TITLE 14             HOUSING AND CONSTRUCTION

CHAPTER 12     MANUFACTURED HOUSING

PART 8                 RENEWAL AND CONTINUING EDUCATION

 

14.12.8.1               ISSUING AGENCY:  The Manufactured Housing Division of the Regulation and Licensing Department.

[14.12.8.1 NMAC - Rp, 14.12.2.1 NMAC, 12/01/2010]

 

14.12.8.2               SCOPE:  These rules and regulations apply to all manufacturers, dealers, brokers, salesman, installers, repairman, contractors, and purchasers of manufactured homes in the state of New Mexico.

[14.12.8.2 NMAC - Rp, 14.12.2.2 NMAC, 12/01/2010]

 

14.12.8.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the Manufactured Housing Act, Sections 60-14-1 through 60-14-20 NMSA 1978.

[14.12.8.3 NMAC - Rp, 14.12.2.3 NMAC, 12/01/2010]

 

14.12.8.4               DURATION:  Permanent.

[14.12.8.4 NMAC - Rp, 14.12.2.4 NMAC, 12/01/2010]

 

14.12.8.5               EFFECTIVE DATE:  12/01/2010 unless a later date is cited at the end of a section.

[14.12.8.5 NMAC - Rp, 14.12.2.5 NMAC, 12/01/2010]

 

14.12.8.6               OBJECTIVE:  The objective of 14.12.8 NMAC is to set forth the license renewal and continuing education requirements for individuals licensed under the Manufactured Housing Act and these regulations.

[14.12.7.6 NMAC - Rp, 14.12.2.6 NMAC, 12/01/2010]

 

14.12.8.7               DEFINITIONS:  [RESERVED]

[Refer to 14.12.1.7 NMAC]

 

14.12.8.8               RENEWALS:

                A.            Each license shall be renewed annually during its anniversary month. The division shall mail a renewal notice to each current licensee at least 30 days prior to the expiration date of the license.

                B.            Renewal notices will be mailed to the last known address on file with the division. It is the responsibility of the licensee to keep the division informed of any changes in address.

                C.            The licensee is responsible for renewing his license. Failure to receive the renewal notice shall not relieve the licensee of the responsibility of renewing his license before the expiration date.

                D.            The filling date of a renewal application shall be the date the envelope is postmarked or, if hand delivered, the date the renewal application is received by the division.

                E.            The division shall allow a 30-day grace period after a license has expired for a licensee to renew without penalty.  After the 30-day grace period the licensee must pay a late renewal fee equal to one dollar ($1.00) for each day, up to 30 days, that has elapsed since the 30-day grace period and thereafter for a fee equal to twice the amount of the annual license fee.

                F.            A renewal application for a license under the Manufactured Housing Act shall be denied pursuant to Section 28-2-4 NMSA 1978 if the applicant has been convicted of a felony enumerated as a disqualifying criminal conviction as defined in these rules.

                G.            Any person who applies for renewal of a license or certification under these rules who is convicted of a disqualifying crime in New Mexico or any other state on or after the date of any renewal application shall notify the division within 10 days of the conviction, along with the date, crime, and case number. 

                H.            If a license is expired for one-year following the expiration date the license shall be cancelled and the licensee must re-apply for licensure, which includes taking and passing any required examination.

                I.             Renewal of any occupational or professional license pursuant to these rules shall be issued as soon as practicable, but no later than 30 days after a military service member or a veteran as defined in these rules files an application and successfully passes any required examination, pays any required fees, and provides a background check if required. 

                J.             Upon denial of a renewal for a license including denial based on a disqualifying criminal conviction, the applicant shall be provided notice and an opportunity to be heard pursuant to the pertinent notice and hearing provisions of the Uniform Licensing Act.

                K.            A military service member or veteran as defined in these rules shall not be charged a licensing fee for the first three years a license issued under these rules is valid.

[14.12.8.8 NMAC - Rp, 14.12.2.26 NMAC, 12/01/2010; A, 4/22/2022]

 

14.12.8.9               INACTIVE LICENSE:

                A.            A licensee can submit a written request to the division that a license be placed in inactive status.  The licensee must surrender his license certificate to the division and submit a written statement indicating that no work will be performed under the inactive license during the period that the license is in inactive status.

                B.            Regulations pertaining to renewal of any license or to bonding requirements shall apply to any license during the period the license is in inactive status.

                C.            Inactive status of a license shall not affect any pending investigation or disciplinary action against a licensee.

[14.12.8.9 NMAC - Rp, 14.12.2.27 NMAC, 12/01/2010]

 

14.12.8.10             CONTINUING EDUCATION:  In order to qualify for annual renewal of an installer or repairman license, the licensee must provide evidence of completing 3 hours of division approved continuing education.

[14.12.8.10 NMAC - N, 12/01/2010]

 

HISTORY of 14.12.8 NMAC:

Pre-NMAC History:

Material in the part was derived from that previously filed with the commission of public records - state records center and archives:

CIC 70-5, 1969 Standards for Mobile Homes, filed 09/02/1970

CIC MB 70-9, Standard for Mobile Homes for New Mexico, filed 10/23/1970

CIC 71-5, 1971 Mechanical Mobile Home Code for New Mexico, filed 09/16/1971

CIC 72-3, 1972 Standards for Mobile Homes, filed 08/18/1972

CIC 73-1, 1973 Standards for Mobile Homes, filed 10/30/1973

CIC MHB 75-4, 1975 Standard for Mobile Home Regulations pertaining to Manufacturers, Dealers, and Installers, filed 10/08/1975

CIC MHB 77-7, Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen, Installers, and Repairmen, filed 04/02/1977

MHD 77-1, Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen, Installers and Repairmen, filed 04/26/1977

MHD 81-1, Mobile Housing Division Regulations, filed 05/271981

MHD 83-1, Manufactured Housing Division Regulations, filed 08/18/1983

MHD 85-1, Manufactured Housing Division Regulations, filed 02/01/1985

MHD 88-1, Manufactured Housing Division Regulations, filed 08/09/1988

MHD 90-1, Manufactured Housing Division Regulations, filed 12/08/1989

 

History of Repealed Material:

14 NMAC 12.2, Manufactured Housing Requirements (filed 9/16/1997) repealed 12/01/1998.

14 NMAC 12.2, Manufactured Housing Requirements (filed 10/14/1998) repealed 6/01/1999.

14 NMAC 12.2, Manufactured Housing Requirements (filed 4/14/1999) repealed 9/14/2000.

14.12.2 NMAC, Manufactured Housing Requirements (filed 8/01/2000) repealed 12/01/2010.

 

Other History:

MHD 90-1, Manufactured Housing Division Regulations (filed 12/08/1989) was renumbered, reformatted, amended and replaced by 14 NMAC 12.2, Manufactured Housing Requirements, effective 12/01/1998.

14 NMAC 12.2, Manufactured Housing Requirements (filed 10/14/1998) was replaced by 14 NMAC 12.2, Manufactured Housing Requirements, effective 6/01/1999.

14 NMAC 12.2, Manufactured Housing Requirements (filed 4/14/1999) was replaced by 14.12.2 NMAC, Manufactured Housing Requirements, effective 9/14/2000.

Those applicable portions of 14.12.2 NMAC, Manufactured Housing Requirements (filed 8/01/2000) were replaced by 14.12.8 NMAC, Renewal and Continuing Education, effective 12/01/2010.