reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.8 - INSPECTIONS AND INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pipelines.
(1) Staff is authorized to enter
				upon, inspect, and examine, at reasonable times and in a reasonable manner,
				those records and pipeline facilities of an owner or operator relevant to
				determining whether the owner or operator is in compliance with applicable
				laws.
(2) Staff may conduct an
				inspection pursuant to:
(a) scheduling by
				staff;
(b) a written complaint
				received from a member of the public;
(c) information obtained from a previous
				inspection;
(d) an accident or
				incident; or
(e) whenever the
				commission or the director deems it appropriate.
(3) If, after an inspection, staff believes
				that further information is needed to determine appropriate action, staff may
				send a request for specific information to the owner or operator. The owner or
				operator shall answer the request within thirty (30) days of its receipt.
(4) The commission may, subject to
				applicable laws, require testing of portions of facilities that have been
				involved in, or affected by, an accident. The commission shall make every
				effort to negotiate with the owner or operator of the facility a mutually
				acceptable plan for performing the testing.
(5) When the information obtained from an
				inspection or from other appropriate sources indicates that further commission
				action is warranted, the director shall issue a notice of probable violation or
				notice of intent to issue a hazardous facility order, as appropriate.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.9 - SERVICE OF PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever this rule requires notice or other process to be
				  served on a respondent, the notice or other process shall be served at the last
				  known address of the respondent.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.10 - NOTICE OF PROBABLE VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as otherwise provided in Section
				70-3-19
				NMSA 1978, the director shall begin an enforcement proceeding by serving a
				notice of probable violation on the respondent.
B. The director may serve a notice of
				probable violation of applicable laws through staff on the respondent or the
				respondent's agent at an excavation site. In such case, the director shall also
				serve the notice of probable violation by mail on the respondent as prescribed
				in 18.60.4.9 NMAC.
C. A notice of
				probable violation shall include a statement of those provisions of applicable
				laws that the respondent is alleged to have violated, a statement of the
				evidence upon which the allegations are based, a statement that the respondent
				may request a settlement conference within fifteen (15) days of receipt of the
				notice of probable violation, and instructions regarding how the respondent may
				request a settlement conference. A respondent shall respond to the allegations
				in writing within fifteen (15) days of receipt of the notice of probable
				violation. The director may, in his discretion and in accordance with
				applicable laws, grant or deny a request for a settlement conference.
D. If, in his discretion, the director
				determines that a settlement conference would be useful, the notice of probable
				violation shall also contain a date, time and location for a settlement
				conference, and a statement that if the respondent fails to appear for the
				settlement conference, the respondent will be deemed to have admitted the
				violation.
E. The director may
				amend a notice of probable violation at any time prior to issuance of a final
				order.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.11 - ATTORNEY REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
In settlement conferences, dispositional hearings, commission
				  hearings conducted pursuant to this rule, and arbitrations and mediations
				  conducted pursuant to 18.60.5 NMAC, respondents shall be represented as
				  provided in this section.
A. An
				individual or sole proprietorship shall appear in person on his or her own
				behalf or may be represented by an attorney.
B. A partnership with fewer than ten (10 )
				partners, whether limited or general, who are all natural persons, may appear
				and be represented by an attorney or by a general partner or manager who has
				been authorized by the general partnership to do so.
C. A limited liability company with fewer
				than ten (10) members, who are all natural persons, may appear and be
				represented by an attorney or by a manager or member who has been authorized by
				the limited liability company to do so.
D. Acorporation whose voting shares are held
				by a single shareholder or closely knit group of shareholders who are all
				natural persons active in the operation of the business may appear and be
				represented by an attorney or by an officer or manager who has been authorized
				by the corporation to do so.
E. All
				other persons shall be represented by an attorney.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.12 - SETTLEMENT CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
The director may conduct a settlement conference with the
				  respondent at the date, time and in the manner set forth in the notice of
				  probable violation, or at such other time agreed to by the director and the
				  respondent. At the settlement conference, the director shall explore with the
				  respondent the facts of the probable violation and the possibility of reaching
				  an agreed upon resolution, which may include dismissal or a voluntary
				  settlement agreement with administrative or civil penalties or other
				  sanctions.
A. Voluntary dismissal. If
				the director and respondent agree to dismiss the notice of probable violation,
				the director shall issue a letter dismissing the probable violation which shall
				resolve the matter.
