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, 4/23/2024]

 

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.

               A.           If a notice of audit is received, 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.           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, 4/23/2024]

 

HISTORY OF 16.66.5 NMAC