New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS
Section 19.8.11.1116 - REVIEW OF OWNERSHIP OR CONTROL AND VIOLATION INFORMATION

Universal Citation: 19 NM Admin Code 19.8.11.1116

Current through Register Vol. 35, No. 18, September 24, 2024

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.

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