2009 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses.
Article 33 - Utility Operators
Section 61-33-4 - Powers and duties of commission.

61-33-4. Powers and duties of commission.

The commission may adopt rules relating to the administration and enforcement of the Utility Operators Certification Act [61-33-1 NMSA 1978].  The commission shall:

A.     adopt rules that classify public water supply systems and public wastewater facilities based on:

(1)     size and type of system or facility;

(2)     capacity of the system or facility based on the size of the serviced area and the number and size of the users to be served;

(3)     type and character of the water or wastewater to be treated; and

(4)     physical conditions affecting the treatment plants, collection systems and distribution systems;

B.     adopt rules providing standards and criteria for the certification of operators based on their qualifications and their ability to operate public water supply systems or public wastewater facilities of the various classifications;

C.     appoint a seven-member board from certified operators to function with the commission to establish qualifications of operators, classify public water supply systems and public wastewater facilities, adopt rules and advise the department on the administration of the Utility Operators Certification Act.  Two board members selected by the board shall sit as commission members on matters to which that act is applicable;

D.     adopt and file under the State Rules Act [14-4-1 NMSA 1978] rules necessary to carry out the provisions of the Utility Operators Certification Act; and

E.     adopt rules providing criteria for identifying the minimum number of certified operators needed to operate the various classifications of public water supply systems or public wastewater facilities in order to protect human health, public welfare or the environment.