New Mexico § 60-13-16 - Division; qualifying party; examination; certificate

§ 60-13-16. Division; qualifying party; examination; certificate

A. Except as otherwise provided in this section, no certificate of qualification shall

be issued to an individual desiring to be a qualifying party until he has passed with

a satisfactory score an examination approved and adopted by the division. B. The examination shall consist of a test based on general business knowledge, rules

and regulations of the division and the provisions of the Construction Industries

Licensing Act. In addition, applicants for a GB, MM or EE classification or for any other classification

that the commission determines to be appropriate shall take a test based on technical

knowledge and familiarity with the prescribed codes and minimum standards of the particular

classification for which certification is requested. The division shall provide examinations in both English and Spanish. C. In lieu of the examination to determine knowledge of business and construction

industries law provided in Subsection B of this section, an applicant may satisfy

the business and law knowledge requirement by receiving a certificate of completion

of a business and law course of study offered by an accredited education institute

approved by the commission. The course and any preparation and instruction materials shall be available in both

English and Spanish and shall be made available to the division, the commission or

the designated agent of the division, upon request, for review. D. If a contractor's license is subject to suspension by the commission and if the

suspension is based on the requirement that the licensee employ a qualifying party

and the employment of the qualifying party is terminated without fault of the licensee,

a member of that trade who is experienced in the classification for which the certificate

of qualification was issued and has been employed for five or more years by the licensed

contractor shall be issued without examination a temporary certificate of qualification

in the classification for which the contractor is licensed. The temporary qualifying party is required to pass the regular examination as set

forth in Subsection B of this section within ninety days of issuance of a temporary

certificate of qualification. E. The certificate of qualification is not transferable. F. A qualifying party whose certificate is revoked by the commission shall not reapply

for a certificate for one year.