N.M. Admin. Code § 4.10.8.23

Current through Register Vol. 35, No. 21, November 5, 2024

Section 4.10.8.23 - DENIAL OF A PERMIT BASED ON PERFORMANCE

The CPRC may deny an application for a permit based on unacceptable performance.

A. The decision to deny a permit application may be based upon factors such as:

(1) a pattern of unacceptable performance by the applicant;

(2) failure of the applicant to improve performance while on probation;

(3) failure of the applicant to obtain the necessary permits or approvals for archaeological investigations on state land;

(4) documentation of the applicant's work on state land while on probation;

(5) failure of the applicant to comply with applicable rules or additional stipulations set forth on the permit, or

(6) falsification by the applicant of information pertaining to qualifications or performance.

B. The CPRC shall inform the applicant, in writing, that a permit application has been denied and shall specify the reason for the denial and shall invite the applicant to attend the next scheduled CPRC meeting to discuss the reasons for denial. If the CPRC denies a project-specific permit, the CPRC shall notify the state agency of its decision.

C. Any applicant who has been denied a permit by the CPRC shall have the right to appeal the decision pursuant to 4.10.8.24 NMAC.

N.M. Admin. Code § 4.10.8.23

4.10.8.23 NMAC - N, 10/01/05, Adopted by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/16/2019