N.M. Admin. Code § 19.8.11.1115

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.11.1115 - VERIFICATION OF OWNERSHIP OR CONTROL APPLICATION INFORMATION

A. In accordance with Subsection E of 19.8.11.1105 NMAC, prior to the issuance of a permit, the director shall review the information in the application provided pursuant to 19.8.7.701 NMAC to determine that such information, including the identification of the operator and all owners and controllers of the operator, is complete and accurate. In making such determination, the director shall compare the information provided in the application with information from other reasonably available sources, including:

(1) the director's inspection and enforcement records; and

(2) state corporation commission or tax records, to the extent they contain information concerning ownership or control links; and

(3) the applicant/violator system; and

(4) other information or records that may be available to the director.

B. If it appears from the information provided in the application pursuant to Subsections C and D of 19.8.7.701 NMAC that none of the persons identified in the application has had any previous mining experience, the director shall inquire of the applicant and investigate whether any person other than those identified in the application will own or control the operation (as either an operator or other owner or controller).

C. If, as a result of the review conducted under Subsections A and B of 19.8.11.1115 NMAC, the director identifies any potential omission, inaccuracy, or inconsistency in the ownership or control information provided in the application, it shall, prior to making a final determination with regard to the application, contact the applicant and require that the matter be resolved through submission of:

(1) an amendment to the application; or

(2) a satisfactory explanation which includes credible information sufficient to demonstrate that no actual omission, inaccuracy, or inconsistency exists; the director shall also take action in accordance with the provisions of 19.8.30 NMAC, where appropriate.

D. Upon completion of the review conducted under this section, the director shall promptly enter into or update all ownership or control information on AVS.

N.M. Admin. Code § 19.8.11.1115

11-29-97; 19.8.11.1115 NMAC - Rn, 19 NMAC 8.2.11.1115, 9-29-2000; A, 4-28-2006