N.M. Admin. Code § 18.20.11.26 - EXEMPTION OR VARIANCE
A.
From the requirements of paragraph 9 of subsection B of
18.20.11.8 NMAC. Manufacturers
required to provide service in New Mexico Highway District 4 or 6 pursuant to
paragraph 9 of subsection B of
18.20.11.8 NMAC may negotiate with
each other to develop a plan for jointly providing service to those districts.
The Bureau will consider approving a plan that does not require each
manufacturer to provide service to the whole of highway district 4 or 6 if the
plan provides for a fixed site in any city in the district with a population of
ten thousand (10,000) or more and provides adequate coverage to the rest of the
district. The Bureau may require a new plan if one or more manufacturers who is
a party to the plan ceases to do business in New Mexico and reserves the right
to require coverage of highway district 4 or 6 from each manufacturer
authorized to operate in highway district 3 or 5 if the Bureau determines that
district 4 or 6 is not being adequately covered. Manufacturers requesting
highway districts 3 and 4 or 5 and 6 shall file such a negotiated plan for
highway districts 4 or 6 within thirty (30) days of Bureau approval of the
manufacturers device and territory.
B. From the requirements of any other
provision of this rule.
(1) Any manufacturer,
service center operator, or installer may petition for an exemption or variance
from any of the requirements of this rule. Such petition shall:
(a) identify the section of this rule for
which the exemption or variance is requested;
(b) describe the situation which necessitates
the exemption or variance;
(c)
describe the effect of complying with this rule on the manufacturer, service
center operator, or installer and its customers, and on its competitors and
their customers, if the exemption or variance is not granted;
(d) state how the exemption or variance will
achieve the purposes of this rule and NMSA 1978 Sections
66-5-35 and
66-8-102; and
(e) state why the proposed alternative is in
the public interest and is better than the requirement in the rule.
(2) Such petition may include a
motion that the Bureau stay the affected portion of this rule for the
transaction specified in the motion.
(3) Petitions for an exemption or a variance
and motions for a stay must be supported by an affidavit signed by the
manufacturer, service center operator, or installer or other person with
authority to bind the manufacturer, service center operator, or installer.
(4) The Bureau may, at its
discretion, require an informal conference or formal evidentiary hearing prior
to making its determination.
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