N.M. Admin. Code § 19.17.2.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.17.2.21 - LICENSE SUSPENSION, MODIFICATION OR REVOCATION

A. The commission may suspend or revoke or refuse to renew a license for any one or any combination of the following causes:

(1) incompetence;

(2) dishonest practice;

(3) false or fraudulent representation in obtaining a license under this rule;

(4) failure to comply with any of the provisions of the Weather Control Act, this rule or applicable state, tribal or federal law; or

(5) aiding other persons who fail to comply with any of the provisions of the Weather Control Act, this rule or applicable state, tribal or federal law.

B. When it appears to the weather control committee that a threat to life or property exists or is imminent, or the commission or its staff has been notified of a probable impending emergency or the operation fails to maintain compliance with this rule, the weather control committee may summarily order the operator to immediately suspend, terminate or modify all operations within the area affects by such operations.

(1) Notification of suspension, modification or termination of an operation shall be given in the most expeditious manner under the circumstances.

(2) Regardless of the manner of initial notification, it is to be followed within two (2) business days by facsimile or a certified letter of particulars addressed to the licensed holder stating the time and place for holding a hearing on the question of taking permanent action to modify or cancel the license.

(3) In the event that the weather control committee summarily suspends or modifies a license, it shall issue a report to the commission for its consideration at its next regularly scheduled meeting. The commission may hold an informal hearing on the matter to allow any person who would qualify as a hearing participant a reasonable opportunity to be heard on this issue.

(4) Whether or not the commission reinstates operations, and when such reinstatement may take place, will depend, among other things, upon the conditions that develop within the operations area and target area and if the requirements of the Weather Control Act, this rule, applicable state, trial and federal law and the commission are met.

(5) The commission or the weather control committee may initiate any necessary actions in a court of competent jurisdiction in the event that the operator fails to adhere to any order under this section.

C. Each license issued will include suspension criteria regarding operations that shall be applied to protect life and property.

D. Failure of the operator to notify the commission's staff of an existing or impending or reasonably foreseeable emergency threat to life or property is grounds for cancellation of the license and immediate termination of the operation.

N.M. Admin. Code § 19.17.2.21

19.17.2.21 NMAC - N, 01-15-2005