reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.22 - LP GAS INSTALLATIONS AT SPECIAL EVENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Containers: All containers must be located
				outside the booth, the building, or the enclosure. All containers must be
				secured in a position (usually in an upright position) so that vapor only will
				be present at the vapor service valve. The secured container's device, such as
				a chain, must be able to support the weight of the container plus the
				container's contents. All containers must be approved LP gas container. Any DOT
				cylinder for LP gas must be marked with the re-qualification date(s) if the
				container is more than twelve years old. All containers must be leak-free. Any
				LP gas container showing excessive rust, corrosion, pitting, or denting shall
				not be used. The bottom of each container shall be checked for these
				conditions. All portable DOT cylinders must have a fixed "warning" label that
				includes information on the potential hazards of LP gas. Outlets for all unused
				containers shall be capped or plugged. The vapor service valve must be sealed
				when the container is not in use. (Example: A p.o.l. plug installed in the open
				vapor outlet.) A quick-closing coupling approved for use on LP gas containers
				may be used in lieu of the sealing cap or plug. When a container's water
				capacity is greater than 239 pounds (nominal 100 lb.) An LP gas permit must be
				obtained before using such container.
B. Hoses: The only hoses that shall be used
				are those approved for use with LP gas. The hose end couplings must be
				installed as recommended by the hose manufacturer. (Unacceptable: an automotive
				screw-type clamp installed on the end of the hose.) All hoses must be
				leak-free. All hoses must be kept out of the way of foot and vehicular
				traffic.
C. Appliances: All
				appliances used in food booths must have an accessible shut-off valve near the
				appliance that can be easily closed in case of an emergency. Only appliances
				that are leak-free and approved for the use of LP gas shall be used.
D. Filling of containers: The filling of LP
				gas containers on site shall be done in a designated area separated from the
				general public or at times when the visitation of the general public is
				minimal. Nylon jackets, cigarette lighters, strikers, and/or matches are not
				allowed in the filling area.
E.
				Leak test: A leak test shall be performed each day before the food booth is
				opened for business, any time a cylinder is exchanged, and any time the LP gas
				system is modified. Soap (without ammonia) mixed with water or a combustion gas
				hand-held electronic leak detector can be used for detection of leaks. The
				entire system must be free of leaks.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.23 - MANUFACTURED HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Exterior gas
				piping.
(1) Location of containers,
				containers and underground piping.
(a)
				Containers, appurtenances and underground piping shall be installed in
				accordance with the currently adopted edition of NFPA 54 and NFPA 58.
(b) Underground gas piping shall not be
				installed under any manufactured home or any attachments to the manufactured
				home. This is an exception to NFPA 54.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.24 - STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts by reference the following standards, as
				  amended herein:
A. 2021 national fuel
				gas code, referred to as NFPA 54;
B. 2020 liquefied petroleum gas code,
				referred to as NFPA 58;
C. 2021
				standard on recreational vehicles, referred to as NFPA 1192;
D. 2010 vehicle gaseous fuel systems code,
				referred to as NFPA 52.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties involved in the servicing or use of commercial
				  weighing and measuring devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the specifications, tolerances and
				  other technical requirements for commercial weighing and measuring
				  devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 103 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES › Section 19.15.103.9 - SPECIFICATIONS, TOLERANCES AND OTHER TECHNICAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The specifications, tolerances and other technical
				  requirements for commercial weighing and measuring devices for the state of New
				  Mexico shall be the same as adopted by the national conference on weights and
				  measures as set forth in
national institute of standards and technology
				  (NIST) handbook 44
, as revised.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties involved in the manufacture or sale of petroleum
				  products as defined in the Petroleum Products Standards Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the specifications and test methods for
				  petroleum products sold or offered for sale in New Mexico that are not
				  addressed by the American society for testing and materials (ASTM) or society
				  of automotive engineers (SAE). Establishes modifications and exceptions to ASTM
				  and SAE standard specifications and test methods for petroleum
				  products.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Director" means
				the director of the New Mexico department of agriculture.