B. Voluntary
				settlement agreement. If the director and respondent agree to settle, the
				director and respondent shall enter into and sign a written settlement
				agreement which shall resolve the matter. The written settlement agreement
				shall include any administrative or civil penalties or other sanctions and the
				respondent's knowing waiver of his right to a formal hearing.
C. Failure to settle. If the respondent
				appears at the settlement conference but does not agree to terms and conditions
				that are satisfactory to the director, the director may request a hearing
				before the commission pursuant to 18.60.4.14 NMAC or file a petition in
				district court for injunctive action.
D. Failure to appear. If the respondent fails
				to appear for the settlement conference, the respondent will be deemed to have
				admitted the violation. Within ten (10) days, the director may serve on
				respondent a determination of violation. The determination shall include notice
				of the respondent's right to appeal pursuant to 18.60.4.14 NMAC and may include
				notice of a dispositional hearing pursuant to 18.60.4.13 NMAC.
E. Alternative procedures. The director may
				give notice of a dispositional hearing, request a hearing before the
				commission, or file a petition in district court for injunctive action without
				offering to hold a settlement conference.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.13 - DISPOSITIONAL HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice.
				Not less than twenty (20) days prior to the date of the dispositional hearing,
				the director shall serve on the respondent notice of the dispositional hearing
				and copies of the notice of probable violation, staff's inspection reports, and
				any third party complaints or damage reports by mail as prescribed by 18.60.4.9
				NMAC. The notice shall state in boldface type that failure to appear at the
				dispositional hearing may result in the issuance of a default disposition and
				administrative or civil penalties or other sanctions.
B. Procedures.
(1) The director shall appoint a person or a
				panel to hear the case, or may hear the case himself or herself.
(2) The dispositional hearing shall be
				recorded by mechanical or electronic means and the director, or person or panel
				conducting the hearing, shall determine if the record shall be
				transcribed.
(3) If the director
				does not hear the case himself or herself, the person or panel conducting the
				dispositional hearing shall issue a recommended disposition to the director
				setting forth findings of fact, the amount of any administrative or civil
				penalties, and any other sanctions.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.14 - HEARINGS BEFORE THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Request for hearing.
(1) By the director. At any time after the
				notice of probable violation has been served on the respondent, the director
				may request a hearing before the commission.
(2) By the respondent. A respondent may
				appeal a determination made by the director pursuant to Subsection D of
				18.60.4.12 NMAC or a disposition made by the director pursuant to 18.60.4.13
				NMAC by filing a request for hearing before the commission. The respondent
				shall file the appeal with the docket filing unit of the commission within
				thirty (30) days of the date the director's determination or disposition is
				mailed to the respondent. The appeal shall be in writing and signed by the
				respondent and shall set forth the factual basis for the appeal and the nature
				of the relief requested. An appeal may request a stay of the director's
				determination or disposition pending a decision of the commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.15 - STIPULATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. At any time
				before the issuance of a final order, the director and the respondent may agree
				to resolve a case by stipulation. The stipulation may include assessment or
				waiver of a civil or administrative penalty or other sanctions.
B. A stipulation shall include:
(1) an admission by the respondent of all
				jurisdictional facts;
(2) an
				express waiver of the right to pursue further procedural remedies before the
				commission and of the right to seek judicial review or otherwise challenge or
				contest the validity of the stipulation;
(3) an acknowledgement that the notice of
				probable violation may be used to construe the terms of the
				stipulation;
(4) an acknowledgement
				that the stipulation will be considered a violation for purposes of penalties
				for subsequent violations; and
(5)
				a statement of the actions to be taken by the respondent and the time by which
				each action shall be accomplished.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.16 - FINAL ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
After a hearing, and the consideration of any exceptions
				  pursuant to the PRC rules of procedure, the commission shall issue a final
				  order that includes:
A. findings of
				fact and conclusions of law;
B. the
				amount of the penalty and the procedure for its payment, if a civil or
				administrative penalty is assessed; and
C. a statement of the actions required to be
				taken by the respondent and the time by which each action must be
				accomplished.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.17 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				respondent shall pay an administrative or civil penalty agreed to in a
				voluntary settlement agreement or assessed in a director's disposition or
				commission final order by certified check or money order made payable to the
				New Mexico Public Regulation Commission and shall submit the payment to the
				address provided by the commission.
