqualifying criminal
convictions listed in Subsection A of this rule.
E. In connection
with an application for licensure, the board/commission shall not use,
distribute, disseminate, or admit into evidence at an adjudicatory proceeding
criminal records of any of the following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that has been sealed,
dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the disqualifying criminal convictions listed in Subsection A of this rule.
[16.66.3.15
NMAC – N, 1/14/2022; A, 04/23/2024]
HISTORY
OF 16.66.3 NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 4 LICENSE RENEWALS AND REACTIVATIONS
16.66.4.1 ISSUING AGENCY: New Mexico
home inspectors board.
[16.66.4.1
NMAC – N, 1/15/2021]
16.66.4.2 SCOPE: All licensed home
inspectors, license applicants, other agencies, professional associations, and
any member of the general public affected by or
interested in home inspectors.
[16.66.4.2
NMAC – N, 1/15/2021]
16.66.4.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.4.3 NMAC – N, 1/15/2021]
16.66.4.4 DURATION: Permanent.
[16.66.4.4 NMAC – N, 1/15/2021]
16.66.4.5 EFFECTIVE DATE: January 15, 2021,
unless a later date is cited at the end of a section.
[16.66.4.5
NMAC – N, 1/15/2021]
16.66.4.6 OBJECTIVE: The objective of
Part 4 of Chapter 66 is to set forth provisions governing renewals of home
inspector licenses and reactivation of expired and inactive licenses.
[16.66.4.6
NMAC – N, 1/15/2021]
16.66.4.7 DEFINITIONS: Refer to
Definitions, 16.66.1.7 NMAC.
[16.66.4.7
NMAC – N, 1/15/2021]
16.66.4.8 LICENSE RENEWAL:
A. [A] An
initial home inspector license shall be valid [during the dates
specified in the license itself and as provided in these rules] for
three years. Once renewed, all
licenses shall be for a duration of three years.
B. Renewal
Date: A licensee may apply for renewal
of the licensee’s license no later than the date specified as the expiration
date on the applicant’s license.
C. A licensee
seeking the renewal of the license shall provide to the board in accordance
with the deadlines specified in this rule:
(1) A
completed renewal application;
(2) Payment
of the non-refundable renewal fee in full as provided in Part 2;
(3) Proof
of completion of required continuing education as provided in Part 5;
[(4) Provision to the board of all information necessary for the
board to complete a state and national criminal background check; and]
[(5)] (4) Satisfactory evidence that the licensee has
errors and omissions insurance coverage and professional liability insurance
coverage meeting the minimum terms and conditions required by 16.66.[8]9
NMAC.
D. The board office
will send, either through electronic means or through postal mail, a renewal
notice to each licensee no later than 45 days prior to the expiration of the
license at the licensee’s address on record.
Timely renewal of a license is the full and complete responsibility of
the licensee. If the licensee does not
receive a renewal notification from the board, it is the responsibility of the
licensee to contact the board office.
E. The licensee’s
failure to receive the board’s renewal notification will not exempt the
licensee from licensure expiration or late penalty fees.
F. Each licensee is
responsible for submitting the required renewal fee by the expiration date
irrespective of whether a renewal notice is received by the licensee, and
licensees shall not practice on expired licenses under any circumstances.
[16.66.4.8
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.4.9 INACTIVE STATUS:
A. A license in good
standing may, upon written request to the board by the licensee, be placed on
inactive status prior to its expiration.
B. A licensee
possessing an inactive license may not engage in the practice of home
inspection in the State of New Mexico.
C. A license may
remain on inactive status indefinitely.
D. A licensee must renew
an inactive license no later than the expiration date specified on the
license. A licensee seeking to renew an
inactive license must complete all continuing education as would a full
licensee as provided in Part 5 of these rules.
[16.66.4.9
NMAC – N, 1/15/2021]
16.66.4.10 EXPIRED LICENSES:
A. Former licensees
may reactivate an expired license within 90 days of expiration. A licensee who fails to reactivate an expired
license within 90 days of expiration must, to obtain licensure, reapply as a
new applicant for licensure.
B. For the purposes
of this rule, expired licenses include those that have expired after being
placed on inactive status by the former licensee.
