1. A. The administration and enforcement of the Utility Operators Certification Act is vested in the department.

2. B. The department shall:

   1. (1) approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of public water supply system operators or public wastewater facility operators;
   2. (2) prepare and administer written and practical examinations, based on nationally accepted standards, for certification of applicants as operators for one of the facility classifications established pursuant to Subsection A of Section 61-33-4 NMSA 1978;
   3. (3) enter into agreements, contracts or cooperative arrangements with persons;
   4. (4) receive and accept financial and technical assistance;
   5. (5) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]; and
   6. (6) issue, renew, suspend or revoke licenses or discipline a licensee in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].

History: 1953 Comp., § 67-40-3, enacted by Laws 1973, ch. 394, § 3; recompiled § 61-33-3; Laws 1992, ch. 44, § 3; 2005, ch. 285, § 2; 2022, ch. 39, § 101.

ANNOTATIONS

Cross references. — For water quality control commission, see 74-6-3 NMSA 1978.

The 2022 amendment, effective May 18, 2022, required the department of environment to promulgate rules in accordance with the State Rules Act and to issue, renew, suspend or revoke licenses or discipline a license in accordance with the Uniform Licensing Act; and in Subsection B, added Paragraphs B(5) and B(6).

The 2005 amendment, effective July 1, 2005, changes "commission" to "department" in Subsection A, deletes the former provision of Subsection A which provided that the commission may delegate the administration and enforcement of the Utility Operator Certification Act to the department except adoption of regulations and conduct of hearings; adds Subsections B(1) through (4) to provide the duties of the department with respect to approval and accreditation of schools and training programs, examinations, agreements and contracts and financial and technical assistance.

The 1992 amendment, effective March 6, 1992, designated the formerly undesignated provisions as Subsection A, deleted "water quality control" preceding "commission" in Subsection A, and added Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 569; 61A Am. Jur. 2d Pollution Control § 129; 78 Am. Jur. 2d Waterworks and Water Companies §§ 1, 38.

39A C.J.S. Health and Environment §§ 45, 46, 131.