TITLE 19 NATURAL
RESOURCES AND WILDLIFE
CHAPTER 15 OIL AND GAS
PART 108 BONDING
AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE
ESTABLISHMENTS
FOR COMMERCIAL WEIGHING OR MEASURING DEVICES
19.15.108.1 ISSUING
AGENCY:
New Mexico State University, New Mexico Department of Agriculture
[7/1/97; 19.15.108.1 NMAC - Rn, 19 NMAC
15.108.1, A 1/31/07; A, 5/29/09]
[MSC 3189, P. O. Box
30005, Las Cruces, New Mexico 88003-8005 Telephone: (575) 646-3007]
19.15.108.2 SCOPE: All parties involved in
the servicing or use of commercial weighing or measuring devices.
[7/1/97; 19.15.108.2 NMAC - Rn, 19 NMAC
15.108.2, 01/31/07]
19.15.108.3 STATUTORY
AUTHORITY:
Granted to the board of regents of New Mexico state university under the
Petroleum Products Standards Act, Chapter 57, Article 19, Sections
25 through 37, New Mexico Statutes Annotated 1978.
[7/1/97; 3/1/98; 19.15.108.3 NMAC - Rn, 19 NMAC
15.108.3, 01/31/07]
19.15.108.4 DURATION: Permanent
[7/1/97; 19.15.108.4 NMAC - Rn, 19 NMAC 15.108.4,
01/31/07]
19.15.108.5 EFFECTIVE
DATE:
July 1, 1997
[7/1/97; 19.15.108.5 NMAC - Rn, 19 NMAC
15.108.5, 01/31/07]
19.15.108.6 OBJECTIVE: This part provides for
the bonding and registration of service technicians and service establishments
for commercial weighing or measuring devices.
[7/1/97; 19.15.108.6 NMAC - Rn, 19 NMAC
15.108.6, 01/31/07]
19.15.108.7 DEFINITIONS:
A. “Commercial weighing or measuring
device” means any device used or employed in establishing the quantity, weight,
count, or size of petroleum products involving a monetary transaction.
B. “Department” means the New Mexico
department of agriculture.
C. “Director” means the director of the
New Mexico department of agriculture.
D. “Full service establishment” means
any person, firm, or company which for the purpose of direct or indirect
benefit installs, services, repairs, or reconditions commercial weighing or
measuring devices. (bond required)
E. “Limited service establishment”
means any person, firm, or company which installs, services, repairs, or
reconditions commercial weighing or measuring devices solely under its
ownership. (no bond required)
F. “Service technician” means any
individual employed by a full or limited service establishment who installs,
services, repairs, or reconditions commercial weighing or measuring devices.
[7/1/97; 19.15.108.7 NMAC - Rn, 19 NMAC
15.108.7, 01/31/07]
19.15.108.8 [RESERVED]
19.15.108.9 REGISTRATION:
A. Prior to installing, servicing,
repairing or reconditioning any commercial weighing or measuring device in the
state of New Mexico, a service establishment and each service technician
employed by, or who is a part of, the service establishment shall be registered
with the department. Application for
registration shall be on a form supplied by the department with said form duly
signed and witnessed. By applying for
registration, the principal officer of the service establishment certifies that
each service technician employed by the service establishment is fully
competent to install, service, repair or recondition the class of devices for
which registration is applied; has in their possession or available for use all
necessary testing equipment, certified test standards, and required reference materials;
and has full knowledge of all applicable laws, rules, and regulations. At the request of the department, an
applicant shall submit appropriate evidence of qualifications.
B. This part shall not preclude or
limit the right and privilege of any individual to install, service, repair, or
recondition a commercial device owned by him or his employer. However, without
registration, such individual is not permitted to remove an official
out-of-order tag or place a device into commercial service.
[7/1/97; 19.15.108.9 NMAC - Rn & A, 19 NMAC
15.108.9, 01/31/07]
19.15.108.10 ANNUAL
REGISTRATION FEES: A complete
registration will include payment of applicable fees for the registrant and all
service technicians as established by an external policy memorandum.
[7/1/97; 19.15.108.10 NMAC - Rn & A, 19 NMAC
15.108.10, 01/31/07]
19.15.108.11 BOND
REQUIRED: With the application for full service registration, each service
establishment shall furnish a one thousand dollar ($1,000) surety bond payable
to the state of New Mexico, or other proof of financial responsibility as may
be prescribed by the director, for faithful performance of duty. A bond or other proof of financial
responsibility shall apply to each registered service technician employed by
the registered service establishment.
The bond or other proof of financial responsibility shall be in a form
prescribed by the director.
