A. An applicant for certification as a certified operator shall:

(1) make application on forms furnished by the department;

(2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and

(3) pay in advance to the department fees set by rule not to exceed:

(a) for examination for certification in each classification $100;

(b) for renewal of a certificate after a period set by rule $40; and

(c) for issuance of a certificate by endorsement $100.

B. Fees collected pursuant to Subsection A of this section shall be deposited with the state treasurer in the "public water supply system operator and public wastewater facility operator fund", hereby created. The fund shall be used solely for the purpose of administering and enforcing the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]. The fund shall be administered by the department. Money in the fund shall be retained by the department for use, subject to appropriation by the legislature. Balances in the fund at the end of any fiscal year shall not revert to the general fund, but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.

C. The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico.

D. Fees shall not be increased more than once per calendar year. The first increase of the fees shall not result in any fee greater than thirty dollars ($30.00). Any subsequent increase of the fees shall not be more than five percent of the existing fee.

History: 1953 Comp., § 67-40-5, enacted by Laws 1973, ch. 394, § 5; recompiled as 1978 Comp., § 61-33-5; Laws 1992, ch. 44, § 5; 2005, ch. 285, § 4.

Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.

For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.

The 2005 amendment, effective July 1, 2005, changes "public waste supply system operator or public wastewater facility operator" to "certified operator" in Subsection A; changes "commission" to "department" in Subsections A(1) through (3); deletes the former provision in Subsection A(3)(a) the certification is for a public water supply system operator or a public wastewater facility operator; increases the fee in Subsection A(3)(a) from $25 to $100; deletes the $10 fee for issuance of a certificate in Subsection A(3); deletes the reference to the annual renewal of a certificate in Subsection A(3)(b); provides that the renewal of a certificate shall be after a period set by rule in Subsection A(3)b); increases the fee for renewal of a certificate in Subsection A(3)(b) from $10 to $40; increases the fee for issuance of a certificate by endorsement from $25 to $100; deletes the former provision in Subsection B that the fund shall be used to make necessary refunds and that at the end of each month fees in the fund after refund shall be transferred to the general fund; provides in Subsection B that the fund shall be used to administer and enforce the Utility Operators Certification Act, shall be administered by the department, money in the fund shall be retained by the department for use subject to appropriation by the legislature, balances in the fund at the end of a fiscal year shall not revert and earnings shall be credited to the fund; changes "commission" to "department" in Subsection C; deletes the former provision in Subsection C that certification related to a public water supply system operator or public wastewater facility operator who met the qualifications in Subsection A(2) of this section; provides in Subsection C that the operator must submit evidence satisfactory to the department that the applicant has reached the age of majority; and adds Subsection D to provide that fees shall not be increased more than once each year, the first increase shall not result in a fee greater than $30 and subsequent increases shall not be more than five percent of existing fees.

The 1992 amendment, effective March 6, 1992, redesignated former Subsection A(4) as present Subsection B while making minor stylistic changes therein, redesignated former Subsection B as present Subsection C, substituted "public water supply system" for "water system" several times throughout the section, and inserted "public" preceding "wastewater facility" several times throughout the section.