N.M. Admin. Code § 17.5.410.41

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.5.410.41 - FAILURE TO COMPLY WITH INSTALLMENT AGREEMENT

A. If a residential customer fails to comply with an installment agreement, a utility may discontinue service after notifying the residential customer by personal delivery of written notice, by first class mail or electronic mail, if the residential customer has elected to receive electronic billing, that the residential customer is in default of the installment agreement.

(1) The notice shall be written in simple language in English and Spanish and shall state:

(a) the nature of the default;

(b) the specific date service shall be stopped; and

(c) the following statements: "if you have difficulty paying this bill, and feel you may qualify for assistance in paying your utility bill from the low-income home energy assistance program (LIHEAP) or another assistance program in your community, contact the human services department at 1-800-283 -4465, the tribal or pueblo entity that administers a tribess or pueblo's LIHEAP, or contact the residential customer service representative at this utility; application forms for LIHEAP are available at the billing offices of this utility, at the human services department, and at the tribal or pueblo entity that administers a tribe's or pueblo's LIHEAP; application forms should be returned to the human services department or the tribe or pueblo entity that administer's a tribe's or pueblo's LIHEAP; the human services department and the tribal or pueblo entity, and not this utility, administer the program and determine your eligibility to receive assistance."

(2) The notice shall also state that unless a payment which brings the installment agreement current is made within seven (7) days from the date of notice the utility will discontinue service on or after the specific date identified in the notice; provided, however, that during the period from November 15 to March 15, the provisions of 17.5.410.30 NMAC shall apply.

B. Each utility shall provide a procedure for reviewing residential customer allegations that a proposed installment agreement is unreasonable, that a utility charge is not due and owing, or that the residential customer has not violated an existing installment agreement. Such procedure shall provide due notice to residential customers, shall not be conducted by the credit department of the utility, and shall authorize the reviewing employee to order appropriate corrective action. A utility shall not discontinue service until the review is completed.

C. Nothing in 17.5.410.40 through 17.5.410.41 NMAC shall preclude a utility and a residential customer from renegotiating the terms of an installment agreement.

N.M. Admin. Code § 17.5.410.41

17.5.410.41 NMAC - Rp, 17.5.410.42 NMAC, 7-1-11