[7/1/97; 19.15.108.11 NMAC - Rn, 19 NMAC
15.108.11, 01/31/07]
19.15.108.12 REGISTRATION
CERTIFICATE: Upon receipt and acceptance of a properly executed
application, the required bond (full service only) and calibration certificate,
a “registration certificate” shall be issued for a period of one (1) year
unless withdrawn or cancelled for due cause. Registration certificates are
non-transferable.
[7/1/97; 19.15.108.12 NMAC - Rn, 19 NMAC
15.108.12, 01/31/07]
19.15.108.13 AUTHORITY
AND RESPONSIBILITIES OF A REGISTRANT:
A. A registered service technician or
registered service establishment shall have the authority to:
(1) remove official
tested and approved, out-of-order, and not sealed - not legal for trade
stickers or tags;
(2) break seals on
adjustment mechanisms;
(3) place into
commercial service a device that has been officially rejected;
(4) place into
commercial service a new or used device.
B. Prior to placing a device into
commercial service, it shall be the responsibility of the registered service
technician to:
(1) install, service, repair or recondition a
commercial device in such a manner that the device will comply with applicable
requirements set forth in national institute of standards and technology (NIST) handbook 44, as revised, and the Petroleum
Products Standards Act and associated rules;
(2) remove from a commercial device being
installed, serviced, repaired, or reconditioned all existing tested and
approved, out-of-order or not sealed - not legal for trade stickers or tags;
(3) seal all adjustment mechanisms with an
appropriate seal;
(4) affix to
commercial devices installed, serviced, repaired, or reconditioned, a
clearly visible tag or sticker containing the registered service establishment
name or registration number and date on which installation, service, repair or
recondition was performed.
[7/1/97; 19.15.108.13 NMAC - Rn & A, 19 NMAC
15.108.13, 01/31/07]
19.15.108.14 PLACE-IN-SERVICE
REPORT:
A. Within five (5) calendar days after
a new or used device is installed, the original of the properly executed
place-in-service report shall be mailed to the department. The duplicate copy of the report shall be
retained by the registered service establishment and the triplicate copy of the
report shall be given to the owner or operator of the device.
B. Within five (5) calendar days after
repairing a device that has been officially rejected, the bottom portion of the
out-of-order form shall be completed by the registered service technician
performing the repair and the form mailed to the department.
C. A place-in-service report for the
types of devices specified below shall be accompanied by the registered service
establishment's test report which shows that the device was tested and
performing within applicable tolerances at the time the device was placed into
service:
(1) For commercial meters (liquid measuring
devices) with a capacity of more than twenty (20) gallons or seventy five (75)
liters per minute, a test report shall be required which shows that a
volumetric prover of sufficient capacity was used to
receive a test draft as specified in NIST
handbook 44 for the device under test.
(2) For devices other than those described
above, the director may establish appropriate test standards and require test
reports if it is determined at his discretion such standards and reports are in
the best interests of all concerned.
[7/1/97; 19.15.108.14 NMAC - Rn & A, 19 NMAC
15.108.14, 01/31/07]
19.15.108.15 STANDARDS
AND TESTING EQUIPMENT:
A. Prior to registration, and at least
annually thereafter, all standards and testing equipment used by the registered
service technician or registered service establishment shall be examined by the
department or another approved laboratory and a calibration certificate issued
for all standards and testing equipment found to be acceptable. A copy of the calibration certificate for all
standards and testing equipment used by the registered service technician or
registered service establishment shall accompany the registration application.
B. A registered service technician or
registered service establishment shall not use in installing, servicing,
repairing, or reconditioning a commercial device any standards or testing
equipment that has not been certified.
[7/1/97; 19.15.108.15 NMAC - Rn & A, 19 NMAC
15.108.15, 01/31/07]
19.15.108.16 REVOCATION
OF REGISTRATION CERTIFICATE: The
director may suspend or revoke a registration certificate in accordance with
the procedures set forth in New Mexico department of agriculture administrative
procedures and remedies for enforcement actions internal policy.
[7/1/97; 19.15.108.16 NMAC - Rn, 19 NMAC
15.108.16, 01/31/07]
19.15.108.17 LIST
OF REGISTERED SERVICE ESTABLISHMENTS:
The department shall maintain and supply upon request a list of the
registered service establishments.
[7/1/97; 19.15.108.17 NMAC - Rn, 19 NMAC
15.108.17, 01/31/07]
HISTORY OF 19.15.108 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center and Archives under:
NMDA Rule No. 93-8, Bonding and
Registration of Servicemen and Service Establishments for Commercial Petroleum
Weighing or Measuring Devices, filed 5-28-93.
History of Repealed Material: [RESERVED]