Section 61-33-5 - Application requirements; fees; fund created; endorsement.
61-33-5. Application requirements; fees; fund created; endorsement.
A. An applicant for certification as a certified operator shall:
(1) make application on forms furnished by the department;
(2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and
(3) pay in advance to the department fees set by rule not to exceed:
(a) for examination for certification in each classification $100;
(b) for renewal of a certificate after a period set by rule $40; and
(c) for issuance of a certificate by endorsement $100.
B. Fees collected pursuant to Subsection A of this section shall be deposited with the state treasurer in the "public water supply system operator and public wastewater facility operator fund", hereby created. The fund shall be used solely for the purpose of administering and enforcing the Utility Operators Certification Act [61-33-1 NMSA 1978]. The fund shall be administered by the department. Money in the fund shall be retained by the department for use, subject to appropriation by the legislature. Balances in the fund at the end of any fiscal year shall not revert to the general fund, but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.
C. The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico.
D. Fees shall not be increased more than once per calendar year. The first increase of the fees shall not result in any fee greater than thirty dollars ($30.00). Any subsequent increase of the fees shall not be more than five percent of the existing fee.