reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.22 - ARBITRATION DEFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				subject matter of a prohibited practices complaint requires the interpretation
				of a collective bargaining agreement; and the parties waive in writing any
				objections to timeliness or other procedural impediments to the processing of a
				grievance, and the director determines that the resolution of the contractual
				dispute likely will resolve the issues raised in the prohibited practices
				complaint, then the director may, on the motion of any party, defer further
				processing of the complaint until the grievance procedure has been exhausted
				and an arbitrator's award has been issued.
B. Upon its receipt of the arbitrator's
				award, the complaining party shall file a copy of the award with the director,
				and shall advise the director in writing that it wishes either to proceed with
				the prohibited practice complaint or to withdraw it. The complaining party
				shall simultaneously serve a copy of the request to proceed or withdraw upon
				all other parties.
C. If the
				complaining party advises the director that it wishes to proceed with the
				prohibited practices complaint, or if the board on its own motion so
				determines, then the director shall review the arbitrator's award. If in the
				opinion of the director, the issues raised by the prohibited practices
				complaint were fairly presented to and fairly considered by the arbitrator, and
				the award is both consistent with the Act and sufficient to remedy any
				violation found, then the director shall dismiss the complaint. If the director
				finds that the prohibited practice issues were not fairly presented to, or were
				not fairly considered by, the arbitrator, or that the award is inconsistent
				with the Act or that the remedy is inadequate, then the director shall take
				such other action deemed appropriate. Among such other actions, the director
				may accept the arbitrator's factual findings while substituting legal
				conclusions and remedies pursuant to Subsection F of Section
				10-7E-9
				NMSA 1978 appropriate for the prohibited practice issues.
D. In the event that no arbitrator's award
				has been issued within one year following deferral under this rule, then the
				director may, after notice and in the absence of good cause shown to the
				contrary, dismiss the complaint.
E.
				The director's decision either to dismiss or further process a complaint
				pursuant to this rule may be appealed to the board under the procedure set
				forth in
				11.21.3.13
				NMAC. Interim decisions of the director under this rule, including the initial
				decision to defer or not to defer further processing of a complaint pending
				arbitration, shall not be appealable to the board.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employee Labor Relations Board, 2929 Coors NW, Suite
				  #303, Albuquerque, NM 87120, (505) 831-5422.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of Part 5 of Chapter 21 applies to public employers
				  and labor organizations as defined by the Public Employee Bargaining Act
				  (1-7E-1 to 10 7E-26 NMSA 1978).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 5 of Chapter 21 is the Public Employee
				  Labor Relations Act NMSA Sections 1 through 26 (10-7E-1 to 1-7E-26
				  NMSA 1978).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 Chapter 21 is to provide procedures
				  necessary for a public employer other than the state to comply with the
				  provisions of Sections
				  10-7E-9
				  and
				  10-7E-10
				  NMSA 1978 (2020) for continued operation of a local labor
				  board.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.8 - BIENNIAL AFFIRMATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any local board approved pursuant to Subsection A above,
				  shall submit the affirmation required by Subsection D of Section 10 of the Act
				  between November 1, and December 31 of each odd numbered year. Affirmations
				  shall be filed with the board in accordance with NMAC 11.21.1.10 and shall
				  substantially conform with the form created for that purpose and posted on the
				  board's website.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.10 - CONTENTS OF APPLICATION FOR VARIANCE FROM BOARD APPROVED ORDINANCE, RESOLUTION, OR CHARTER AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				certain instances variances from the board approved ordinance, resolution or
				charter amendment may be required by the unique facts and circumstances of the
				relevant local public employer, to effectuate the purposes of the
				Act.
B. In such instances, an
				application for approval shall be submitted to the PELRB which specifies the
				particular facts and circumstances requiring such variance, and inform the
				board of any exclusive representing employees of the local public employer, and
				any other labor organizations believed by the public employer to be involved in
				attempting to organize any local public employees.
C. Upon receipt of an application for
				approval seeking variance from a board approved ordinance, resolution or
				charter amendment , the director shall hold a status conference with the local
				public employer or its representative and any identified interested labor
				organizations, to determine the issues and set a hearing date. Upon setting a
				hearing, the director shall cause notice of the hearing to be issued in
				accordance with Subsection B of
				11.21.1.16 NMAC
				of these rules. In the event that the board determines that such variance is
				warranted, and the resolution, ordinance or charter amendment otherwise
				conforms to the requirements of the act and these rules, it shall authorize the
				director to proceed in processing the application pursuant to these
				rules.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.11 - SUBMISSION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each local
				board, shall submit a verified copy of the procedural rules enacted by the
				applying local board necessary to accomplish its functions and duties under the
				Act.
B. Any proposed changes to the
				procedural rules of a local board must be approved by the PELRB prior to being
				enacted by the local board using the procedure set forth in
				11.21.5.9
				NMAC for ordinances, resolutions, and charter amendments.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.12 - REVIEW OF LOCAL BOARD APPLICATIONS BY THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receiving an application for approval
				pursuant to 11.21.5.9 or 11.21.5.10 of these rules, the board shall conduct an
				administrative review of the application and, at a properly noticed public
				meeting or hearing, shall formally approve or disapprove the application.
				Public notice of such meetings or hearings shall be provided as required by
				law.
B. In considering such an
				application for approval, the board shall review all applications for approval
				in light of the requirements of Section 10 of the Act and 11.21.5 NMAC. The
				board shall require that the ordinance, resolution or charter amendment
				creating the local board be amended as necessary in order to meet the
				requirements of Section 10 of the Act and 11.21.5 NMAC.
