First Judicial District Court, Santa Fe, NM
Joseph Herrera v. Regulation & Licensing Department is an individual civil action against RLD and its Construction Industries Division, challenging CID's conduct under the due process clause of the New Mexico Constitution and the Inspection of Public Records Act.
In 2014, CID and the Construction Industries Commission created a procedure for appealing code violations with the enactment of 14.5.9.9(B) NMAC. Under this rule, contractors who receive a Code Violation Determination (CVD) may appeal it - first to the CID director within ten days, then if denied, to the Commission within 20 days. Mr. Herrera's complaint alleges that: (1) in addition to other elements of an unfair process, he was not notified of his right to appeal his CVD before CID began an enforcement action against his license; (2) the effect of this omission was to cause him to inadvertently waive appeal rights he never knew he had; and (3) thanks to the newly enacted New Mexico Civil Rights Act, he may now seek relief for constitutional violations directly in state district court, with no requirement to exhaust administrative remedies.
A pending motion seeks leave to amend the complaint to add additional plaintiffs and expand the scope of the case. If granted, the amended complaint would seek relief on behalf of an estimated 1,000 or more New Mexico contractors affected by the deficient forms. As far as the firm is aware, this is the first case of its kind against CID.
If CID accused you of a code violation at any time in the last ten years and you were not informed of your right to appeal, the issues raised in this case may apply to you. Contact the firm for a free consultation to discuss whether you may be affected.
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Yes. Under 14.5.9.9(B) NMAC, contractors who receive a Code Violation Determination from the Construction Industries Division may appeal it to the CID director within ten days. If the director denies the appeal, the contractor may then appeal to the Construction Industries Commission within 20 days. However, Herrera v. RLD alleges that CID failed to inform contractors of these appeal rights on the CVD forms themselves, causing contractors to unknowingly waive their right to appeal.
A Code Violation Determination is a formal notice from the Construction Industries Division stating that a contractor has violated a provision of the construction code. A CVD can lead to enforcement action against the contractor's license, including fines, suspension, or revocation. Under CID's own regulations, the CVD form is supposed to notify the contractor of the right to appeal the determination.
If CID issued you a Code Violation Determination without informing you of your right to appeal under 14.5.9.9(B) NMAC, you may have unknowingly waived appeal rights you did not know you had. Herrera v. RLD challenges this practice as a violation of due process under the New Mexico Constitution. A pending motion seeks to expand the case to seek relief on behalf of an estimated 1,000 or more contractors affected by deficient CVD forms over the past decade.
If CID accused you of a code violation at any time in the last ten years and you were not informed of your right to appeal, the issues raised in this case may apply to you. Contact the Law Office of Matthew J. Bouillon Mascareñas LLC at (505) 317-6953 for a free consultation to discuss whether you may be affected.
Under the New Mexico Civil Rights Act, individuals may seek relief for constitutional violations directly in state district court without exhausting administrative remedies. Herrera v. RLD relies on this statute to bring due process claims against CID in the First Judicial District Court in Santa Fe.
Herrera v. RLD is an individual civil action against the New Mexico Regulation and Licensing Department and its Construction Industries Division, challenging CID's failure to provide contractors with required appeal rights on Code Violation Determination forms. The case also raises claims under the Inspection of Public Records Act. A pending motion seeks leave to amend the complaint to expand the case on behalf of similarly situated contractors.
If you're a New Mexico contractor who has been accused of a code violation by CID, schedule a free consultation to discuss your rights.
Schedule NowAttorney Advertising. The information on this page does not constitute legal advice and does not create an attorney-client relationship. Past results do not guarantee future outcomes, as each case must be decided on its own merits. The responsible attorney is Matthew J. Bouillon Mascareñas, Albuquerque, NM. © 2026 Law Office of Matthew J. Bouillon Mascareñas LLC.