The division may deny approval of a form C-133 if:

1. A. the applicant is a corporation or limited liability company, and is not registered with the secretary of state to do business in New Mexico;
2. B. the applicant is a limited partnership, and is not registered with the New Mexico secretary of state to do business in New Mexico;
3. C. the applicant does not possess a warrant for transportation under the state registration system the public regulation commission administers, if it is required to have such a permit under the applicable statutes or rules; or
4. D. the applicant or officer, director or partner in the applicant, or a person with an interest in the applicant exceeding twenty-five percent, is or was within the past five years an officer, director or partner in the applicant, or a person with an interest in the applicant exceeding twenty-five percent in another entity that possesses or has possessed an approved form C-133 that has been cancelled or suspended, has a history of violating division or other state or federal environmental laws; is subject to a commission or division order, issued after notice and hearing, finding such entity to be in violation of an order requiring corrective action; or has a penalty assessment for violation of division or commission rules or orders that is unpaid more than 70 days after issuance of the order assessing the penalty.

[19.15.34.18 NMAC - Rp, 19.15.34.9 NMAC, 3/31/2015; A, 10/13/2020]