New Mexico Administrative Code

Permanent.

September 15, 2009, unless a later date is cited at the end of a section.

The purpose of this rule is to deter unfair and deceptive practices that result in economic harm to consumers in transactions involving service contracts which contain automatic renewal clauses.

A. "Automatic renewal provision" means a provision under which a service contract is renewed for a specified period if: (1) the renewal causes the service contract to continue in effect more than two months after the end of the term of the original contract; and (2) the renewal i…

A. It is an unfair or deceptive trade practice for any consumer service contract to contain an automatic renewal provision unless the contract provision is set forth in a clear and conspicuous manner in at least 10 point type and includes the notice requirements and specific proc…

If any portion of this rule is held invalid, the remainder of the rule and application thereof shall remain unaffected.

Office of the New Mexico Attorney General.

Violation of this rule constitutes a violation of the New Mexico Unfair Practices Act, NMSA 1978, Section 57-12-1 et seq.

If any portion of this rule is held invalid, the remainder of the rule and the applications thereof shall remain unaffected.

Disclosure of time-barred debt.

The New Mexico Unfair Practices Act, NMSA 1978, Section 57-12-1, et seq. (1967).

Permanent.

December 15, 2010, unless a later date is cited at the end of a section.

The purpose of this rule is to ensure a uniform understanding and practice within the debt collection industry regarding what information is required to be provided to consumers when a debt that the debt collector, acting in the regular course of his or her trade or commerce, is …

A. "Collection of debt" means any effort by any person acting in the regular course of his or her trade or commerce, including, but not limited to, the original lender or obligee, or any assignee of the original lender or obligee, or any assignee of any owner of the debt other th…

Every debt collector attempting to collect a debt in the state of New Mexico has a duty to determine, in good faith, whether each debt it is attempting to collect is or is not time-barred.

A. It is an unfair or deceptive trade practice for any debt collector acting in the regular course of his or her trade or commerce, whether directly or indirectly, by letter, telephone, electronically or by any other means, to collect or to attempt to collect from any person any …

Office of the New Mexico Attorney General.

Motor vehicle dealers.

New Mexico Unfair Practices Act, Section 57-12-1 NMSA 1978 et seq.

Permanent.

August 1, 2012, unless a later date is cited at the end of a section.

A. The purpose of this rule is to accomplish two principal objectives: (1) deter unfair business practices in the sale of motor vehicles that result in economic harm, and (2) provide clear legal standards for the sale of motor vehicles where the sale of the vehicle is contingent …

The following terms have the meanings set forth herein. A. "Motor vehicle dealer" means:(1) any person who sells or solicits or advertises the sale of new, demonstration or used motor vehicles and who is licensed pursuant to the motor vehicle code; or (2) any person who sells fou…

In a sale conditioned on financing, it is an unfair trade practice for a motor vehicle dealer who delivers a new, demonstration or used motor vehicle to a buyer to. A. Orally or in writing represent to the buyer at the time of signing the purchase order agreement or sales transac…

If any portion of this rule is held invalid, the remainder of the rule and application thereof shall remain unaffected.

Office of the New Mexico Attorney General.

The following motor vehicle inspection shall be conducted by qualified persons and shall be deemed reasonable pursuant to Subsection B of Section 57-12-6 NMSA 1978 by: A. inspecting the motor vehicle for evidence of repainting such as: (1) differences in paint color or texture; (…

The seller's inspection report shall be in substantially the form which accompanies this rule and shall include the following information: A. seller's name; B. address, including city, state, and zip code; C. the year, make and model of the motor vehicle; D. the motor vehicle ide…

In lieu of the used motor vehicle damage inspection contemplated by 12.2.14.9 NMAC and the used motor vehicle damage inspection report contemplated by 12.2.14.11 NMAC, the seller of a motor vehicle which either: is 10 or more years old based on its model year or has more than 125…

If any part of this rule is held invalid, the remainder of the rule and applications thereof shall remain unaffected.

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Misrepresentation of age and condition of motor vehicles.

The New Mexico Unfair Practices Act, 57-12-13 NMSA 1978.

Permanent.

April 1, 2014, unless a later date is cited at the end of a section.

A. The purpose of this rule is to: (1) deter misrepresentation of the age or condition of used motor vehicles in retail motor vehicle sale transactions; (2) protect retail buyers in motor vehicle sale transactions through uniform disclosure of material information concerning the …

A. "Alteration" shall mean damage to, repair or modification of a motor vehicle's cab, chassis, or body which materially diminishes the value of the motor vehicle; the alteration may but need not necessarily be the result of wreck damage; goods are altered if, as measured against…

A. A seller of a motor vehicle shall furnish at the time of sale of a motor vehicle an affidavit that states to the best of the seller's knowledge whether there has been an alteration or chassis repair due to wreck damage, except where not required. Subsections B and C of Section…

New Mexico Regulation and Licensing Department.

This part sets forth definitions to the department pursuant to the Sale of Recycled Metals Act, Sections 57-30-1 through 57-30-14 NMSA 1978.

These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections 57-30-1 through 57-30-14 NMSA 1978.

Permanent.

August 12, 2012 unless a later date is cited at the end of a section.

The purpose of this part is to define language required pursuant to Sale of Recycled Metals Act, Sections 57-30-1 through 57-30-14 NMSA 1978.

A. "Secondhand metal dealer": means a scrap metal processor in the business of operating or maintain a scrap metal yard in a physical location in which scrap metal or cast-off regulated material is purchased for shipment, sale or transfer. B. "Aluminum material": means a product …

New Mexico Regulation and Licensing Department.

A. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked. B. Prior to the expiration of the license, a registered secondhand metal dealer shall apply for registration renewal and sh…

This part sets forth application procedures to the department pursuant to the Sale of Recycled Metals Act, Sections 57-30-1 through 57-30-14 NMSA 1978.