N.M. Admin. Code § 20.9.3.34

Current through Register Vol. 35, No. 17, September 10, 2024

Section 20.9.3.34 - REGISTRATION DENIAL, REVOCATION, OR SUSPENSION

A. The secretary may deny, revoke, or suspend a commercial hauler registration on the basis of information in the application or evidence in the administrative record, or both, after taking into consideration the seriousness of the violation, any good faith efforts to comply with the applicable requirements and other relevant factors.

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, or at any time after issuance of the registration;

(2) refused to disclose or failed to disclose the information required under the provisions of 20.9.2 - 20.9.10 NMAC or the Solid Waste 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; or

(5) violated a term or condition of the registration, any requirement of 20.9.2 - 20.9.10 NMAC, or any requirement of the Solid Waste Act.

C. If the department recommends denial of a commercial 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. 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 commercial hauler registration may be revoked or suspended in accordance with the procedures set forth in 20.1.5 NMAC, Adjudicatory Procedures - Environment Department. Construction, modification and interim operation, if any, shall cease upon the effective date of the revocation or suspension.

N.M. Admin. Code § 20.9.3.34

20.9.3.34 NMAC - N, 08/02/07