B. "Lead substitute" means any substance
				blended with unleaded gasoline and proportioned to provide the valve seat
				protection provided by at least 0.05 gram lead per U.S. gallon.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 104 - STANDARD SPECIFICATIONS/MODIFICATIONS FOR PETROLEUM PRODUCTS › Section 19.15.104.9 - MODIFICATIONS TO ASTM STANDARD SPECIFICATION FOR AUTOMOTIVE SPARK-IGNITION ENGINE FUEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications
				for temporary exceptions to vapor pressure and vapor liquid ratio
				specifications may be made to the director. The director may grant exemptions
				at his sole discretion, when said applications contain evidence satisfactory to
				the director that outlets marketing gasoline in New Mexico cannot feasibly be
				supplied from bulk terminals furnishing specified volatility level gasoline or
				that customary sources of supply have been temporarily interrupted by product
				shortage and alternate sources furnishing specified volatility level gasoline
				are not available.
B. Minimum
				levels of lead substitutes shall be as follows:
(1) Phosphorus - 0.005 grams per U.S.
				gallon.
(2) Sodium - 0.012 grams
				per U.S. gallon.
(3) Manganese -
				0.032 grams per U.S. gallon.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 105 - LABELING REQUIREMENTS FOR PETROLEUM PRODUCTS › Section 19.15.105.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 105 - LABELING REQUIREMENTS FOR PETROLEUM PRODUCTS › Section 19.15.105.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 105 - LABELING REQUIREMENTS FOR PETROLEUM PRODUCTS › Section 19.15.105.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part addresses the labeling of petroleum products sold
				  or offered for sale in New Mexico as defined by the Petroleum Products
				  Standards Act, and is in addition to other legal labeling
				  requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 105 - LABELING REQUIREMENTS FOR PETROLEUM PRODUCTS › Section 19.15.105.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Director" means
				the director of the New Mexico department of agriculture.
B. "Lead substitute" means any substance
				blended with unleaded gasoline and proportioned to provide the valve seat
				protection provided by at least 0.05 gram lead per U.S. gallon.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 105 - LABELING REQUIREMENTS FOR PETROLEUM PRODUCTS › Section 19.15.105.9 - DISPENSER LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
When any petroleum product is sold from a retail dispenser,
				  the dispenser shall bear on all faces and located as near the customer readout
				  as possible, the following:
A. A label
				stating the grade or type of the product in letters not less than one (1) inch
				in height in appropriate stroke, and in contrasting color to its associated
				background.
B. On gasoline-alcohol
				blends in excess of one (1) volume percent alcohol, a label with letters not
				less than one-half (1/2) inch in height in appropriate stroke, and in
				contrasting color to its associated background, stating the type of alcohol
				used for blending.
C. On gasoline
				blended with lead substitute additives, a label with letters not less than
				one-half (1/2) inch in height and in appropriate stroke, in contrasting color
				to its associated background, stating the fuel contains a lead substitute. The
				active ingredient of the lead substitute must either be a part of the label or
				be available at the location of the dispenser.
D. An octane posting label on any gasoline
				dispenser. In no case shall the posted value be greater than the actual (R+M)/2
				octane.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 106 - OCTANE POSTING REQUIREMENTS › Section 19.15.106.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 106 - OCTANE POSTING REQUIREMENTS › Section 19.15.106.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 106 - OCTANE POSTING REQUIREMENTS › Section 19.15.106.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the requirements for octane rating,
				  certification and posting for automotive spark ignition engine fuel, hereafter
				  called gasoline.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 106 - OCTANE POSTING REQUIREMENTS › Section 19.15.106.9 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All gasoline sold in New Mexico shall have its octane rating
				  determined, certified and properly posted. The requirements can only be met by
				  complying with the regulations found in 16 CFR, Part 306 Automotive Fuel
				  Ratings, Certification and Posting.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties involved in the manufacture, distribution and
				  sale of petroleum products as defined by the Petroleum Products Standards
				  Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for the assessment of administrative
				  penalties for violations of the Petroleum Products Standards Act or rules
				  adopted under the act and specifies the appeal process.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director of the New
				Mexico department of agriculture.