B. If a respondent fails to pay the full
				amount of an administrative or civil penalty within twenty (20) days of receipt
				of a director's disposition or commission final order, or other time frame
				specified in the disposition or order, the commission or director may file an
				action in district court to collect the assessed penalty.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.18 - REFERRAL FOR PROSECUTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an employee of the transportation division of the New
				  Mexico public regulation commission becomes aware of any actual or possible
				  activity subject to criminal penalties under Section
				  70-3-19
				  NMSA 1978, the employee shall report such actual or possible activity to the
				  office of the attorney general for the state of New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all one-call notification systems,
				  excavators, and owners and operators of pipelines and other underground
				  facilities in New Mexico with the exemption of those preempted by federal
				  law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  62-14-7.1,
				  62-14-10,
				  70-3-4,
				  and
				  70-3-13
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2019, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Chapter 62, Article
				  14 NMSA 1978 by providing procedures for preventing damage to underground
				  utilities and for dealing with damage when it occurs during excavation
				  activities.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section
				  62-14-2
				  NMSA 1978,
				  18.60.2.7
				  NMAC and
				  18.60.4.7
				  NMAC, as used in this rule:
A.
Definitions beginning with "A": access information
means a
				telephone number, a facsimile number, an email address, and, if available, a
				web site address;
B.
Definitions beginning with "B": bid locate
means the marking of
				underground facilities at the request of a project owner or project engineer
				for the purpose of providing information to persons bidding on a
				project;
C.
Definitions
				beginning with "C": [RESERVED]
D.
Definitions beginning with "D":
				design locate
means the marking of underground facilities at the request
				of a project owner or project engineer for the purpose of providing information
				to persons designing a project;
E.
Definitions beginning with "E":
(1)
effective date
excludes the
				day that advance notice is provided as may be required in this rule, whereby
				the computed date shall begin at 12:01 a.m. after two full working
				days;
(2)
emergency
				locate
means the marking of underground facilities at the request of a
				person for an underground facility owner as soon as practical, ideally within 2
				hours for the purpose of an emergency excavation;
(3)
excavation locate
means the
				marking of underground facilities for the purpose of providing information at
				the request of an excavator planning to commence excavation for the excavator's
				project;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.8 - RESPONSIBILITIES OF ONE-CALL NOTIFICATION SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A one-call notification system shall:
A. provide toll-free access;
B. provide to the commission quarterly the
				name, contact person, and access information for each member of the one-call
				notification system;
C. notify the
				commission of the service area in which the one-call notification system
				operates;
D. have a written
				coordination agreement with other one-call notification systems operating in
				New Mexico;
E. keep a record of all
				locate requests, tickets, and clears for five years and make such records
				available to the commission upon request;
F. provide monthly reports to the commission,
				no later than the tenth of each month, with the following information:
(1) average wait time for answered calls for
				the previous month;
(2) number of
				calls received for the previous month;
(3) number of tickets generated for the
				previous month;
(4) number of
				requests by type (regular, priority, emergency) for the previous
				month.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.9 - RESPONSIBILITIES OF UFOs

Current through Register Vol. 35, No. 13, July 16, 2024
A. A UFO
				shall report any changes to the information required by Subsection B of
				18.60.5.8
				NMAC to the one-call notification system(s) at least seven days prior to the
				effective date.
B. A UFO shall
				retain records of locate requests, excavation notices and underground facility
				damage information for a period of five years and make such records available
				to the commission upon request.
C.
				A UFO that utilizes contractors to perform locate and excavation activities or
				damage investigations on its behalf shall be responsible for compliance with
				Chapter 62, Article 14 NMSA 1978 and these rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.10 - LOCATE REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
An excavator shall make an excavation locate request for all
				  projects involving excavation, including road maintenance, with the exception
				  of subsurface potholing or vacuum excavation activities conducted solely for
				  the purpose of physically exposing or locating underground facilities. However,
				  this exception does not preclude compliance with
				  18.60.5.18
				  NMAC. Although not required under the Excavation Damage to Pipelines and
				  Underground Utility Lines Law, Sections
				  62-14-1,
et seq
. NMSA 1978, or this rule, locate requests are
				  encouraged for excavation projects involving purely non-mechanical
				  means.
A.
Submittal.
(1) An excavator shall submit an excavation
				locate request to each one-call notification system:
(a) by telephone or in person during normal
				business hours Monday to Friday, excluding holidays; or
(b) by facsimile or electronically via online
				web portal with appropriate one-call notification center twenty-four hours a
				day, seven days a week.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.11 - WIDE AREA LOCATE REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
An excavator who expects a project to take more than 15
				  working days to complete shall either request separate locates which meet the
				  requirements of Subsection B of
				  18.60.5.10 NMAC
				  or follow the conference procedure set forth in this section.
