N.M. Admin. Code § 19.8.11.1116 - REVIEW OF OWNERSHIP OR CONTROL AND VIOLATION INFORMATION
A. Following the
verification of ownership or control information pursuant to
19.8.11.1115 NMAC, the director
shall review all reasonably available information concerning violation notices
and ownership or control links involving the applicant to determine whether the
application can be approved under
19.8.7.702 NMAC. Such information
shall include:
(1) with respect to ownership
or control links involving the applicant, all information obtained under
19.8.11.1115 NMAC and
19.8.7.701 NMAC; and
(2) with respect to violation notices, all
information obtained under
19.8.7.702 NMAC, information
obtained from OSM, including information shown in the AVS, and information from
the director's own records concerning violation notices.
B. If the review conducted under Subsection A
of 19.8.11.1116 NMAC discloses any
ownership or control link between the applicant and any person cited in a
violation notice:
(1) the director shall so
notify the applicant and shall refer the applicant to the agency with
jurisdiction over such violation notice; and
(2) the director shall not approve the
application unless and until it determines, in accordance with the provisions
of 19.8.11.1117 and 1118 NMAC, that:
(a) all
ownership or control links between the applicant and any person cited in a
violation notice are erroneous or have been rebutted; or
(b) the violation has been corrected, is in
the process of being corrected, or is the subject of a good faith appeal,
within the meaning of Paragraph (1) of Subsection C of
19.8.11.1105 NMAC.
C. Following the
director's decision on the application (including unconditional issuance,
conditional issuance, or denial of the permit) or following the applicant's
withdrawal of the application, the director shall promptly enter all relevant
information related to such decision or withdrawal into
AVS.
Notes
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