New Mexico Administrative Code

A. Testimony. Hearings before the commission or a division examiner shall be conducted without rigid formality. The division or commission shall take or have someone take a transcript of testimony and preserve the transcript as a part of the division's permanent records. A person…

A division examiner or the commission chair may continue an adjudicatory hearing before a division examiner or the commission held after due notice to a specified time and place without the necessity of notice of the same being served or published.

A. Subpoenas. The commission or its members and the director or the director's authorized representative have statutory power to subpoena witnesses and to require the production of books, papers, records, other tangible things or electronic data in a proceeding before the commiss…

A. Presentation of evidence. Subject to other provisions of 19.15.4.16 NMAC, the commission or division examiner shall afford full opportunity to the parties at an adjudicatory hearing before the commission or division examiner to present evidence and to cross-examine witnesses. …

The director shall appoint as division examiners division staff who are licensed attorneys, or who have experience in hydrogeology, hydrology, geology, petroleum engineering, environmental engineering or a related field and a college degree in geology, engineering, hydrology or r…

The division examiner to whom the director refers a matter under 19.15.4 NMAC shall have full authority to hold hearings on such matter in accordance with 19.15.4 NMAC, subject only to such limitations as the director may order in a particular case. The division examiner shall ha…

19.15.4 NMAC applies to persons engaged in adjudicatory proceedings before the division or the commission.

Notwithstanding other provisions of 19.15.4 NMAC, the hearing on a matter shall be held before the commission if: A. it is a hearing pursuant to NMSA 1978, Section 70-2-13; or B. the director directs the commission to hear the matter.

Upon conclusion of a hearing before a division examiner, the division examiner shall promptly consider the proceedings in such hearing, and based upon the hearing's record prepare a written report with recommendations for the division's disposition of the matter or proceeding. Th…

After receipt of the division examiner's report, the director shall enter the division's order, which the director may have modified from the division examiner's proposed order, disposing of the matter.

A. De novo applications. When the division enters an order pursuant to a hearing that a division examiner held, a party of record whom the order adversely affects has the right to have the matter heard de novo before the commission, provided that within 30 days from the date the …

Within 10 business days after the division or commission issues an order in an adjudicatory case, including an order granting or refusing rehearing or order following rehearing, the division or commission clerk shall mail a copy of such order to each party or its attorney of reco…

Within 20 days after entry of a commission order a party of record whom the order adversely affects may file with the commission clerk an application for rehearing on a matter the order determined, setting forth the respect in which the party believes the order is erroneous. The …

A. In an adjudicatory proceeding, except for filed pleadings, at no time after a party files an application for hearing shall a party, interested participant or participant's representative advocate a position with respect to the issues the application involves to a commissioner …

19.15.4 NMAC is adopted pursuant to the Oil and Gas Act, Section 70-2-6 NMSA 1978, which grants the oil conservation division and the oil conservation commission jurisdiction and authority over all matters relating to the conservation of oil and gas, the prevention of waste of oi…

Permanent.

December 1, 2008, unless a later date is cited at the end of a section.

To establish procedures for adjudicatory hearings before the division or commission.

[RESERVED]

A. The division, attorney general, an operator or producer or other person with standing may file an application with the division for an adjudicatory hearing. The director, upon receiving a division examiner's recommendation, may dismiss an application for an adjudicatory procee…

A. The division shall publish notice of an adjudicatory hearing in the name of the "State of New Mexico", signed by the director and bearing the commission's seal, stating: (1) the adjudicatory hearing's time and place; (2) whether the case is set for hearing before the commissio…

The Construction Industries Division of the Regulation and Licensing Department.

A. There shall be an annual safety inspection, made by an inspector of the bureau, of each bulk storage plant facility, dispensing station, vehicle fuel dispenser, and cargo container and safety equipment on each vehicular unit used for transportation of LP gas in bulk quantities…

A. Before equipment for the transfer of liquid LP gas may be installed, plans and specifications of the proposed installation must be submitted in TRIPLICATE to the bureau for approval. Written approval must be received before the equipment is installed. B. Plans for proposed loc…

A. Licensees holding LP gas classifications LP-1, LP-3S, LP-4, LP-5, LP-6, LP-10, CNG-1 and LNG-1 with only vehicles of 3,500 gallons water capacity or less shall have combined single-limit public liability insurance or a corporate surety bond in at least the minimum of $500,000.…