[16.66.4.10
NMAC – N, 1/15/2021]
16.66.4.11 REACTIVATION OF EXPIRED OR INACTIVE LICENSES: Former licensees may reactivate an expired or
inactive license within the deadlines provided in these rules. A former licensee seeking the reactivation of
an expired or inactive license shall provide to the board in accordance with
the deadlines specified in these rules:
A. A completed
renewal application;
B. Payment of the
non-refundable renewal fee in full as provided in Part 2;
C. Payment of the
expired license reactivation fee in full as provided in Part 2;
D. Proof of
completion of all required continuing education;
[E. Provision
to the board of all information necessary for the board to complete a state and
national criminal background check.]
(E) Satisfactory evidence that the licensee
has errors and omissions insurance coverage and professional liability
insurance coverage meeting the minimum terms and conditions required by 16.66.9
NMAC.
[16.66.4.11
NMAC – N, 1/15/2021; A, 04/23/2024]
HISTORY
OF 16.66.4 NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 5 CONTINUING EDUCATION
16.66.5.1 ISSUING AGENCY: New Mexico
home inspectors board.
[16.66.5.1
NMAC – N, 1/15/2021]
16.66.5.2 SCOPE: All licensed home inspectors,
license applicants, other agencies, professional associations, and any member
of the general public affected by or interested in
home inspectors.
[16.66.5.2
NMAC – N, 1/15/2021]
16.66.5.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.5.3 NMAC – N, 1/15/2021]
16.66.5.4 DURATION: Permanent.
[16.66.5.4 NMAC – N, 1/15/2021]
16.66.5.5 EFFECTIVE DATE: January 15,
2021, unless a later date is cited at the end of a section.
[16.66.5.5
NMAC – N, 1/15/2021]
16.66.5.6 OBJECTIVE: The objective of
Part 5 of Chapter 66 is to set forth provisions governing continuing education
requirements.
[16.66.5.6
NMAC – N, 1/15/2021]
16.66.5.7 DEFINITIONS: Refer to
Definitions, 16.66.1.7 NMAC.
[16.66.5.7
NMAC – N, 1/15/2021]
16.66.5.8 CONTINUING EDUCATION: As
provided by the Home Inspector Licensing Act, all home inspectors shall be
required to satisfy continuing education requirements in the interest of
ensuring the highest quality professional services.
A. As a condition
of license renewal, a home inspector licensee shall complete at least 60 hours
of board-approved continuing education instruction that is related to the
practice of home inspection during each three-year license period as outlined
in 16.66.4.8 NMAC. This includes
licensees holding initial licenses.
B. At least six
hours of continuing education instruction during each three-year license period
must be in ethics.
C. A licensee may
take continuing education instruction online.
D. Initial licenses
of a duration of less than three years:
Those licensees possessing initial licenses of a duration of one or two
years shall complete a pro-rated amount of continuing education as follows:
(1) For
licensees possessing an initial one year license, 20 hours of board-approved
continuing education instruction that is related to the practice of home
inspection, including at least two hours of ethics;
(2) For
licensees possessing an initial two year license, 40 hours of board-approved
continuing education instruction that is related to the practice of home
inspection, including at least four hours of ethics.
E. Attendance at one New Mexico Home
Inspector Board meeting, rule hearing, or disciplinary hearing for at least
three hours, or until the board meeting goes into closed session, or the
hearing/meeting ends, whichever comes first. Attendance may be by live meeting/hearing
or by live or recorded distance broadcast; but must be documented by signing
into and out of the meeting/hearing. In the event of home inspector hardship,
approved by the board, the Home Inspector Board may authorize an equivalent to
attendance at a board meeting by an online download, attendance at any approved
equivalent, or by other approved participation.
[16.66.5.8
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.5.9 APPROVAL OF CONTINUING EDUCATION HOURS:
A. The Board shall automatically
accept any educational course towards a licensee’s continuing education
requirements if the course satisfies one of the following criteria:
(1) The
course is approved or accepted by another governmental state home inspector
licensing authority;
(2) The
course is approved by the United States Department of Education or the New
Mexico Department of Education; or
(3) The
course is certified or approved by any society, institute, council, or
association of home inspectors.
