N.M. Admin. Code § 16.43.1.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.43.1.9 - DISCIPLINE

Every licensee or applicant shall be afforded notice and the opportunity to be heard in accordance with the ULA before the superintendent may deny an application, place probationary limitations on a license, suspend or revoke a license or assess an administrative penalty against a licensee. Hearings will be held by a hearing officer, which may be a member of the council or a department employee designated by the council, or by the full membership of the council. The council shall review hearing officer reports and make disciplinary recommendations to the superintendent.

A. In addition to any violation of the act, the following may be grounds for disciplinary action:

(1) refusal of a licensee to comply with a stop work order issued by the department;

(2) making a material misstatement or misrepresentation in an application for intial licensure or renewal;

(3) intentionally making a material misstatement to the department during an official investigation;

(4) aiding or abeting another in violating provisions of the act or a rule adopted pursuant to the act;

(5) altering or falsifying a license issued by the department;

(6) failing or refusing to furnish the department, its investigators or its representatives information requested in the course of an official investigation by the department; or

(7) operating hoisting equipment in a negligent or reckless manner as determined by the department.

B. Stipulated agreement: In leiu of a hearing, the department and the licensee may enter into a stipulated agreement to resolve any alleged violations.

C. Surrender of license after suspension or revocation: Upon suspension or revocation of a license, or as soon thereafter as practibale, the licensee shall surrender possesion of their license to the department and the department will place the license in the licensee's file.

D. Appeal: A licensee or applicant may appeal a final order in accordance with the ULA pursuant to

(Sections 60-15-11 and 60-15-12 NMSA 1978).

N.M. Admin. Code § 16.43.1.9

Adopted by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 3/31/2015