New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION
Section 20.5.122.2202 - DISQUALIFICATION OF FIRMS
Universal Citation: 20 NM Admin Code 20.5.122.2202
Current through Register Vol. 35, No. 6, March 26, 2024
A. The department may disqualify a qualified firm if the department determines that the firm has:
(1) knowingly misrepresented a
material fact in its request to become qualified or in any subsequent report or
communication with the department;
(2) failed to comply with any of the
requirements of 20.5.119 NMAC, 20.5.120 NMAC, 20.5.122 NMAC or 20.5.123
NMAC;
(3) failed to complete to the
department's satisfaction the work described in one or more approved workplans;
or
(4) when required to do so by
20.5.122.2201 NMAC, failed to prove to the department's satisfaction that it
has timely paid its subcontractors, suppliers, laboratories and other
entities.
B. A firm that has been disqualified under this section may become eligible to perform corrective action upon satisfactory proof that the firm has remedied, to the department's satisfaction, the problem that lead to disqualification. For purposes of Paragraph (4) of Subsection A of this section, a firm that has timely paid its subcontractors, suppliers, laboratories and other entities for at least six months, and which meets all applicable requirements of 20.5.122.2201 NMAC, shall become eligible to perform corrective action.
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