New Mexico § 52-1-66 - Nonresident employers employing workers in state; requirement for insurance; enforcement

§ 52-1-66. Nonresident employers employing workers in state; requirement for insurance; enforcement

A. Every employer not domiciled in the state who employs workers engaged in activities

required to be licensed under the Construction Industries Licensing Act and every

other employer not domiciled in the state who employs three or more workers within

the state, whether that employment is permanent, temporary or transitory and whether

the workers are residents or nonresidents of the state, shall comply with the provisions

of Section 52-1-4 NMSA 1978 and, unless self-insured, shall obtain a workers' compensation insurance policy,

or an endorsement to an existing policy, issued in accordance with the provisions

of Section 59A-17-10.1 NMSA 1978 . An employer who does not comply with the foregoing requirement shall be enjoined

from doing business in the state pursuant to Section 52-1-62 NMSA 1978 and shall be barred from recovery by legal action for labor or materials furnished

during any period of time in which he was not in compliance with the requirements

of this section, and, if the noncomplying employment is in an activity for which the

employer is licensed under the provisions of the Construction Industries Licensing

Act, the employer's license is subject to revocation or suspension for the violation. B. The construction industries division of the regulation and licensing department

shall promulgate rules and regulations to insure compliance with Subsection A of this

section.