A. If an excavator expects that an excavation
				will take more than 15 working days to complete, the excavator shall contact
				the one-call notification system to request a wide area conference a minimum of
				two working days prior to the wide area conference and provide the proposed
				date, time, and location for the conference. The one-call notification system
				shall process the request as provided in Subsection K of
				18.60.5.8
				NMAC.
B. A UFO shall contact an
				excavator who requests a wide area conference within two working days of the
				issuance of the conference ticket and confirm proposed conference schedule. A
				UFO shall be physically represented at a scheduled wide area conference. If a
				UFO cannot attend the scheduled wide area conference, it shall make
				arrangements to meet with the excavator who requested the wide area conference
				not to exceed five working days of the scheduled wide area
				conference.
C. At the conference,
				the excavator shall develop a written work plan that includes the minimum
				information required under Subsection C of
				18.60.5.10 NMAC
				in consensus with each UFO, which shall be signed by all parties. Updates or
				revisions to the work plan shall also be in writing and signed by all
				parties.
D. After the work plan has
				been signed by all parties, an excavator shall request a wide area excavation
				locate. The one-call notification system shall process the request as provided
				in Subsection K of
				18.60.5.8
				NMAC. The excavation ticket shall reference the wide area conference ticket
				number and cite the work plan as the description of the work to be
				performed.
E. An excavator working
				pursuant to a wide area excavation locate ticket shall request reaffirmation of
				the wide area locate ticket every 15 working days. For the purpose of
				reaffirmation, a working day begins on the date and time stamped on the ticket
				and ends 15 working days from such date and time. The excavator and UFO(s)
				shall continue to comply with the approved work plan established per Subsection
				C of
				18.60.5.11
				NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.12 - DESIGN AND BID LOCATE REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A project owner or project engineer shall request information
				  regarding the location of underground facilities for design projects or bids in
				  accordance with either Subsection A or B of this section, but may not switch
				  methods once having made an election unless the existing utilities cannot be
				  located by the UFO(s) in accordance with the requirements of applicable laws.
A.
Physical locates:
(1) A project owner or project engineer may
				request a design or bid locate from one-call notification systems and
				non-member UFOs.
(2) The one-call
				notification system and non-member UFOs for the intended excavation area shall
				issue a ticket marked "bid locate" or "design locate" as appropriate.
(3) UFOs shall physically mark or clear the
				location of underground facilities on the site through a positive response
				system within two full working days from the date of the ticket.
(4) If one or more underground facilities
				have not been marked and positive response has not been provided, a project
				owner or project engineer shall call the one-call notification system for
				verification that advance notice was transmitted to the UFO and to provide
				notice that the underground facilities have not been located or cleared via a
				warning locate request. UFOs shall promptly respond to warning locate requests,
				ideally within two hours.
(5)
				Designers or bidders, as appropriate, shall capture data from the site within
				10 working days from the end of the two day marking period.
(6) A project owner or project engineer shall
				not request relocates or time extensions for a design or bid locate.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.13 - MARKING EXCAVATION SITES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Excavators:
As provided under Subsection B of
				18.60.5.10 NMAC,
				excavators shall mark all proposed excavation sites in accordance with American
				public works association (APWA) standards to improve communication between the
				excavator and UFO. In assessing administrative penalties for violation of the
				Excavation Damage to Pipelines and Underground Utility Lines Law, Section
				62-14-1
et seq
. NMSA 1978 and this rule, the commission may consider
				whether and how well an excavator marked a proposed excavation site.
				Pre-marking a site in white indicates the actual excavation site (not limits of
				construction) and, therefore, will supersede marking instructions provided on
				locate requests and be used to determine alleged violations during staff
				investigations. When an excavator fails to pre-mark the actual excavation site,
				UFOs shall mark per the spotting instructions provided on the locate request
				and register a positive response indicating the site was not
				pre-marked.
B.
UFOs:
(1) A UFO shall mark underground facilities
				for excavation purposes in accordance with the APWA standards.
(2) A UFO shall locate and mark its
				underground facilities within two full working days from the effective date of
				the ticket in accordance with Subsection A of 62-14-5 NMSA 1978.
