New Mexico Administrative Code

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.

A. These regulations are intended to accomplish two principal objectives. The first is to deter unfair and deceptive practices that result in economic harm to consumers. The second is to encourage fair competition by providing clear legal standards for environmental marketing cla…

A. As used in these regulations, the term "environmental marketing claim" means any representation about the environmental attributes of a product or a package made in connection with the advertising, marketing, offer for sale or sale of such product or package. B. As used in the…

It is an unfair or deceptive trade practice for any person to make an environmental marketing claim that is false or misleading.

It is an unfair or deceptive trade practice for any person to make an environmental marketing claim unless prior to making the claim: A. the person has and relies upon a prior reasonable basis from which to conclude that the claim is true; and B. the person possesses documents th…

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

A. It is an unfair or deceptive trade practice for an automotive repair facility to fail to give an estimate of repairs that exceed one hundred dollars ($100). A written estimate from an insurance company or independent appraisal firm shall be deemed to meet this requirement in l…

It is an unfair or deceptive trade practice for an automotive repair facility to fail to disclose the basis for calculating a trouble shooting or diagnostic fee.

A. It is an unfair or deceptive trade practice for an automotive repair facility or insurance company to fail to disclose (if known) whether particular parts used in the repair of the customer's automobile were used or rebuilt or aftermarket crash parts. If a facility or insuranc…

A procedure or requirement is in substantial compliance with these regulations if, taking all relevant circumstances into account, the purpose of the procedure or requirement in the regulations is met, regardless of whether or not the technical requirements of the regulations are…

A. The attorney general may refer to an approved self-regulation program any complaint alleging a violation of these regulations by an automotive repair shop participating in the program. Not more than forty-five (45) days of receiving a complaint by referral from the attorney ge…

A violation of these regulations is a violation of the Unfair Practices Act.

If any portion of these regulations is held invalid, the remainder of the regulations and applications thereof shall remain unaffected. Date: ________ __________________________ Tom Udall Attorney General

Automotive repair shops and automotive repair facilities.

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

Permanent.

January 1, 1998, unless a later date is cited at the end of a section or paragraph.

The purpose is to accomplish three principal objectives: A. to deter unfair business practices within the automotive industry; B. to provide clear legal standards for the automotive repair industry in order to facilitate industry compliance, clearly establish a set of rights and …

A. As used in these regulations, the terms "automotive repair shop" and "repair facility" are interchangeable and mean any business or operation engaged in automotive repair or automotive service (including, but not limited to, tune-up, oil change, window tinting, collision repai…

A. The attorney general has long been concerned about unfair and deceptive practices in the automotive repair industry. The attorney general's consumer protection division has received numerous complaints and telephone calls alleging unfair and deceptive trade practices in the au…

A. It is an unfair or deceptive trade practice for an automotive repair shop to fail to post the major provisions of its warranty policy in a prominent and conspicuous location within the repair facility and to fail to provide any person who has purchased automotive repair servic…

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

It is an unfair and deceptive practice for a seller to advertise an introductory offer or to compare its current price for a good with the price at which the good will be offered in the future, unless both of the following requirements are met: A. the future price takes effect wi…

It is an unfair and deceptive practice for a seller to advertise using a price comparison or to claim a savings, expressed or implied, from a list price or term of similar meaning, including the manufacturer's suggested retail price, unless one of the following requirements is me…

It is an unfair and deceptive practice for a seller to advertise using a comparison between the seller's price with a price currently being offered by another seller for goods or services unless the goods are comparable in quality, design, grade, material and craftsmanship and th…

It is an unfair and deceptive trade practice to advertise or otherwise represent a sale or bargain using a fraudulent regular or former price at which the seller never sold or could not in good faith reasonably have expected to sell the good or service. A "fraudulent regular or f…

A. Except as provided in this rule, a seller shall offer and sell goods at the marked or labeled retail prices. B. It is an unfair and deceptive trade practice for a seller to mark and offer goods at prices which he or she does not intend to sell them, for the purpose of being ab…

A. It is an unfair and deceptive practice to use the word "free" or words of similar meaning, or to represent bargain offers, including "buy one - get one free," "buy one - get one at half price," "two for one" and "one cent sale," when describing a good to be given to a customer…

A. It is an unfair and deceptive practice for a seller to use terms such as "sale," "sale price," "now only $_______________" or other words and phrases that imply a price savings unless the price of the good is reduced by no less than 10% from the former price of the good. If th…

Any seller who makes a comparison price advertisement or other savings claim must retain any and all documents evidencing the basis for the comparison or other savings claim for a period of at least two years after the last date on which the advertisement was made. It is an unfai…

It is an unfair and deceptive practice to advertise the phrase "wholesale to the public," or any similar term or phrase or to otherwise state or imply that the public is able to buy merchandise at "wholesale" prices, unless the seller is, in fact, a wholesaler, and unless the sel…

If any part of these regulations is held invalid, the remainder and the application thereof shall not be affected.

Native American jewelry and arts and crafts retail industry.

New Mexico Unfair Practices Act, Section 57-12-13 NMSA 1978 (1967); New Mexico and False Advertising Act, Section 57-15-7 NMSA 1978 (1967).

Permanent.

July 15, 1998, unless a later date is cited at the end of a section.

These regulations provide a foundation for comparative price advertisements for the Native American jewelry and arts and crafts retail industry. Although these regulations reflect New Mexico law and federal trade commission regulations (16 C.F.R. Ch. 1, Part 233 (Guides Against D…

A. "Advertisement" means any statement, offer, sales presentation or representation, whether oral or written, regardless of medium or form, concerning or related to any good offered for sale or lease, including, but not limited to, any statement or representation contained on any…

A. Except as provided in this rule, it is an unfair and deceptive trade practice to mark, label or otherwise advertise Native American jewelry or arts and crafts at any price other than the actual, good faith retail price at which the seller offers and intends to sell the goods t…

A. It is an unfair and deceptive practice for a seller to advertise using a comparison between the seller's current price and the seller's former price for any good unless the good was offered to the public openly and honestly, in good faith, with intent to sell at the former pri…

Financial Institutions Division of the Regulation and Licensing Department, 725 St. Michael's Drive, Santa Fe, New Mexico 87504. Telephone No. (505) 827-7100.

All savings and loan associations chartered by the state of New Mexico.

Sections 58-10-19 and 58-10-50 NMSA 1978.

Permanent.

February 24, 1983, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective 8/30/97.

The objective of this sub-part [now part] is to provide for staggered terms of office for members of the board of directors.

[Reserved]

Notwithstanding the provisions of Section 58-10-19 NMSA 1978, the bylaws of an association may provide that the board of directors shall be divided into three classes as nearly equal as possible, and that the members of each class shall be elected for a term of three years and un…