B. A course that
does not satisfy the criteria set forth in subsection A of this section may
still be accepted by the board through the following process:
(1) A
continuing education course may be submitted to the board for approval, by
either the course instructor or the licensee, along with the following
documentation:
(a) Course
description, objectives, and goals;
(b) Course
syllabus, including the number of educational hours, detailed timeline,
provisions for make-up work, required text, and reading resources,
instructional materials and handouts, requirements for successful completion
and method of evaluation; and
(c) Documentation
as to the course instructor’s qualifications, background, and expertise.
(2) Any
continuing education course submitted to the board for approval shall be
reviewed, along with its supporting documentation, by the board’s continuing
education committee, which will make a non-binding recommendation to the board
as to whether to approve or disapprove the course. The board shall vote on approval of the
course, either as part of its consent agenda or otherwise, at its next
regularly-scheduled meeting. In the event that the continuing education committee
recommends the disapproval of a course, this information shall be conveyed to
the course instructor, who may request in writing the opportunity to be heard
at the next regularly-scheduled board meeting.
Where the instructor has made a request to be heard and the board votes
to deny the application, the board will issue a final written decision no later
than 15 business days following the board’s meeting.
(3) The
board, and its application committee, shall consider the following criteria in
determining whether to approve a continuing education course:
(a) Whether
the content of the course is related to the practice of home inspection;
(b) Whether
the instructor is qualified to teach the course; and
(c) Whether
the instructor has violated the Home Inspector Licensing Act, the board’s
rules, or any criminal laws that are substantially related to the practice of
home inspection or a failure to pay child support.
[16.66.5.9
NMAC – N, 1/15/2021]
16.66.5.10 CONTINUING EDUCATION AUDITS:
The board shall audit ten percent of renewal applications each year,
selected anonymously and at random, to verify completion of continuing
education. [If the licensee is
audited, proof of participation in or presentation of continuing education
activity must be submitted along with a renewal form.]
A. If a notice of
audit is received [with the license renewal notice], the licensee must
submit evidence of continuing education hours earned during the current renewal
cycle to the board as required in the Home Inspector Licensing Act and the
board’s rules.
B. [If the
licensee is not audited, the licensee must,] All licensees as a
condition of renewal, attest to the completion of the required hours of
continuing education. The licensee
shall, throughout the period of each license, retain all documentation of
continuing education attendance for the previous cycle of licensure.
C. The board may
audit any licensee’s continuing education attendance upon notification to the
licensee.
D. Failure to comply with a notice of audit or submit
evidence of continuing education hours earned during the current renewal cycle
may result in disciplinary action by the board.
[16.66.5.10
NMAC – N, 1/15/2021; A, 04/23/2024]
HISTORY
OF 16.66.5 NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 66 HOME
INSPECTOR LICENSING
PART 8 DISCIPLINARY PROCEEDINGS
16.66.8.1 ISSUING AGENCY: New Mexico
home inspectors board.
[16.66.8.1
NMAC – N, 1/15/2021]
16.66.8.2 SCOPE: All licensed home inspectors,
license applicants, other agencies, professional associations, and any member
of the general public affected by or interested in
home inspectors.
[16.66.8.2
NMAC – N, 1/15/2021]
16.66.8.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Home Inspector Licensing Act, Sections
61-24D-1 through 16 NMSA 1978 (2019).
[16.66.8.3 NMAC – N, 1/15/2021]
16.66.8.4 DURATION: Permanent.
[16.66.8.4 NMAC – N, 1/15/2021]
16.66.8.5 EFFECTIVE DATE: January 15,
2021, unless a later date is cited at the end of a section.
[16.66.8.5
NMAC – N, 1/15/2021]
16.66.8.6 OBJECTIVE: The objective of
Part 8 of Chapter 66 is to establish the procedures for denying applications
for licensure, processing complaints against licensees and applicants,
reinstatement of suspended or revoked licenses, and taking disciplinary action
against licensees.
[16.66.8.6
NMAC – N, 1/15/2021]
16.66.8.7 DEFINITIONS: Refer to
Definitions, 16.66.1.7 NMAC.
