N.M. Code R. § 12.2.4.29

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.2.4.29 - SELF-REGULATION PROGRAMS

A. The attorney general may refer any complaint alleging a violation of these regulations by a dealer participating in an approved self-regulation program to the program. Not more than forty-five (45) days of receiving a complaint by referral from the attorney general, the program shall provide the attorney general with a written report describing the substance of the complaint and the program's disposition of the complaint.

B. At a minimum, an approved self-regulation program shall include:

(1) substantive standards determined by the attorney general to be identical to or more stringent than the standards set forth in these regulations; and

(2) an enforcement procedure that the attorney general determines to be fair and impartial, responsive to complaints and likely to enforce compliance with the program's substantive standards.

C. Not less than every twelve (12) months, or more frequently if requested by the attorney general, the program shall submit a written report to the attorney general containing the following information:

(1) copies of all complaints received by the program;

(2) the number of complaints against each dealer;

(3) the disposition of each complaint;

(4) the number of complaints received by type of complaint; and

(5) any other information or documents the attorney general may request.

D. All records of the program shall be available for inspection and copying by the attorney general upon request during normal business hours.

E. All proceedings of the program concerning consumer complaints shall be open to the public.

F. All consumer complaints, complaint resolutions regardless of the source of the complaint and decisions of the program shall be available for inspection and copying by the public upon reasonable notice during normal business hours.

G. The attorney general may withdraw approval of a program at any time upon a finding by the attorney general that the program has failed to comply with the requirements of these regulations or that the program, while complying, has failed to effectively and meaningfully regulate the practices of the dealers participating in the program.

N.M. Code R. § 12.2.4.29

5-1-98; Recompiled 10/15/01