(3) If a UFO determines it does not have
				underground facilities within the proposed limits of the excavation site, a UFO
				shall provide positive response to the one-call notification's positive
				response registry system and may write "clear" or "no underground facilities"
				and the UFO's name at the site in the appropriate color.
(4) The locate markings shall be valid for 15
				working days from the end of the advance notice period. For the purpose of
				excavation, a working day begins on the work to begin date and time stamped on
				the ticket and ends 15 working days from such date and time.
(5) A UFO shall provide appropriate positive
				response to the one-call notification's positive response registry system for
				all advance notifications, including wide area, design, bid, standard, and road
				maintenance locate requests or conferences.
(6) If a UFO fails to mark its underground
				facility in accordance with the requirements of applicable laws, the UFO may be
				liable to the excavator, project owner, and project engineer in accordance with
				Subsection C of 62-14-5 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.14 - IDENTIFYING UNDERGROUND FACILITIES FOR ROAD MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
In response to an excavation locate request for road
				  maintenance, a UFO shall physically mark or locate by marker its underground
				  facilities that are parallel or cross the road, as provided in Subsection
				  A.
A. Underground facilities that
				parallel or cross the road.
(1)
Physical locate.
A UFO may physically mark the location of all
				underground facilities that are parallel or cross the road to be maintained if
				the UFO deems the facilities to be in conflict with the road maintenance
				activity. If the UFO deems the facilities not to be in conflict with the road
				maintenance activity, then the UFO may "clear" the ticket with the excavator
				using the procedure for positive response set forth in
				18.60.5.13
				NMAC.
(2)
Locate by permanent
				marker
. Alternatively, a UFO may use a system of permanent markers to
				indicate the location of underground facilities that parallel or cross the road
				to be maintained. Such markers shall:
(a)
				only be used for the purposes of road maintenance;
(b) be durable enough to withstand normal
				weathering;
(c) be the same APWA
				color as is designated for marking the UFO's type of underground facility;
				and
(d) have a decal on the marker
				specifying the depth of the underground facility at the marker.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.15 - EXCAVATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pre-excavation
: Before excavating, an excavator shall determine
				whether all underground facilities have been marked.
(1) If all underground facilities have been
				marked or cleared through a positive response system and the advance notice
				marking period has expired, the excavator may begin excavating.
(2) If one or more underground facilities
				have not been marked and positive response has not been provided, an excavator
				shall, prior to commencing excavation, call the one-call notification system
				for verification that advance notice was transmitted to the UFO and to provide
				notice that the underground facilities have not been located or cleared via a
				warning locate request. UFOs shall promptly respond to warning locate requests
				ideally within two hours.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.16 - EMERGENCY EXCAVATION AND DAMAGE REPORTING PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies whenever failure of or damage to
				  underground facilities or public infrastructure requires emergency excavation
				  as defined in Subsection E of Section
				  62-14-2
				  NMSA 1978 and excavation shall be promptly commenced, ideally within 24
				  hours.
A.
Excavators:
An
				excavator who damages an underground facility while excavating with mechanical
				or non-mechanical equipment shall exercise prudence and shall:
(1) stop excavating immediately;
(2) call 911 if appropriate and the operator
				of the damaged underground facility and 811 to report the damaged
				facility;
(3) secure the site and
				direct people and traffic a safe distance away from the site of the
				damage;
(4) not leave the scene
				until authorized by an emergency responder or the operator of the damaged
				underground facility; an excavator may leave the scene without such
				authorization only if the excavator has made reasonable, if unsuccessful,
				efforts to contact the affected UFOs and has safely secured the site;
(5) not resume work within an unsafe distance
				of the damage until authorized by the operator of the damaged underground
				facility.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.17 - ABUSE OF THE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A person shall be deemed to have willfully failed to comply
				  with this rule or Chapter 62, Article 14 NMSA 1978 and shall be subject to the
				  penalties in Section
				  62-14-8 NMSA
				  1978 if the person:
A. requests a
				locate for an area that cannot reasonably be excavated in 15 working
				days;
B. provides misinformation or
				withholds information regarding the size of an excavation area;
C. requests locates that unduly burden a
				one-call notification system or UFO;
D. requests a locate for fraudulent
				reasons;
E. fails to process locate
				requests within the requisite timeframe;
F. fails to mark, or provide positive
				response for its underground facilities within the requisite
				timeframe;
G. fails to determine if
				all underground facilities have been marked or cleared;
H. commences excavation prior to the
				expiration of the advance notice period;
I. obliterates markings at an excavation site
				without providing temporary offset marks or stakes;
J. alters any record relating to excavation
				activity;
K. fails to pre-mark the
				actual intended excavation route or site(s) as required;
L. fails to report or file a report of damage
				within requisite time frame; or
M.
