Abuse Of The Law

A person shall be deemed to have willfully failed to comply with this rule or Chapter 62, Article 14 NMSA 1978 and shall be subject to the penalties in Section 62-14-8 NMSA 1978 if the person: A. requests a locate for an area that cannot reasonably be excavated in 15 working days; B. provides misinformation or withholds information regarding the size of an excavation area; C. requests locates that unduly burden a one-call notification system or UFO; D. requests a locate for fraudulent reasons; E. fails to process locate requests within the requisite timeframe; F. fails to mark, or provide positive response for its underground facilities within the requisite timeframe; G. fails to determine if all underground facilities have been marked or cleared; H. commences excavation prior to the expiration of the advance notice period; I. obliterates markings at an excavation site without providing temporary offset marks or stakes; J. alters any record relating to excavation activity; K. fails to pre-mark the actual intended excavation route or site(s) as required; L. fails to report or file a report of damage within requisite time frame; or M. commits any other act that the commission determines violates Chapter 62, Article 14 NMSA 1978 or this rule.