N.M. Code R. § 19.8.33.3304 – Certification

A. Issuance of certification. The director shall certify for a period of four years, those candidates examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations in surface coal mining operations.
B. Suspension and revocation.
(1) The director, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall suspend or revoke the certification of a blaster during the term of the certification or take other necessary action for any of the following reasons:
(a) non-compliance with any order of the regulatory authority;
(b) unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;
(c) violation of any provision of the state or federal explosives laws or regulations; or
(d) providing false information or a misrepresentation to obtain certification;
(e) non-compliance with the provisions of the New Mexico Parental Responsibility Act, Sections 40-5A-1 et. seq. NMSA 1978. An applicant for a new certification or recertification shall provide their social security number to the director.
(2) If advance notice and opportunity for hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.
(3) Upon notice of a revocation, the blaster shall immediately surrender to the regulatory authority the revoked certificate.
C. Recertification. The director shall require reexamination, training, and a demonstration of continued blaster competency at a maximum interval of four years.
D. Protection of certification. Certified blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the certifying authority.
E. Conditions. The director shall specify conditions for maintaining certification which shall include the following:
(1) a blaster shall immediately exhibit his or her certificate to any authorized representative of the director upon request;
(2) blasters' certifications shall not be assigned or transferred; and
(3) blasters shall not delegate their responsibility to any individual who is not a certified blaster.
[11-29-97; 19.8.33.3304 NMAC - Rn, 19 NMAC 8.2.33.3304, 9-29-2000]
HISTORY OF 19.8.33 NMAC:
Pre-NMAC History:
The material in Part 33 was derived from that previously filed with the State Records Center and Archives under:
SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76
SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78
SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79
CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.
Other History:
Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2, Coal Surface Mining, filed 11-13-97.
Renumbered 19 NMAC 8.2 Subpart 33 Training and Certification of Blasters, filed 11-13-97, to 19.8.33 NMAC Training and Certification of Blasters, effective 9-29-2000.