C. "Division director" means the director of
				the division of standards and consumer services within the New Mexico
				department of agriculture.
D.
				"Inspector" means an individual employed by the New Mexico department of
				agriculture who, under the direction of the director, is granted the same
				authority as the director for administration of the Petroleum Products
				Standards Act (PPSA) and associated rules.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.9 - ASSESSING PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The assessment of administrative penalties will be used as an
				  intermediate step between stop sale/stop use orders and court action, or when
				  stop sale/stop use orders are not appropriate or have proven to be ineffective
				  in resolving a problem, and not as a daily punitive enforcement tool. When a
				  duly authorized agent of the director finds, in his judgment, that a person has
				  violated a provision of law or rules adopted pursuant to law, he shall notify
				  the person in writing that the department intends to assess a penalty in
				  accordance with the provisions of this rule. Such penalty may be in addition to
				  or in lieu of administrative actions, such as stop sale orders or stop use
				  orders. The department also reserves the right to file criminal charges
				  according to the provisions of the laws administered by the department.
A. The inspector shall notify his division
				director, through his immediate supervisor, of the proposed penalty. The
				division director shall review the facts in the case, and may request
				additional information. If the division director determines there should be no
				penalty assessed, the alleged violator shall be notified in writing.
B. If the division director, after careful
				review and consideration, determines there should be a penalty assessed, he
				shall make recommendation to the director as to the amount and nature of the
				penalty. The director shall review the facts in the case, and may request
				additional information. If the director determines there should be no penalty,
				the alleged violator shall be notified in writing by the division director. If
				the director determines a penalty is warranted by the facts in the case, he
				shall notify the alleged violator of the amount and nature of the penalty. In
				making his determination as to the nature and amount of penalty, the director
				shall be guided by Sections 10, 11, 12, 13, and 16 of this part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.10 - CAUSE OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. LINE
				1, APPLICABLE TABLE (Classes of Violations, Section 13): Lack of Knowledge -
				When the person who has committed the violation was not aware of the statutory
				requirements, the penalty shall be determined from Line 1, Section
				16.
B. LINE 2, APPLICABLE TABLE
				(Classes of Violations, Section 13): Negligence - When the violation is due to
				negligence, the penalty shall be determined from Line 2, Section 16.
C. LINE 3, APPLICABLE TABLE (Classes of
				Violations, Section 13): Willful - When a person has willfully committed a
				violation, or has committed the same violation three or more times within a
				twelve (12) month period of time, all violations after the second violation
				will be construed to be willful and the penalty shall be determined from Line
				3, Section 16.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.11 - GRAVITY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Factors: Any one of the following factors may be considered in determining the
				gravity of a violation.
(1) Potential
				monetary consequences.
(2)
				Potential for personal injury.
(3)
				Potential for property damage.
(4)
				Degree of inconvenience or deception to a buyer or prospective buyer.
(5) Degree of disregard for the
				law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.12 - FREQUENCY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The more frequently a person commits the same violation, the
				  greater the penalty shall be, as provided by the tables in Section 16.
A. When a person commits the same violation
				more than three (3) times in twelve (12) months, double the penalty for the
				third violation shall be assessed.
B. The period of time in determining
				frequency of violations shall be twelve (12) months. If a person has not
				committed the same offense in twelve (12) months, the next offense shall be
				considered as a first offense.
C. A
				person who has committed the same offense three (3) times in five (5) years
				shall not be protected by the twelve (12) month limitation and shall be subject
				to the penalty for the third offense.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.13 - CLASSES OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Table I will apply to the following violations: PPSA Section(s)
				57-19-29,
				(57-19-30
				A, B), (57-19-31
				B), (57-19-32 A, B, C)
				57-19-33.
