The department, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] relating to notice and hearing, may suspend or revoke a certification upon the grounds that the certified operator:

A. committed fraud or deceit in procuring the certification;

B. committed gross incompetence in the operation of a public water supply system or public wastewater facility;

C. was derelict in the performance of a duty as a certified operator;

D. performed in the capacity of a higher classification of certified operator than that in which the operator is certified, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of public water supply system or public wastewater facility; or

E. is convicted of any violation of Section 61-33-8 NMSA 1978 or any state or federal water quality statutes.

History: 1953 Comp., § 67-40-7, enacted by Laws 1973, ch. 394, § 7; recompiled as 1978 Comp., § 61-33-7; Laws 1992, ch. 44, § 7; 2005, ch. 285, § 6.

The 2005 amendment, effective July 1, 2005, changes "commission" to "department"; provides that the department may suspend or revoke a certification; changes "is guilty of" to "committed" in Subsections A and B; deletes the former provision in Subsection B that the operator was grossly incompetent in the supervision of the class of system or facility that he is certified to supervise or operate; deletes the former references to public water system operator or public wastewater facility operator in Subsection C, deletes the former references to public water system operator or public wastewater facility operator in Subsection D; and provides in Subsection D that the operator performed in a capacity of a higher classification of certified operator than the operator is certified, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level.

The 1992 amendment, effective March 6, 1992, added Subsection E, substituted "public water supply system" for "water system" several times throughout the section, and inserted "public" preceding "wastewater facility" several times throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 58 to 62.

Bias of members of license revocation board, 97 A.L.R.2d 1210.

53 C.J.S. Licenses § 50 et seq.