Section 57-19-28 - Duties of the board; authority of the director. - New Mexico Statutes

57-19-28. Duties of the board; authority of the director.

A.     The board is responsible for the administration and enforcement of the provisions of the Petroleum Products Standards Act.  The board shall adopt rules and regulations necessary to administer and enforce the provisions of that act.  The board shall provide public notice and allow public comment on all proposed rules and regulations.

B.     The director shall have the authority to:

(1)     inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of the Petroleum Products Standards Act;

(2)     enter any commercial premises from which petroleum products are offered for sale during normal business hours.  If the premises are not open to the public, the director shall present the director's credentials and enter only with consent from the commercial entity.  If no consent is given, the director shall obtain a search warrant;

(3)     collect or cause to be collected samples of petroleum products offered for sale and cause such samples to be tested or analyzed to determine if they are in compliance with the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;

(4)     issue and enforce stop-sale, hold and removal orders with respect to a petroleum product kept, offered or exposed for sale in violation of the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act; 

(5)     require distributors and retailers to retain records pertaining to petroleum product purchases and sales for a period of not more than one year;

(6)     maintain and operate a petroleum product testing laboratory to ensure that all petroleum products offered for sale in New Mexico meet standards prescribed in the Petroleum Products Standards Act and regulations adopted pursuant to that act; 

(7)     issue and enforce stop-use orders for measuring equipment or vehicle tanks that are used commercially and that do not conform to the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act; and

(8)     delegate to authorized representatives any of the responsibilities for the proper administration of the Petroleum Products Standards Act.

C.     If in consultation with the secretary of energy, minerals and natural resources and pursuant to regular, periodic monitoring, the director determines that sufficient amounts of biodiesel are not available to meet the requirements of Section 57-19-29 NMSA 1978 or that the price of the biodiesel blend significantly exceeds the price of diesel fuel for at least two months, the director shall suspend those requirements for a period of up to six months.