B. Table II will apply to the following
				violations: PPSA Section(s)
				57-19-29,
				(57-19-30
				A, B), (57-19-32 A, B, C)
				57-19-33.
C. Table III will apply to the following
				violations: PPSA Section(s)
				57-19-29,
				(57-19-30
				A),
				57-19-33.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.14 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				accused of a violation for which a penalty has been assessed may request a
				hearing before the director to contest the amount of the penalty or whether the
				violation occurred or both.
B. A
				request for a hearing before the director must be in writing and must be
				submitted within fifteen (15) days of notification of penalty.
C. In the event the alleged violator does not
				feel the department followed the correct procedures in arriving at a decision
				in his/her case, the individual may ask the district court to review the
				administrative proceedings and penalty in the manner and to the extent provided
				by the laws of New Mexico. If the penalty is not set aside or abated, the
				original penalty is due and payable as provided in Section 16.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.15 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If no hearing is requested, the penalty is due and payable
				  within thirty (30) days of the issuance of notice of the violation. Failure to
				  pay will be considered an additional offense and the penalty originally applied
				  will be doubled.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 107 - APPLYING ADMINISTRATIVE PENALTIES › Section 19.15.107.16 - PENALTY TABLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. TABLE I
FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE
Gravity A B C A B C A B C
C 1 $ 0 25. 50.
A
U 2 $25. 50. 75. 50. 75. 100.
S
E 3 $50. 75. 100. 75. 100. 125. 100. 200. 300.
B. TABLE II
FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE
Gravity A B C A B C A B C
C 1 $ 25. 50. 75.
A
U 2 $ 50. 75. 100. 75. 100. 125.
S
E 3 $100. 150. 200. 200. 250. 300. 300. 400. 500.
C. TABLE III
FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE
Gravity A B C A B C A B C
C 1 $100. 150. 200.
A
U 2 $150. 250. 400. 250. 400. 600.
S
E 3 $200. 400. 600. 400. 600. 800. 600. 800.
				  1,000.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties involved in the servicing or use of commercial
				  weighing or measuring devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 38, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for the bonding and registration of
				  service technicians and service establishments for commercial weighing or
				  measuring devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Commercial weighing or measuring device"
means any device used or
				employed in establishing the quantity, weight, count, or size of products
				involving a monetary transaction or in computing any basic charge or payment
				for services rendered on the basis of weight or measure.
B.
"Department"
means the New
				Mexico department of agriculture.
C.
"Director"
means the director
				of the New Mexico department of agriculture.
D.
"Full service establishment"
means any person, firm, or company which for the purpose of direct or
				indirect benefit installs, services, repairs, or reconditions commercial
				weighing or measuring devices. (bond required)
E.
"Limited service establishment"
means any person, firm, or company which installs, services, repairs, or
				reconditions commercial weighing or measuring devices solely under its
				ownership. (no bond required)
F.
"Service technician"
means any individual employed by a full or
				limited service establishment who installs, services, repairs, or reconditions
				commercial weighing or measuring devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.9 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				installing, servicing, repairing or reconditioning any commercial weighing or
				measuring device in the state of New Mexico, a service establishment and each
				service technician employed by, or who is a part of, the service establishment
				shall be registered with the department. Application for registration shall be
				on a form supplied by the department with said form duly signed and witnessed.
				By applying for registration, the principal officer of the service
				establishment certifies that each service technician employed by the service
				establishment is fully competent to install, service, repair or recondition the
				class of devices for which registration is applied; has in their possession or
				available for use the required certified test standards and all necessary
				testing equipment, and required reference materials; and has full knowledge of
				all applicable laws, rules, and regulations. At the request of the department,
				an applicant shall submit appropriate evidence of qualifications.
