N.M. Admin. Code § 19.6.4.12 - REFUSAL TO CERTIFY OR RECERTIFY AND SUSPENSION OR REVOCATION OF CERTIFICATION
A. The
inspector may refuse to certify or recertify or may suspend or revoke any
certification held or applied for under 19.6.4 NMAC upon grounds that the
applicant or certified person:
(1) gave false
or forged evidence to the inspector to obtain certification;
(2) is grossly negligent or incompetent in
duties as a certified person;
(3)
has failed to maintain certification;
(4) has violated or aided or abetted any
person in a violation of the Federal Mine Safety and Health Act of 1977 or the
New Mexico mine safety laws; or
(5)
has been disciplined by a state mine regulatory authority in another state that
certifies mine personnel.
B. If the inspector contemplates taking any
of the actions described in Subsection A of
19.6.4.12 NMAC for any of the
reasons provided in that subsection, the inspector shall provide written notice
to the applicant or certified person. The notice shall include a statement that
the inspector has sufficient evidence that, if not rebutted or explained, will
justify the inspector in taking the contemplated action, that indicates the
general nature of the evidence and that provides the applicant or certified
person at least 20 days to submit written evidence to rebut or explain the
allegations.
C. If, after the
response period ends, the state mine inspector takes any action of a type
specified in Subsection B of
19.6.4.12 NMAC, the inspector
shall serve upon the applicant or certified person a written notice of the
action containing a statement that the applicant or certified person may file a
petition for review with the mining safety board pursuant to the Mining Safety
Act 69-8-1 NMSA 1978.
Notes
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