New Mexico Register / Volume XXXIV, Issue 19 / October 10, 2023

This is an amendment to 12.2.16 NMAC, Sections 2, 3, 6, 8, and 10 effective 10/10/2023.

12.2.16.2 SCOPE: This part sets forth application procedures to the department pursuant to the Sale of Recycled Metals Act, Sections 57-30-1 through [57-30-17] 57-30-14 NMSA 1978.

[12.2.16.2 NMAC - N, 8/12/2021; A, 10/10/2023]

12.2.16.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections 57-30-1 through [57-30-17] 57-30-14 NMSA 1978.

[12.2.16.3 NMAC - N, 8/12/2021; A, 10/10/2023]

12.2.16.6 OBJECTIVE: The purpose of this part is to register secondhand metal dealers pursuant to Section [57-30-14] 57-30-2.1 NMSA 1978.

[12.2.16.6 NMAC - N, 8/12/2021; A, 10/10/2023]

12.2.16.8 APPLICATION REQUIREMENTS:

A. Effective July 1, 2012, all secondhand metal dealers shall not buy or sell regulated material without a valid registration issued by the department.

B. Applications for registration shall be completed on a form provided by the department.

C. Electronic signatures will be acceptable for applications submitted pursuant to Section 14-16-1 through Section [14-16-19] 14-16-21 NMSA 1978.

D. Information submitted shall include:

(1) the full name and business address of the applicant;

(2) [a list of all] the location at which the applicant engages or will engage in the business of buying or selling regulated material;

(3) a non-refundable registration fee as set forth in 12.2.16.9 NMAC;

(4) affirmation of compliance with all federal requirements;

(5) affirmation of registration with metal theft alert system as described in [Paragraph (3) of Subsection A] Subsection C of 12.2.18.8 NMAC.

E. Any occupational or professional registration pursuant to these rules shall be issued as soon as practicable, but no later than 30 days after a military service member or a veteran as defined in these rules submits an application, pays any required fees, and provides a background check if required.

[12.2.16.8 NMAC - N, 8/12/2021; A, 4/22/2022; A, 10/10/2023]

12.2.16.10 RENEWAL REQUIREMENTS:

A. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked.

B. Prior to the expiration of the license, [all] a registered secondhand metal [dealers] dealer shall apply for registration renewal and shall pay the renewal fee as set forth in 12.2.16.9 NMAC.

C. A current registration shall be posted in the business of operation.

[12.2.16.10 NMAC - N, 8/12/2021; A, 10/10/2023]

HISTORY OF 12.2.16 NMAC: [RESERVED]