B. This part shall not preclude or limit the
				right and privilege of any individual to install, service, repair, or
				recondition a commercial device owned by him or his employer. However, without
				registration, such individual is not permitted to remove an official
				out-of-order tag or place a device into commercial service.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.10 - ANNUAL REGISTRATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A complete registration will include payment of applicable
				  fees for the registrant and all service technicians as established by an
				  external policy memorandum.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.11 - BOND REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
With the application for full service registration, each
				  service establishment shall furnish a one thousand dollar ($1,000) surety bond
				  payable to the state of New Mexico, or other proof of financial responsibility
				  as may be prescribed by the director, for faithful performance of duty. A bond
				  or other proof of financial responsibility shall apply to each registered
				  service technician employed by the registered service establishment. The bond
				  or other proof of financial responsibility shall be in a form prescribed by the
				  director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.12 - REGISTRATION CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt and acceptance of a properly executed
				  application, the required bond (full service only) and calibration certificate,
				  a "registration certificate" shall be issued for a period not to exceed one
				  year. Registration certificates are non-transferable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.13 - AUTHORITY AND RESPONSIBILITIES OF A REGISTRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A registered service technician or
				registered service establishment shall have the authority to:
(1) remove official tested and approved,
				out-of-order, and not sealed - not legal for trade stickers or tags;
(2) break seals on adjustment
				mechanisms;
(3) place into
				commercial service a device that has been officially rejected;
(4) place into commercial service a new or
				used device.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.14 - PLACE-IN-SERVICE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within five
				calendar days after a new or used device is installed, or a device that has
				been officially rejected has been repaired, the original of the properly
				executed place-in-service report shall be sent to the department. The duplicate
				copy of the report shall be retained by the registered service establishment
				and the triplicate copy of the report shall be given to the owner or operator
				of the device.
B. A
				place-in-service report for the types of devices specified below shall be
				accompanied by the registered service establishment's test report which shows
				that the device was tested and performing within applicable tolerances at the
				time the device was placed into service:
(1)
				For meters (liquid measuring devices) with a capacity of more than 20 gallons
				or 75 liters per minute, a test report shall be required which shows that a
				volumetric prover of sufficient capacity was used to receive a test draft as
				specified in
NIST handbook 44
for the device under
				test.
(2) For devices other than
				those described above, test reports may be required by the director if it is
				determined at his discretion that reports are in the best interest of all
				concerned.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.15 - STANDARDS AND TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A service technician or service
				establishment must possess or have available sufficient certified test
				standards to test in accordance with
NIST handbook 44
requirements the class of devices for which registration is applied.
				Prior to registration, and at least annually thereafter, all standards and
				testing equipment used by the registered service technician or registered
				service establishment shall be examined by the department or another approved
				laboratory and a calibration certificate issued for all standards and testing
				equipment found to be acceptable. A copy of the calibration certificate for all
				standards and testing equipment used by the registered service technician or
				registered service establishment shall accompany the registration
				application.
B. A registered
				service technician or registered service establishment shall not use in
				installing, servicing, repairing, or reconditioning a commercial device any
				standards or testing equipment that has not been certified.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.16 - REVOCATION OF REGISTRATION CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
The director may suspend or revoke a registration certificate
				  in accordance with the procedures set forth in New Mexico department of
				  agriculture administrative procedures and remedies for enforcement actions
				  internal policy.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 108 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 19.15.108.17 - LIST OF REGISTERED SERVICE ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall maintain and supply upon request a list
				  of the registered service establishments.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Petroleum Products Standards Act, Chapter 57, Article 19,
				  Sections 25 through 37, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the conditions and circumstances under
				  which a weighing or measuring device may be marked "NOT SEALED - NOT LEGAL FOR
				  TRADE."
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director of the New
				Mexico department of agriculture.
