When we receive your completed request form and attachments, we will review the information to determine if your request falls within the jurisdiction of our Office. If we do not have jurisdiction, we will make every effort to refer your request to an agency that may be able to help you. For instance, the CID/MHD Division cannot handle requests of a financial or contractual dispute (unless a judgment is issues CILA § 60-13-2).
A List of Issues that Our Office Handles and Does Not Handle has Been Attached for Your Convenience
If it is determined that our Office has jurisdiction, the complaint will be reviewed by our Division’s staff. Once we have an opportunity to review your complaint and determine the appropriate action, our Division will inform you that an Investigation is open and an investigator will be assigned to your case. Also note that all documents and other materials submitted to our office become property of the State of New Mexico. Once your case is open you become a witness for the state’s investigation and the investigator may or may not contact you to collect further information. We will keep you informed as action items happen about the progress of our investigations.
If our Division determines that it is appropriate to begin the investigation process, we will inform the business your request and provide it with copies of the request and attachments. The business will be asked to respond to the request. The CID/MHD Division cannot act as a private attorney, give you legal advice, or represent you individually in litigation in court. Even in the request resolution process, we do not act as the consumer’s attorney. Consumer laws in New Mexico allow for the private and individual right of action and anyone can file a consumer claim in court. The CID/MHD initiates legal action on behalf of the Commission/Committee only when there is a violation/s of the licensing Act/s, code, and /or regulations.
List of Issues Accepted
Before you fill out the attached request form, please refer to the list below to determine if your request falls under the jurisdiction and authority of the New Mexico Construction Industries/ Manufactured Housing Division. If you have any questions please do not hesitate to contact our Office at 1-505- 476-4700.
The type of issues (or allegations) our Division handles:
- Manufactured Housing Install/Set-Up Complaints
- Manufactured Housing Deposit Complaints
- Manufactured Housing Dealers, Sales & Brokers
- Manufactured Housing Repair Complaints
- Violation of NM State Building Code
- Failure to Permit
- Failure to Inspect
- Unlicensed Activity
- Aiding and Abetting Unlicensed Activity
- Working without Journeyman Certification (CID only)
- Working beyond the scope of a contractor’s license
- Judgments (Division will review for Jurisdiction)
- Red Tagged Work
The type of issues (or allegations) our Division does NOT handle:
- Contractual or Financial Disputes (without Judgment- CID only )
- Manufactured Housing transportation (Public Regulation Commission http://www.nmprc.state.nm.us/)
- Code violations will be deemed actionable only if they are violations of the State adopted codes. Local enhancements and modifications to the State code will not be considered in evaluating the violation for the purpose of the code bond. CID will coordinate our investigations with a local building department when a claim is within their jurisdiction.
- The code bond disbursements will be limited to complaints received within two years of the completion of construction. Completion shall be determined by the date of the issuance of a Certificate of Occupancy, the date of issuance of the final inspection tag, the permit expiration date or when the contractor stops working on the project, whichever occurs last.
- Code bond disbursement will only be made after the contractor (bond holder) has an opportunity to correct the violation. The duration of this opportunity will be defined by the CID compliance procedure schedule.
- If a contractor objects to the claim against the code bond, he will be afforded a hearing before the CIC to explain his case. At the conclusion of that hearing the CIC will render an opinion which will be final. The Notice of Contemplated Action (NCA) / Disciplinary process needs to be reviewed for its consistency with this.
- If the contractor (bond holder) does not request a CIC hearing, CID will send the matter directly to the bond company for payment.
- The bond proceeds must be spent on the correction of the code violation. The claimant will need to submit three bids for the work to the bonding company. The bonding company will write a joint check to the low bidder and the owner after an inspection is performed by CID that verifies that the code violation has been cured. In the event that the correction work costs more than the limits of the code bond, the CID inspector will still attempt to verify that the Bond funds being disbursed have been allocated to the work done in curing the violation.
- The bond company for the contractor that obtained the permit for the work in violation will be responsible for making payment. Only one company can be made to pay per violation. In the case of a general contractor and a subcontractor who pulls his own permit, if the sub’s work is in violation, it will be the subcontractor’s bond that pays.
- It is possible to have multiple violations on a single project. Each responsible party’s bond will be assessed up to $10,000 to correct the violations for which they are responsible. If, for example, there are general code violations, electrical code violations, and mechanical code violations, each in excess of $10,000, then the general contractor’s, the electrical contractor’s, and the mechanical contractor’s bonds could all be assessed $10,000.
- Legal fees are not collectable from the code bond disbursements.
- It is not necessary for a specific problem to occur from the code violation, only that the violation is identified and verified by CID.
- Code violations, for the purpose of code bond claims, will not be limited to life safety issues.
- Code violations must be documented by the CID inspector with very specific language that clearly identifies the nature of the violation (by code book date, chapter, and section) and in precisely which locations (or locations) in the structure that they occur.
- If you are filing a complaint regarding a suspected state code violation please note that any repairs performed by another contractor will result in the closing of this case. Inspectors must be able to visibly inspect violations and photographs will not be accepted for inspection services
Licensed Investigation Process Fact Sheet
Purpose of the Investigation
The purpose of the investigation process is to determine whether a licensee has violated the Construction Industries Licensing Act or Manufactured Housing Act.
The investigation will not result in monetary reimbursement for any damages you may have incurred and may not result in the repair of defective construction. This is solely a disciplinary process and neither the Commission nor CID has the authority to require a licensee to repair or pay for damages. The consequence for a licensee who violates the statute or the regulations under this process is discipline up to and including license revocation. Damages can be addressed through the judicial process and you may wish to seek legal advice regarding your options if you have been damaged by a licensee.
Violations of the Act or Regulations
If the investigation results in a confirmation of a violation, the findings are reported to the Construction Industries Commission or Manufactured Housing Committee. The licensee may be fined or may be subject to license revocation, as determined by the Commission.
If the violation arises out of code violations, the licensee will be offered the opportunity to correct the violations, but neither Division nor the Commission/Committee can force a licensee to make the corrections or to repair damage caused by the violations. In certain cases, the CID licensee bond that can be attached for the correction of code violations and MHD licensees carry consumer protection bond. This information will be provided if code violations are confirmed and are not corrected.
CID/MHD reports the findings of its investigations to the Commission/Committee, which generally meets every other month. At that time the Commission decides whether or not to proceed with the disciplinary process. If so, a Notice of Contemplated Action is issued by the Attorney General’s Office (AGO). The entire disciplinary process typically takes several months and may include an evidentiary hearing. During this phase of the process the AGO has complete control of the case and reports directly to the Commission once the case is concluded.
As the person requesting the investigation, you can and may be called as a witness to testify on behalf of the State of New Mexico before a hearing officer and/or magistrate. Your testimony may be crucial to the successful prosecution of the alleged defendant in this matter.
Once your request has been received by CID the complaint cannot be withdrawn. You will not be updated of the case status throughout the investigation or during proceedings unless additional evidence or further testimony is required.
Due to the administrative or criminal nature of the alleged violations and actions taken by CID are solely between the state and the alleged defendant. CID does not have the ability to assist in the recovery of any financial losses you may have incurred as a result of the actions taken by the alleged defendant. You are encouraged to pursue alternate means of recovering any losses, such as your local court of jurisdiction.
The Commission/Committee has up to two years to impose discipline on a licensee, and the investigations process generally takes a year or less.