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
MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
88003-8005 Telephone, (575) 646-3007.
[7/1/1997; 19.15.108.1 NMAC - Rn, 19
NMAC 15.108.1, A 1/31/2007; A, 5/29/2009]
19.15.108.2 SCOPE: All parties involved in the servicing or use of
commercial weighing or measuring devices.
[7/1/1997; 19.15.108.2 NMAC - Rn, 19
NMAC 15.108.2, 01/31/2007]
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 38, New Mexico
Statutes Annotated 1978.
[7/1/1997; 3/1/1998; 19.15.108.3 NMAC -
Rn, 19 NMAC 15.108.3, 01/31/2007; A, 11/01/2018]
19.15.108.4 DURATION: Permanent
[7/1/1997; 19.15.108.4 NMAC - Rn, 19
NMAC 15.108.4, 01/31/2007]
19.15.108.5 EFFECTIVE DATE: July 1, 1997
[7/1/1997; 19.15.108.5 NMAC - Rn, 19
NMAC 15.108.5, 01/31/2007]
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.
[7/1/1997; 19.15.108.6 NMAC - Rn, 19
NMAC 15.108.6, 01/31/2007]
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 products involving a monetary transaction or
in computing any basic charge or payment for services rendered on the basis of
weight or measure.
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.
[7/1/1997; 19.15.108.7 NMAC - Rn, 19
NMAC 15.108.7, 01/31/2007; A, 11/01/2018]
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 the required
certified test standards and all necessary testing equipment, 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, 01/31/2007; A, 11/01/2018]
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.
[7/1/1997; 19.15.108.10 NMAC - Rn &
A, 19 NMAC 15.108.10, 01/31/2007]
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.
[7/1/1997; 19.15.108.11 NMAC - Rn, 19
NMAC 15.108.11, 01/31/2007]
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 not to exceed one year. Registration certificates are
non-transferable.
[7/1/1997; 19.15.108.12 NMAC - Rn, 19
NMAC 15.108.12, 01/31/2007; A, 11/01/2018]
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 a commercial device
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.
[7/1/1997; 19.15.108.13 NMAC - Rn &
A, 19 NMAC 15.108.13, 01/31/2007; A, 11/01/2018]
19.15.108.14 PLACE-IN-SERVICE REPORT:
A. Within
five calendar days after a new or used device is installed, or
a device that has been officially rejected has been repaired, the original of
the properly executed place-in-service report shall be sent 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. 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
meters (liquid measuring devices) with a capacity of more than 20 gallons or 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, test reports may be required by the director if it is
determined at his discretion that reports are in the best interest of all
concerned.
[7/1/1997; 19.15.108.14 NMAC - Rn &
A, 19 NMAC 15.108.14, 01/31/2007; A, 11/01/2018]
19.15.108.15 STANDARDS AND TESTING EQUIPMENT:
A. A
service technician or service establishment must possess or have available
sufficient certified test standards to test in accordance with NIST handbook 44 requirements the class
of devices for which registration is applied.
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.
[7/1/1997; 19.15.108.15 NMAC - Rn &
A, 19 NMAC 15.108.15, 01/31/2007; A, 11/01/2018]
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.
[7/1/1997; 19.15.108.16 NMAC - Rn, 19
NMAC 15.108.16, 01/31/2007]
19.15.108.17 LIST OF REGISTERED SERVICE
ESTABLISHMENTS: The department shall
maintain and supply upon request a list of the registered service
establishments.
[7/1/1997; 19.15.108.17 NMAC - Rn, 19
NMAC 15.108.17, 01/31/2007]
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 5/28/1993.
History of Repealed Material: [RESERVED]