C. "Registered service establishment" means
				any person, firm, or company registered with the department for the purpose of
				installing, servicing, repairing or reconditioning commercial weighing or
				measuring devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.9 - CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any weighing or measuring device not used for commercial
				  purposes in the state of New Mexico, may be marked "NOT SEALED - NOT LEGAL FOR
				  TRADE" if:
A. the owner of the device
				declares in writing that the device is not used for commercial
				purpose;
B. the director determines
				that a device is not being used for commercial purpose through abandonment,
				location or condition; or
C. the
				director determines that a device cannot be used commercially because of its
				construction or design.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 109 - NOT SEALED NOT LEGAL FOR TRADE › Section 19.15.109.10 - PROHIBITED USE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any device
				marked or tagged as "NOT SEALED - NOT LEGAL FOR TRADE" pursuant to this part,
				shall not be used for commercial purpose nor shall the tag or mark be removed
				until it has been properly placed in service by the department or a registered
				service establishment.
B. Such
				inspection by the department will be at the request of the device owner and may
				require the payment of a fee based on current fee schedules.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the licensing and application process for
				  weather control operations, research, and development pursuant to the New
				  Mexico Weather Control Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  75-3-1 et
				  seq., NMSA 1978, as amended by House Bill 78, 2003 Legislative Session.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2005, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide a consistent
				  licensing and application process for weather control activities, establish
				  additional rules and procedures that govern proceedings before the commission,
				  and to insure the expeditious and orderly handling of all administrative
				  matters consistent with all requirements of state, tribal and federal
				  law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless defined below or in a specific section, all other
				  words used in these regulations shall be given their customary and accepted
				  meanings.
A. "Applicant" means any
				individual, firm, partnership, association, company, corporation, business or
				public trust, federal agency, state agency, the state or any political
				subdivision thereof, municipalities and any other duly constituted legal entity
				that applies for a license.
B.
				"Application" means an application for a license submitted by an applicant to
				the commission.
C. "Apparatus"
				means any device used with the intention of producing artificial changes in the
				composition, motions and resulting behavior of the atmosphere.
D. "Commission" means the New Mexico
				interstate stream commission.
E.
				"Hearing participant" means an applicant, any person or entity filing a protest
				of an application or the commission's staff.
F. "License" means a specific written
				authorization issued by the commission to an operator that has met specified
				qualifications authorizing such operator to engage in operations pursuant to a
				specified project scope in the state of New Mexico.
G. "Operation" means the performance of any
				weather control activity undertaken for the purpose of producing or attempting
				to produce any form or modifying effect upon the weather in the state. An
				operation does not include:
(1) research,
				development and experimental weather control activities by state or federal
				agencies or institutions of higher learning, expected to last no longer than
				six (6) months;
(2) laboratory
				research and experiments;
(3)
				activities engaged in for purposes other than producing or attempting to
				produce any form of modifying effect upon the weather;
(4) emergency activities conducted by public
				entities for the purposes of fire control; and
(5) religious or cultural ceremonies, rites
				or acts that do not utilize artificial methods to alter weather
				phenomena.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.8 - VIOLATIONS AND PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
As provided by Sections
				  75-3-15, NMSA
				  1978, any person violating any of the provisions of the Weather Control Act or
				  this rule shall be guilty of a misdemeanor and a continuing violation shall be
				  punishable as a separate offense for each day during which a violation
				  occurs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.9 - CERTAIN LIABILITIES NOT IMPOSED OR RIGHTS AFFECTED

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in the Weather Control Act or this rule shall be
				  construed to impose or accept any liability or responsibility on the part of
				  New Mexico or any state officials, agents or employees for any weather control
				  activities of any private person or group, or to affect in any way any
				  contractual, tortuous or other legal or equitable rights, duties or liabilities
				  between any private persons or groups.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.10 - COMMISSION AS OPERATOR

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may administer or carry on operations, subject
				  to this rule, by its own officials, agents or employees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.11 - WEATHER CONTROL COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
In the performance of the functions authorized in the Weather
				  Control Act, the commission may establish a weather control committee to advise
				  and make recommendations to the commission concerning licenses and other
				  matters as provided in this rule. Members of the commission or its staff may
				  serve on this committee. The commission shall appoint one member of the
				  committee chairman or chairwoman (chair). In the event that the commission does
				  not establish a weather control committee, all duties of the weather control
				  committee specified in this rule shall be borne by the
				  commission.