New Mexico Administrative Code
Title 7 - HEALTH
Chapter 18 - AQUATIC VENUES
Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS
Section 7.18.1.19 - REVOCATION OF PERMIT

Universal Citation: 7 NM Admin Code 7.18.1.19

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

A. A permit may be revoked when:

(1) it appears that a violation may affect public health or safety;

(2) any conditions of a permit are violated;

(3) there are willful or repeated violations of any of the requirements in the aquatic venue rules;

(4) the permit has been obtained through nondisclosure, misrepresentation, or misstatement of a material fact; or

(5) the owner or the owner's agent interferes with the department's performance of its duties.

B. Prior to such revocation, the department shall provide an opportunity for a hearing. A department representative shall notify the permit holder in writing stating the reason the permit is subject to revocation and advising that the permit shall be revoked at the end of five working days following service of such notice, unless a request for a hearing is delivered to the department by the permit holder within the five-day period.

C. Owners and operators of public aquatic venues who fail to comply with the provisions of a suspension notice or open their facility to the public without an approved permit will be subject to the penalties described in 7.18.1.56 NMAC.

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