A. Any accident/incident where LP gas in any form or any application may have been a factor or could become a contributing factor shall be reported immediately to the LP gas bureau. Likewise, any accident/incident where any CNG or LNG- powered vehicle may have been a factor or co…

A. Printed forms as prescribed by the division shall be used for application for license, licenses, receipts, approvals, disapproval's, installation records, inspection reports and any other purposes for which the bureau may consider standardized forms necessary for expediency. B…

License classifications are defined and annual license fees are set as follows. A. LP-1 wholesale sale or delivery of LP gas $125.00. A licensee under this classification is authorized to wholesale, transport and/or deliver LP gas in vehicular units into or out of any location ex…

A. Stop all internal combustion engines on vehicles to be serviced. B. No smoking or open fires. C. Shut off all pilot lights. D. Remove all passengers from vehicle. E. Do not fill past maximum filling capacities. F. Do not start vehicle until fill connections have separated. G. …

A. Self-service dispensers shall be used to dispense LP gas for motor/mobile fuel only. Only ASME constructed motor/mobile fuel type containers that are permanently secured to a vehicle, that incorporate an 80% stop fill device and ASME constructed stack type containers permanent…

A. All piping and LPappliances must meet current NFPA 54 and NFPA 58 requirements, with the exception that anodeless flexible risers may be used at the tank and at the house. B. LP Gas piping or appliances in attics, under floor area, or below grade must be adequately ventilated.…

A. At commercial sites, industrial sites or schools no person shall move an LP gas container(s) without written permission from the owner, unless such movement is required on an emergency basis to prevent loss of life or property or the spread of fire or as required to eliminate …

A. All individuals or persons performing work that will involve the use of storage or providing service, for LP Gas and all facilities, equipment, appliances, structures or installations in the state of New Mexico. B. The provisions of these rules and regulations shall apply to t…

A. Safe installation. No LP gas container shall be filled or LP gas system used that does not meet the requirements of NFPA 58, NFPA 54 or this document. B. Filling of Containers. Transfer of LP Gas to or from any LP Gas container shall be only by the owner or upon the owners aut…

A. A cylinder exchange installation registration form and approved plans shall be required prior to installation. B. Installation shall meet the requirements of NFPA 58. C. Cylinder exchange cabinets shall be approved, and meet the requirements of NFPA 58; excepting cylinder exch…

A. Containers: All containers must be located outside the booth, the building, or the enclosure. All containers must be secured in a position (usually in an upright position) so that vapor only will be present at the vapor service valve. The secured container's device, such as a …

A. Exterior gas piping. (1) Location of containers, containers and underground piping. (a) Containers, appurtenances and underground piping shall be installed in accordance with the currently adopted edition of NFPA 54 and NFPA 58. (b) Underground gas piping shall not be installe…

This rule adopts by reference the following standards, as amended herein: A. 2021 national fuel gas code, referred to as NFPA 54; B. 2020 liquefied petroleum gas code, referred to as NFPA 58; C. 2021 standard on recreational vehicles, referred to as NFPA 1192; D. 2010 vehicle gas…

These rules and regulations are adopted pursuant to Section 70, Article 5 NMSA 1978 and Section 60-13-9(F) NMSA 1978.

Permanent; until later amended, repealed or replaced.

February 1, 2006, unless a later date is cited at the end of a section.

The objective of 19.15.40 NMAC is to promote the general welfare of the people of New Mexico by providing for the protection of life and property through standards that, when complied with, will result in safer installations, equipment, facilities, appliances, structures, and ser…

A. "Accessible" means having access to; may require the removal of a panel, door or similar covering of the item described. B. "Approved" means acceptable to the authority having jurisdiction. C. "Authority having jurisdiction" means the New Mexico LP gas bureau. D. "Bulk plant" …

The provisions of the codes are not intended to prevent the use of any material, method of construction, or installation procedure not specifically prescribed by the codes, provided any such use is preapproved, in writing, by the LP gas bureau. The provisions of the codes are con…

No licensee or employee of a licensee shall install or modify any appliance or piping system until he has proved his knowledge of acceptable minimum standards by passing an examination required by the bureau. A. All personnel whose duties require that they transport or dispense L…

Energy, Minerals and Natural Resources Department, Oil Conservation Division.

A. General. Whenever the division determines that a person violated or is violating the Oil and Gas Act or a provision of any rule, order, permit or authorization issued pursuant to the Oil and Gas Act, the division may seek a sanction by: (1) issuing a temporary cessation order …