N.M. Admin. Code § 18.20.11.26

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.26 - EXEMPTION OR VARIANCE

A. From the requirements of paragraph 9 of subsection B of 18.20.11.8 NMAC. Manufacturers required to provide service in New Mexico Highway District 4 or 6 pursuant to paragraph 9 of subsection B of 18.20.11.8 NMAC may negotiate with each other to develop a plan for jointly providing service to those districts. The Bureau will consider approving a plan that does not require each manufacturer to provide service to the whole of highway district 4 or 6 if the plan provides for a fixed site in any city in the district with a population of ten thousand (10,000) or more and provides adequate coverage to the rest of the district. The Bureau may require a new plan if one or more manufacturers who is a party to the plan ceases to do business in New Mexico and reserves the right to require coverage of highway district 4 or 6 from each manufacturer authorized to operate in highway district 3 or 5 if the Bureau determines that district 4 or 6 is not being adequately covered. Manufacturers requesting highway districts 3 and 4 or 5 and 6 shall file such a negotiated plan for highway districts 4 or 6 within thirty (30) days of Bureau approval of the manufacturers device and territory.

B. From the requirements of any other provision of this rule.

(1) Any manufacturer, service center operator, or installer may petition for an exemption or variance from any of the requirements of this rule. Such petition shall:

(a) identify the section of this rule for which the exemption or variance is requested;

(b) describe the situation which necessitates the exemption or variance;

(c) describe the effect of complying with this rule on the manufacturer, service center operator, or installer and its customers, and on its competitors and their customers, if the exemption or variance is not granted;

(d) state how the exemption or variance will achieve the purposes of this rule and NMSA 1978 Sections 66-5-35 and 66-8-102; and

(e) state why the proposed alternative is in the public interest and is better than the requirement in the rule.

(2) Such petition may include a motion that the Bureau stay the affected portion of this rule for the transaction specified in the motion.

(3) Petitions for an exemption or a variance and motions for a stay must be supported by an affidavit signed by the manufacturer, service center operator, or installer or other person with authority to bind the manufacturer, service center operator, or installer.

(4) The Bureau may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.

N.M. Admin. Code § 18.20.11.26

18.20.11.26 NMAC - N, 1-1-03