New Mexico Administrative Code

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 register secondhand metal dealers pursuant to Section 57-30-2.1 NMSA 1978.

[Reserved]

A. Effective July 1, 2012, all secondhand metal dealers shall not buy or sell regulated material without a valid registration issued by the department. B. Applications for registration shall be completed on a form provided by the department. C. Electronic signatures will be accep…

A. The fee for application registration is twenty-five dollars ($25.00). B. The fee for renewal of registration is twenty-five dollars ($25.00). C. A military service member or veteran as defined in these rules shall not be charged a registration fee for the first three years a r…

New Mexico Regulation and Licensing Department.

This part sets forth reporting procedures 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 standardize the reporting procedures to the department required pursuant to 57-30-8 NMSA 1978.

[Reserved]

A. All secondhand metal dealers are required to report all transactions of regulated material. Reports of such transaction shall be made on a purchase record form designed and provided or approved by the department and shall be uploaded to the database maintained by the departmen…

(Reserved.)

New Mexico Regulation and Licensing Department.

(Reserved.)

A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation. B. The superintendent may suspend or revoke the registration of a secondhand metal dealer whe…

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.

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 facilitate compliance of all registered secondhand metal dealers pursuant to Sections 57-30-1 through 57-30-14 NMSA 1978.

[Reserved]

Effective July 1, 2012, all secondhand metal dealers shall maintain a valid registration issued by the department. A. A current registration certificate must be posted in the business of operation or posted in a physical location of a registrant who maintains a scrap metal yard i…

A. A secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the personal identification document and vehicle identification presented by the seller at the time of the dealer's purchase or acquisition. The dealer shall not substitute or rely upon infor…

Office of the New Mexico Attorney General, Consumer Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico 87504-1508.

It is an unfair or deceptive trade practice for any person to sponsor, use or promote in any manner any game promotion, whether involving skill or chance, which requires consideration in order to participate, unless the following disclosures are clearly and conspicuously made in …

Persons may receive an exemption from some or all of the requirements of Paragraph ten [now 12.2.2.10 NMAC] through application to the office of the attorney general. Exemptions will be granted only in limited cases, and only if the lack of specific disclosures will not result in…

A. It is an unfair or deceptive act or practice to represent that a person is a "winner" or has been "selected" or is otherwise being involved in a select group for receipt of a prize or an opportunity or that a person is entering a "contest", "sweepstakes", "drawing" or other co…

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

Original Adoption and Promulgation Toney Anaya Attorney General Date: 9/18/77 Readoption and Repromulgation Tom Udall Attorney General Date: 4/9/98 Tom Udall Attorney General

Promoters of games.

New Mexico Unfair Practices Act, Section 57-12-1 NMSA 1978 et seq. and New Mexico False Advertising Act, Section 57-15-1 NMSA 1978 et seq.

Permanent.

Re-promulgated and reformatted in NMAC format effective as of May 1, 1998 unless a later date is cited at the end of a section or paragraph.

The purpose of these game regulations is to describe certain practices in the game promotion industry which are unfair and deceptive trade practices under the Unfair Practices Act, or which constitute false advertising under the False Advertising Act.

A. As used in these regulations, "game promotion" shall mean any promotional enterprise whose entrants are sought on the basis of representations that prizes or awards will be made to a certain number of entrants based upon chance or on the entrant's skill; and whose primary purp…

A. The consumer protection division of the attorney general has received a substantial number of complaints on game promotions, which led that office to consider the extent to which such promotions pose a problem to consumers in New Mexico. As a result of an investigation conduct…

It is an unfair or deceptive trade practice for any person to engage in any advertising or oral, written or graphic representation in conjunction with any game promotion, which may, tends to or does deceive or mislead any person concerning the number of participants, odds of winn…

Office of the New Mexico Attorney General, Consumer Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico 87504-1508.

Original Adoption and Promulgation Paul Bardacke Attorney General Date: 9/3/85 Readoption and Repromulgation Tom Udall Attorney General Date: 4/9/98 Tom Udall Attorney General

Promoters and sellers of subdivided land, time-share interests, condominiums and membership campgrounds.

New Mexico Unfair Practices Act, Section 57-12-1 NMSA 1978 et seq. and New Mexico False Advertising Act, Section 57-15-1 NMSA 1978 et seq. This rule-making proceeding has been conducted in conformity with the Administrative Procedures Act, Section 12-8-1 NMSA 1978 et seq., and th…

Permanent.

Re-promulgated and reformatted in NMAC format effective as of May 1, 1998 unless a later date is cited at the end of a section or paragraph.

All promoters of any and all products, interests or services are always subject to the general proscriptions of the New Mexico Unfair Trade Practices Act and False Advertising Act. These regulations merely address those same general prohibitions against unfair or deceptive practi…

The following words when used in these regulations shall have the following meaning: A. "Time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not c…

A. The attorney general's office is concerned about sweepstakes and giveaway promotions conducted in the course of the sale of subdivided land, condominiums, time-share interests and campground memberships. Since 1984, the attorney general's office has received numerous telephone…