N.M. Admin. Code § 20.9.20.29

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

Section 20.9.20.29 - SCRAP TIRE HAULER REGISTRATION DENIAL, REVOCATION, OR SUSPENSION

A. The secretary may deny, revoke, or suspend a scrap tire hauler registration on the basis of information in the application or evidence in the administrative record, or other information that comes to the secretary's attention at any time.

B. Causes for denying, revoking, or suspending a registration include a finding that the applicant or owner or operator has:

(1) knowingly misrepresented a material fact in the application;

(2) refused to disclose or failed to disclose the information required under the provisions of this part or the act;

(3) exhibited a history of willful disregard for the environmental laws of any state or the United States;

(4) had any permit revoked or permanently suspended for cause under the environmental laws of any state or the United States;

(5) violated a term or condition of the registration, any requirement of this part, or any requirement of the act or otherwise endangered public health or welfare;

(6) knowingly misrepresented a material fact at any time after issuance of the registration;

(7) failed to maintain a valid warrant pursuant to 18.3.2 NMAC; or

(8) failed to comply with the Parental Responsibility Act, Sections 40-5A-1 et seq. NMSA 1978 (1998 Cum. Supp.).

C. If the department recommends denial of a scrap tire hauler registration, notice shall be provided to the applicant by registered mail. The applicant may request a hearing on the registration denial by filing a written request for hearing with the hearing clerk within 30 days of receipt of the notice. A request for hearing shall be treated as a hearing determination and the hearing conducted pursuant to 20.1.4 NMAC, Permit Procedures - Environment Department. If no request for hearing is filed within 30 days of receipt of the notice, the recommended denial shall become a final action of the secretary.

D. A scrap tire hauler registration may be revoked or suspended in accordance with the procedures set forth in 20.1.5 NMAC, Adjudicatory Procedures - Environment Department. Operation, if any, shall cease upon the effective date of the revocation or suspension.

N.M. Admin. Code § 20.9.20.29

20.9.20.29 NMAC - N, 8/2/2007