[16.66.8.7
NMAC – N, 1/15/2021]
16.66.8.8 GROUNDS FOR DISCIPLINARY ACTION:
The following are grounds for taking disciplinary action against
licensees and unlicensed practitioners, and for denying licenses to applicants:
A. Substantial
misrepresentation;
B. Violations of
the Home Inspector Licensing Act or any rule of the board, including but not
limited to the code of ethics and standards of practice as outlined in Parts 5
and 6 of these rules;
C. Offered or
delivered compensation, inducement, or reward to the owner of an inspected
property or to the broker or the agent for the referral of any business to the
home inspector or the home inspector’s company;
D. A license to
perform home inspections revoked, suspended, denied, stipulated
or otherwise limited in any state, jurisdiction, territory or possession of the
United States or another country for actions of the licensee similar to acts
proscribed in Section 61-24D-11 of the Home Inspector Licensing Act;
E. Failure to
furnish the board, its investigators or its representatives with information
requested by the board in the course of an official
investigation;
F. Performance or
offer to perform for an additional fee any repair to a structure on which the
home inspector or the home inspector's company has prepared a report at any
time during the twelve months immediately prior to the repair or offer to
repair, except that a home inspection company that is affiliated with or that
retains a home inspector does not violate this paragraph if the home inspection
company performs repairs pursuant to a claim made pursuant to the terms of a
home inspection contract; or
G. Failure to
maintain errors and omissions insurance and professional liability insurance as
required by the Home Inspector Licensing Act and the rules of the board.
H. Failure to comply with a notice of audit or submit
evidence of continuing education hours earned during the current renewal cycle
may result in disciplinary action by the board.
[16.66.8.8
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.8.9 COMPLAINTS AND RESPONSES:
A. A complaint
against a licensee or applicant may be filed with the board by any person,
office, or organization. [ In order to be considered by the board, a
complaint must be sworn and notarized.]
The complaint must also contain specific factual allegations of
violations of either the Home Inspector Licensing Act [or the], board’s
rules, or code of ethics.
B. Upon receipt of
any complaint alleging that a licensee has violated the Home Inspector
Licensing Act [or the], board’s rules, or code of ethics,
board staff shall forward the complaint to the respective licensee and request
a response [within ten business days of receipt]. The licensee (“respondent”) must provide a response
to the board within ten business days of receipt. A respondent’s failure to respond to the
complaint within this specified time frame shall be grounds for disciplinary
action, up to and including revocation of the license at the discretion of the
board.
C. The board
administrator may authorize the issuance of an investigative subpoena to obtain
documents or other evidence relevant to a disciplinary complaint.
D. Subject to
applicable exceptions to confidentiality established by law, all complaints,
responses, and other disciplinary and investigatory records are public records
available for inspection and copying, pursuant to state law, irrespective of
the final disposition of the underlying disciplinary complaint.
[16.66.8.9
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.8.10 REVIEW OF COMPLAINT: All
complaints [will, where practicable,] may be reviewed by the
board’s complaint committee.
A. Should the
board, in its discretion, choose to utilize a complaint committee, the
complaint committee shall be responsible for reviewing disciplinary complaints
against licensees and applicants and making informal, non-binding
recommendations to the board as to their disposition. The complaint committee shall not have any
policymaking authority of any kind.
B. The board’s
complaint committee shall consist of no more than two board members and no more
than two other volunteer members who are not members of the board, for a total
of no more than four members at any given time.
C. After completing
its review of a complaint, the complaint committee shall either recommend that
the board take disciplinary action or that it close
the case. As part of any recommendation
of disciplinary action, the complaint committee may also make recommendations
as to the proper amount of discipline (i.e. letter of reprimand, fine,
suspension, revocation, etc.), including discipline that might be obtained
through a negotiated settlement agreement with the licensee, applicant, or
unlicensed practitioner.
[16.66.8.10
NMAC – N, 1/15/2021; A, 04/23/2024]
16.66.8.11 HEARINGS AND DISCIPLINARY PROCEEDINGS:
A. All disciplinary
proceedings conducted by the board shall fully conform to the provisions of the
Uniform Licensing Act, NMSA 1978, Sections 61-1-1 to -34 (1957, as amended
through 2019).
B. In the event that the board seeks to proceed with formal
disciplinary action and issue a notice of contemplated action pursuant to the
Uniform Licensing Act, the board shall send a request to the litigation
division of the New Mexico Office of the Attorney General, which shall, if it
elects to do so, serve as the administrative prosecutor on behalf of the board.
