N.M. Admin. Code § 18.60.5.17

Current through Register Vol. 35, No. 20, October 22, 2024

Section 18.60.5.17 - ABUSE OF THE LAW

A person shall be deemed to have willfully failed to comply with this rule or Chapter 62, Article 14 NMSA 1978 and shall be subject to the penalties in Section 62-14-8 NMSA 1978 if the person:

A. requests a locate for an area that cannot reasonably be excavated in 15 working days;

B. provides misinformation or withholds information regarding the size of an excavation area;

C. requests locates that unduly burden a one-call notification system or UFO;

D. requests a locate for fraudulent reasons;

E. fails to process locate requests within the requisite timeframe;

F. fails to mark, or provide positive response for its underground facilities within the requisite timeframe;

G. fails to determine if all underground facilities have been marked or cleared;

H. commences excavation prior to the expiration of the advance notice period;

I. obliterates markings at an excavation site without providing temporary offset marks or stakes;

J. alters any record relating to excavation activity;

K. fails to pre-mark the actual intended excavation route or site(s) as required;

L. fails to report or file a report of damage within requisite time frame; or

M. commits any other act that the commission determines violates Chapter 62, Article 14 NMSA 1978 or this rule.

N.M. Admin. Code § 18.60.5.17

18.60.5.17 NMAC - Rp, 18.60.5.17 NMAC, 8-15-12, Amended by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 12/30/2014, Adopted by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/15/2019, Amended by New Mexico Register, Volume XXXIII, Issue 15, August 9, 2022, eff. 8/9/2022