New Mexico § 60-13-14 - Division; license issuance; reports

§ 60-13-14. Division; license issuance; reports

A. No license shall be issued by the division to any applicant unless the director

is satisfied that the applicant is or has in his employ a qualifying party who is

qualified for the classification for which application is made and the applicant has

satisfied the requirements of Subsection B of this section. B. An applicant for a license shall: (1) demonstrate proof of responsibility as provided in this article; (2) comply with the provisions of Subsection D of this section if he has engaged illegally

in the contracting business in New Mexico within one year prior to making application; (3) demonstrate familiarity with the rules and regulations promulgated by the commission

and division concerning the classification for which application is made; (4) if a corporation, incorporated association, registered limited liability partnership

or limited liability company, have complied with the laws of this state requiring

qualification to do business in New Mexico and provide the name of its current registered

agent and the current address of its registered office in New Mexico; (5) if a person other than the persons described in Paragraph (4) of this subsection,

provide a current physical location address and mailing address of the applicant's

place of business; (6) submit proof of registration with the taxation and revenue department and submit

a current identification tax number; (7) comply with any additional procedures, rules and regulations which are established

by the commission relating to issuance of licenses; and (8) have had four years, within the ten years immediately prior to application, of

practical or related trade experience dealing specifically with the type of construction

or its equivalent for which the applicant is applying for a license, except that the

commission may by regulation provide for: (a) reducing this requirement for a particular industry or craft where it is deemed

excessive but the requirement shall not be less than two years; and (b) a waiver of the work experience requirement of this paragraph when the qualifying

party has been certified in New Mexico with the same license classification within

the ten years immediately prior to application. C. The division, with the consent of the commission, may enter into a reciprocal licensing

agreement with any state having equivalent licensing requirements. D. The director may issue a license to an applicant who at any time within one year

prior to making application has acted as a contractor in New Mexico without a license

as required by the Construction Industries Licensing Act if: (1) the applicant in addition to all other requirements for licensure pays an additional

fee as follows: (a) in an amount up to ten percent of the contract price or the value of the nonlicensed

contracted work in the discretion of the commission; or (b) if the applicant has bid or offered a price on a construction project and was

not the successful bidder or offeror, the fee shall be at least one percent but not

more than five percent of the total bid amount; and (2) the director is satisfied that no incident of such contracting without a license: (a) caused monetary damage to any person; or (b) resulted in an unresolved consumer complaint being filed against the applicant

with the division. E. An unlicensed contractor who has performed unlicensed work may settle the claims

against him without becoming licensed if the claims arise from his first offense and

he pays an administrative fee calculated pursuant to Paragraph (1) of Subsection D

of this section. In addition to the administrative fee, an additional ten percent of the amount of

the administrative fee shall be assessed as a service fee. F. If the total fee to be paid by the contractor pursuant to the provisions of Subsection

D or E of this section is twenty-five dollars ($25.00) or less, the fee may be waived. G. The director shall report every incident of nonlicensed contracting work to the

taxation and revenue department to assure that the contractor complies with tax requirements

and pays all taxes due.