New Mexico Register / Volume XXIX,
Issue 18 / September 25, 2018
This
is an amendment to 19.15.108 NMAC, Sections 3, 7, 9, 12, 13, 14, and 15,
effective 11/01/2018.
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 [37]
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]
19.15.108.7 DEFINITIONS:
A. “Commercial
weighing or measuring device” means any device used or employed in
establishing the quantity, weight, count, or size of [petroleum]
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]
19.15.108.9 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, [certified
test standards,] 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]
19.15.108.12 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 [of] not to exceed one year [unless
withdrawn or cancelled for due cause]. 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 [devices]
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 [mailed]
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. [Within five calendar days after
repairing a device that has been officially rejected, the bottom portion of the
out-of-order form shall be completed by the registered service technician
performing the repair and the form mailed to the department.
C.] 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 [commercial] 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 [may
establish appropriate test standards and require test reports] if it is
determined at his discretion [such standards and] that
reports are in the best [interests] 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]