				commits any other act that the commission determines violates Chapter 62,
				Article 14 NMSA 1978 or this rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.18 - REPORTS OF THIRD PARTY DAMAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A UFO shall report to the director or pipeline safety bureau any incident in
				which the owner or operator's underground facility is damaged by excavation
				activities. Such report, where practicable, shall be submitted using the
				commission's website at:
				http://nmprc.state.nm.us/transportation/pipeline-safety.html. For purposes of
				this subsection, incident is to be taken in its general sense and is not to be
				restricted to the definition given in
				49
				CFR 191.3.
B. The report shall be filled out in its
				entirety and should include any and all information, such as pre-dig and
				post-damage photos, the UFO used to determine probable cause and support or
				justifies its position.
C. The
				report shall be submitted within 30 calendar days of occurrence. Any additional
				information provided after the 30 day deadline may be considered on a case by
				case basis.
D. The UFO shall make
				available to the director or staff, within a reasonable time, such other
				information or documentation as the director or staff may require regarding any
				damage reportable under this section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.19 - ALTERNATIVE DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The commission encourages owners and operators of underground facilities,
				project owners, project engineers, and excavators to privately negotiate and
				settle disputes arising from excavation damage to underground facilities and
				construction or design expenses related to improper underground facility
				location.
B. In the event the
				parties are unable to resolve such disputes privately, any owner or operator of
				underground facilities, project owner, project engineer, or excavator may
				request mediation or arbitration from the commission.
C. Staff may participate in mediation or
				arbitration proceedings.
D. In
				mediation and arbitration proceedings, persons shall be represented in
				accordance with the requirements of
				18.60.4.11
				NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.20 - MEDIATION OF EXCAVATION DAMAGE DISPUTES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Designation of mediator
. If
				any of the parties request mediation, the commission shall designate a
				mediator. The mediator may be a permanent or temporary employee of the
				commission or another state agency or any other individual acceptable to the
				parties. If the parties request a mediator who is not an employee of the
				commission, the commission shall not approve the request unless the parties
				agree in writing to bear as their own the costs of obtaining the mediator's
				services. The mediator shall have no official, financial, or personal conflict
				of interest with respect to the issues in controversy, unless such interest is
				fully disclosed in writing to all parties at the time the mediator is assigned
				by the commission and all parties agree that the mediator may serve. The
				mediator shall not, subsequent to serving as a mediator in an excavation damage
				dispute, participate in any subsequent proceeding in the same cause as a
				hearing examiner, advisory staff, staff counsel or expert witness, or as an
				attorney, expert witness, or representative of any party to the
				proceeding.
B.
Duties of
				mediator.
The mediator shall notify the parties by telephone or mail of
				the time and place of the mediation conference, which will be held at
				commission offices unless otherwise directed by the mediator. The notice may
				direct the parties to send the mediator, but not other parties, their
				settlement positions and other necessary information that could facilitate the
				mediation conference, including the results of staff's investigation of the
				damage. In addition, the mediator may require counsel to have their clients
				present at the mediation conference or accessible by telephone. The mediation
				conference shall be held within 20 days of the date of the notice unless good
				cause is shown for an extension. If the parties are able to reach a settlement
				of their dispute, in appropriate cases the mediator shall assist the parties in
				preparing a written agreement to reflect that resolution. If the parties are
				unable to reach a complete settlement of their dispute, the mediator shall
				advise the parties that they may request arbitration or file an action for
				civil liability for damages in district court.
C.
Inadmissibility of settlement
				offers.
Offers of settlement and statements in furtherance of settlement
				made in the course of mediation are privileged and, except by agreement among
				all parties, shall not be admissible as evidence in any formal hearing before
				the commission nor disclosed by the mediator voluntarily or through discovery
				or compulsory process.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.21 - BINDING ARBITRATION OF EXCAVATION DAMAGE DISPUTES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Request for arbitration.
Any
				party to a dispute arising from excavation damage to underground facilities may
				request binding arbitration of the dispute. The request shall be in writing to
				the commission and shall include a concise statement of the grounds for the
				dispute, the remedy sought, and an acknowledgment that the requesting party
				agrees to be bound by the decision of the arbitrator. The commission shall
				forward the request for arbitration to all other parties and require that they
				submit a written response within 10 days of receipt of the commission's letter
				forwarding the request.
