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. 13, July 16, 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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