C. If a respondent
requests an evidentiary hearing in response to a notice of contemplated action,
the board chair shall designate a hearing officer to preside over the
hearing. Alternatively, at the
discretion of the board chair or upon vote of the board, the entire board may
preside over the hearing.
D. Any continuance
of an evidentiary hearing requested or stipulated by a respondent shall only be
considered by the hearing officer, or board chair if the hearing is conducted
by the full board, if the respondent has knowingly, voluntarily, and
intelligently signed a waiver of the applicable time limits set forth by the
Uniform Licensing Act.
[16.66.8.11
NMAC – N, 1/15/2021]
16.66.8.12 SETTLEMENT AGREEMENTS: As a
means of resolving disciplinary complaints against licensees, applicants, and
unlicensed practitioners without the time and expense of formal hearings,
settlement agreements are encouraged at any stage in the disciplinary process
prior to the adjournment of the evidentiary hearing.
A. Prior to the
board voting on a disciplinary complaint or the matter being referred to the
Office of the Attorney General for administrative prosecution, the board staff
may negotiate a settlement agreement with the respondent. However, the board itself must vote to
approve the settlement agreement at an open meeting, and no settlement
agreement is valid under any circumstances until the board so votes.
B. Prior to the
issuance of a notice of contemplated action or the adjournment of an
evidentiary hearing, the board’s administrative prosecutor may negotiate a
settlement agreement with the respondent.
However, the board itself must vote to approve the settlement agreement
at an open meeting, and no settlement agreement is valid under any
circumstances until the board so votes.
C. Following the
conclusion of an evidentiary hearing, no settlement agreement shall be
considered by the board.
[16.66.8.12
NMAC – N, 1/15/2021]
16.66.8.13 REINSTATEMENT OF SUSPENDED OR REVOKED LICENSES:
A. Reinstatement of
Suspended Licenses: Licensees whose licenses
have been suspended by the board may apply to reinstate those licenses in
accordance with the terms of the suspension.
Any licensee seeking reinstatement of a suspended license shall be
required to provide to the board:
(1) A
completed board-issued application form;
(2) Payment
of the non-refundable renewal fee in full as provided in Part 2;
(3) Payment
of the non-refundable reinstatement fee in full as provided in Part 2;
(4) Any
evidence necessary to demonstrate that the licensee has satisfactorily
completed any terms of the licensee’s suspension.
B. Reinstatement of
Revoked Licenses: Former licensees whose
licenses were revoked by the board may apply to reinstate those licenses no
sooner than five years following the date of the order of revocation, unless
the former licensee’s license was revoked pursuant to the Parental
Responsibility Act, in which case the former licensee may apply for
reinstatement immediately upon the name of the former licensee’s removal from
the certified list issued by the New Mexico department of human services. Any former licensee seeking reinstatement of
a revoked license shall, pursuant to the terms of the Uniform Licensing Act,
carry the burden of demonstrating to the board the former licensee’s
qualifications for licensure. The former
licensee shall be required to provide to the board:
(1) A
completed board-issued application form;
(2) Payment
of the non-refundable renewal fee in full as provided in Part 2;
(3) Payment
of the non-refundable reinstatement fee in full as provided in Part 2;
(4) A
letter, affidavit, or other evidence necessary to demonstrate that the former
licensee will, in the future, comply with all of the
provisions of the Home Inspector Licensing Act and the board’s rules.
[16.66.8.13
NMAC – N, 1/15/2021]
16.66.8.14 PARENTAL RESPONSIBILITY ACT:
The authority of the board to issue a notice of contemplated action
against any licensee or applicant for licensure whose name appears on the
certified list issued by the New Mexico department of human services, as
provided in NMSA 1978, 40-5A-1, et seq, as deficient in child support payments,
and to refer cases in which notices of contemplated action have been issued for
administrative prosecution, is delegated to the administrator of the board. This section shall not be construed to
deprive the board of its authority and power to issue a notice of contemplated
action for any apparent violation of the Parental Responsibility Act, and to
refer any such case for administrative prosecution.
[16.66.8.14
NMAC – N, 1/15/2021]
HISTORY
OF 16.66.8 NMAC