(1) If the other
				parties agree to arbitration of the dispute, they shall include in their
				response to the commission a concise statement of their position with regard to
				the merits of the dispute and an acknowledgment that they agree to be bound by
				the decision of the arbitrator.
(2)
				If the other parties will not agree to arbitration, they shall so state in
				their response.
(3) If the other
				parties either fail to respond to a request for arbitration or do not agree to
				arbitration, the requesting party retains the right to proceed with an action
				for civil liability for damages in district court.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION › Section 18.60.5.22 - WAIVER OR VARIANCE FROM RULE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission may, in its discretion,
				waive or vary any requirement of this rule whenever the commission finds that
				such waiver or variance would be in the public interest.
B. An excavator, project owner, project
				engineer, one-call notification system, or UFO that cannot meet one or more of
				the requirements of this rule may petition the commission for a waiver or
				variance. The petition shall be in writing and shall include:
(1) a list of those requirements which the
				excavator, project owner, project engineer, one-call notification system, or
				UFO wishes to have waived or varied;
(2) an explanation and description of the
				specific conditions which prevent the requirement from being met;
				and,
(3) a statement of steps
				already taken and to be taken, with projected time limits for each step, in
				attempting to meet the requirements.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to one-call notification systems subject to
				  the jurisdiction of the commission pursuant to applicable
				  laws.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  8-8-4
				  and
				  62-14-7.1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2014, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to impose requirements on
				  one-call notification systems regarding the implementation of 811 as the
				  toll-free, abbreviated dialing code to be used by the public to provide advance
				  notice of excavation activities and report damages to one-call notification
				  systems and thereby to underground facilities operators as required by federal
				  law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section
				  62-14-2
				  NMSA 1978 and
				  18.60.4.7
				  NMAC, and
				  18.60.5.7
				  NMAC, as used in this rule,
non-jurisdictional entity
means an
				  underground facility operator not subject to federal and state excavation laws.
				  Generally, non -jurisdictional entities are operators specifically exempt in
				  federal or state excavation law or exempt operators with facilities in
				  geographical areas where state and federal excavation law does not apply as a
				  matter of law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.8 - RELATIONSHIP TO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, this rule is not intended to
				  supersede any other rule of the commission but to supplement such rules.
				  Nevertheless, if any provision of this rule is inconsistent with the provisions
				  of any other commission rule, the provisions of this rule shall apply. The
				  responsibilities of telecommunications carriers relating to 811 implementation
				  are prescribed in 17.11.26 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 6 - ONE CALL NOTIFICATION SYSTEMS REQUIREMENTS FOR 811 SERVICES › Section 18.60.6.9 - RESPONSIBILITIES OF ONE-CALL NOTIFICATION SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
During normal working hours, one-call notification systems
				  shall follow the following procedures.
A.
Emergency calls.
One-call
				notification systems shall instruct callers that emergency calls should be made
				directly to 911, and when necessary, shall conference the caller directly into
				911. One-call notification systems shall process emergency calls made by
				underground facility operators in accordance with Subsection B of 18.60.5.16
				NMAC.
B.
Calls intended for
				other states.
One-call notification systems shall provide direct phone
				numbers for any calls intended for a one-call notification system located in an
				adjacent state to the appropriate state one-call notification system.
C.
Non Jurisdictional Entities.
One-call notification systems shall establish a registry of volunteer
				non-jurisdictional entities in accordance with 18.60.5.8 (H) NMAC. One-call
				notification systems shall provide the following procedures for excavation
				locate requests and reporting of damages.
(1)
				the one-call notification system shall forward free of charge a locate or
				damage ticket to the non-jurisdictional entity when incoming calls are related
				to excavation work intended for the geographical area of the non-jurisdictional
				entity;
(2) the one-call
				notification system shall instruct the caller that the locate or damage ticket
				will be sent to the appropriate non-jurisdictional entity;
(3) the one-call notification system shall
				instruct the caller that non-member underground facility operators may exist
				within the geographical area of the intended excavation and that the caller is
				required to directly contact and notify any non- member underground facility
				operators of the intended excavation; and
(4) the one-call notification system shall
				issue tickets to any member underground facility operator operating within the
				geographical boundaries of the non-jurisdictional entity.