N.M. Admin. Code § 19.17.2.14

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.17.2.14 - LICENSE APPLICATION PROCEDURES AND REQUIREMENTS

In order to apply for a license an applicant must complete the part A application demonstrating professional qualifications for conducting operations and must complete part B of the application presenting a detailed project scope of the operation to be conducted.

A. Part A of the application includes the following requirements:

(1) an application fee of one hundred dollars ($100.00) with the completed application form;

(2) designation of an operations director having the minimum professional and education requirements of two (2) years of supervisory experience with weather control projects and one of the following four (4) additional requirements:

(a) a masters of science degree in meteorology or related field; or

(b) a bachelor's degree in meteorology, plus two (2) additional years of recent experience in weather control field operations within the last five (5) years; or

(c) a bachelor's degree in engineering, mathematics or applicable physical or natural sciences including at least twenty-five (25) semester hours of meteorological course work plus two (2) additional years of experience in weather control field operations within the last five (5) years; or

(d) a bachelor's degree in meteorology and a manager certification by the weather modification association;

(3) a resume of the operations director and a resume from each individual who will significantly participate in the operation; each resume shall demonstrate sufficient knowledge and competence in the field of meteorology and cloud physics; if the operator is an organization, any individual and individuals who significantly participate in the operation shall meet the requirements of this subparagraph;

(4) proof of financial responsibility (see 19.17.2.15 NMAC).

B. Part B of the application shall include identification of the following:

(1) the name and address of the applicant;

(2) name and address of the operations director;

(3) the sponsor(s) on whose behalf(s) the operation is to be conducted;

(4) the operations area and the target area;

(5) the weather control hypothesis, and a detailed operational plan for implementing the hypothesis;

(6) the intended effect of the operation;

(7) the materials and apparatus to be used in conducting the operation;

(8) suspension criteria;

(9) the period of operation, including starting and ending date (the operation need not be continuous);

(10) a plan, acceptable to the commission, for quantitatively and critically assessing the effects of the proposed operation;

(11) a completed notice of intention for license; a completed notice of intention shall accompany each application and shall be filed on a form furnished by the commission; and

(12) any additional information as the commission or the weather control committee may deem appropriate.

C. Part A and Part B of the application shall be submitted at least one hundred twenty (120) days prior to the proposed commencement date of the operation for which the license is being sought, to allow time to publish the notice of intention, hold a hearing in the event the application is protested or if the applicant requests a hearing after the commission's staff recommends license denial, review the operation information presented, and allow action by the commission prior to the proposed commencement date of the operation. The commission may waive the one hundred twenty (120) day period in part or whole for good cause and at the sole discretion of the commission.

D. A license is neither assignable nor transferable.

E. Any operation for which a license is granted shall be conducted under the personal direction of the operations director listed on the license.

F. The applicant shall notify the commission's staff in writing within fifteen (15) days of any substantive changes to any of the information submitted in the application.

N.M. Admin. Code § 19.17.2.14

19.17.2.14 NMAC - N, 01-15-2005