Section 60-16-4 – Buyer’s license requirement; application.
A. A license is required for: (1) the purchase of in-shell pecans by a buyer; and (2) each buying location used by a buyer. B. On an annual basis, a buyer shall submit an application to the department for a license. The information required on the application shall be established by department rule. C. A […]
Section 60-16-5 – Duties of buyer; record of purchase.
A. A buyer shall: (1) not purchase in-shell pecans without a valid license; (2) comply with the provisions of the Pecan Buyers Licensure Act and adopted rules; (3) comply with state and federal requirements related to the movement of in-shell pecans; (4) ensure that all of the buyer’s employees involved in the purchasing, receiving or […]
Section 60-16-6 – Exemptions.
A. The Pecan Buyers Licensure Act does not apply to: (1) a person whose business is a grocery store, retail store, gas station or other similar operation and that conducts in-shell pecan transactions totaling less than one hundred pounds during any twelve-month period; (2) transactions involving in-shell pecans for personal consumption totaling less than fifty […]
Section 60-16-7 – Violations; revocation of license; penalty.
A. The department may revoke a license for violations of the Pecan Buyers Licensure Act or the rules or orders promulgated pursuant to that act. The department may deny a subsequent license to a person found to be in violation of the Pecan Buyers Licensure Act. B. A person who violates the provisions of the […]
Section 60-16-8 – Disposition of fees.
All fees collected pursuant to the Pecan Buyers Licensure Act shall be paid into the treasury of New Mexico state university and credited to the department for administration and enforcement of the Pecan Buyers Licensure Act. History: Laws 2018, ch. 47, § 8. ANNOTATIONS Effective dates. — Laws 2018, ch. 47, § 9 made Laws […]
Section 60-15-12 – Licensure denial, suspension or revocation; hearing; appeals.
The superintendent shall, before denying a license to an applicant, or revoking or suspending a license for a violation of any provision of the Crane Operators Safety Act, provide for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 1993, ch. 183, § 12; 2005, ch. […]
Section 60-15-13 – Civil and administrative penalties.
A. A person who engages in unlicensed operation may be assessed an administrative penalty not to exceed one thousand dollars ($1,000). B. An employer, firm, partnership, corporation, association or other organization that knowingly violates the provisions of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000). […]
Section 60-15-14 – Crane operators licensure examining council; appointed.
A. The “crane operators licensure examining council” is created. The members of the council shall serve at the pleasure of the superintendent. The superintendent shall appoint at least five members to the council with consideration given to geographical representation and proportional representation of operator, contractor, labor and public members. The members of the council shall […]
Section 60-15-15 – Crane Operators Safety Act fund created; purpose; appropriation.
A. The “Crane Operators Safety Act fund” is created in the state treasury. The fund shall consist of legislative appropriations to the fund; fees charged by the department pursuant to the Crane Operators Safety Act; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Money in the fund shall […]
Section 60-16-1 – Short title.
This act [60-16-1 to 60-16-8 NMSA 1978] may be cited as the “Pecan Buyers Licensure Act”. History: Laws 2018, ch. 47, § 1. ANNOTATIONS Effective dates. — Laws 2018, ch. 47, § 9 made Laws 2018, ch. 47, § 1 effective July 1, 2018.