C. Upon a finding that the application meets
				statutory and regulatory requirements, the board shall approve such application
				If after approval pursuant to this rule a local board fails to act on or
				respond to a filing by an employee organization or public employer or public
				employee within a reasonable time, or otherwise acts in a manner inconsistent
				with Section
				10-7E-9
				NMSA 1978 (2020) the board shall exercise its jurisdiction over any matters
				then pending before the local board pursuant to Section 2 of the Act.
D. In the event an application demonstrates
				that the proposed change does not meet the standards of Section 10 of the Act
				and 11.21.5 NMAC, the application shall be rejected and returned to the public
				employer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.13 - LOCAL BOARD REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Following board approval of a local board,
				the local board or the public employer that created it shall file with the
				board any amendments to the ordinance, resolution, or charter amendment,
				creating the local board, or any procedural rules within 30 days of such
				changes, and timely respond to any inquiries by this board of its staff made
				pursuant to Sections 9 and 10 of the Act.
B. Each local board shall inform the board of
				any changes to the membership of the local board within 30 days of the
				resignation or appointment of any member of the local board. Such
				communications shall be in writing and filed with the board in accordance with
				NMAC 11.21.1.10.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 5 - LOCAL BOARDS › Section 11.21.5.14 - REVOCATION OF APPROVAL OF LOCAL BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the issuance of a final order of the board or judgment
				  by a court of competent jurisdiction, finding that a local board is not in
				  compliance with the Act, all matters theretofore pending before the local board
				  shall be removed to and come under the jurisdiction of the
				  board.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Unfair Practices Act, Section
				  57-12-1
				  NMSA 1978 et seq.; New Mexico Pyramid Promotional Schemes Act, Section
				  57-13-11
				  NMSA 1978; New Mexico False Advertising Act, Section
				  57-15-7
				  NMSA 1978; New Mexico Indian Arts and Crafts Act, Section
				  30-33-11
				  NMSA 1978; and New Mexico Charitable Organizations and Solicitations Act,
				  Subsection C of Section
				  57-22-9
				  NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules govern the procedures for rule-making by the
				  attorney general and shall be construed to secure a just and speedy
				  determination of every proceeding. The purpose is to promote uniformity with
				  respect to rule-making and this part shall be liberally construed to carry out
				  that purpose.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following words when used in this part, except as
				  otherwise required by the context, shall have the following meaning:
A. "Attorney general" means the office of the
				attorney general or any division therein.
B. "Rule" includes the whole or any part of
				every regulation of general or particular application adopted by the attorney
				general to implement, interpret or prescribe law enforced or administered by
				the attorney general, if the adoption or issuance of such rules is specifically
				authorized by the law giving the attorney general jurisdiction over such
				matters.
C. "Rule-making" means any
				process for the promulgation, adoption, amendment or repeal of a
				rule.
D. "Proceeding" means any
				division process in connection with rule-making.
E. "Action" includes the whole or part of
				every rule or failure to act upon a proposed rule.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.8 - RULE-MAKING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to other rule-making requirements imposed by law,
				  the attorney general shall:
A. make
				available all required or suggested forms, together with proper instructions
				pertaining thereto; and make available for public inspection all rules
				formulated, adopted or used by the attorney general in the discharge of his
				functions; and
B. provide a
				reasonable manner at a reasonable cost for interested persons to obtain copies
				of items described in Paragraph 8.1.1 of this section [now Subsection A of
				12.2.1.8 NMAC].
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.9 - RULE-MAKING PREREQUISITES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prior to the adoption, amendment or repeal of any rule, the attorney general
				shall, within the time specified by law, or if no time is specified, then at
				least 30 days prior to its proposed action:
(1) publish notice of the proposed action in
				the state register; and
(2) notify
				any person specified by law, and, in addition, any person or group filing a
				written request for notice of proposed action which may affect that person or
				group, notification being by mail or otherwise to the last address specified by
				the person or group. The notice shall:
(a)
				give the time and place of any public hearing or state the manner in which
				data, views or arguments may be submitted to the attorney general by any
				interested person;
(b) either state
				the express terms or adequately describe the substance of the proposed action
				or adequately state the subjects and issues involved; and
(c) include any additional matter required by
				any law, together with specific reference to the statutory authority under
				which the rule is proposed;
(3) afford all interested persons reasonable
				opportunity to submit data, views or arguments orally or in writing. If the
				attorney general finds that oral presentation is unnecessary or impracticable,
				he may require data, views or arguments to be submitted in writing.
(4) All written documents shall be submitted
				to the attorney general no later than 30 days after the conclusion of any
				hearing. Where oral presentation is unnecessary or impracticable, written
				documents shall be submitted no later than 30 days after publication of a
				notice of a proposed rule in the state register. The attorney general shall
				consider fully all written and oral submissions respecting the proposed rule.
				Upon adoption of a rule contested at hearing or otherwise, the attorney general
				shall issue a concise statement of his principal reasons for adoption of the
				rule together with the reasons for any rejections. All persons heard or
				represented at any hearing or who submit any writing to be considered in
				connection with the proposed rule, shall promptly be given a copy of the
				decision by mail or otherwise.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.10 - RULES; PUBLICATION AND REVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The attorney general:
(1) shall compile and publish all effective
				rules adopted by the attorney general. Compilations shall be supplemented or
				revised as often as necessary and at least once every two years;
(2) shall publish an annual bulletin setting
				forth the text of all rules filed during the previous year, excluding rules in
				effect upon the adoption of this procedure; and
(3) may omit from the bulletin or compilation
				any rule, the publication of which would be unduly cumbersome, expensive or
				otherwise inexpedient, if the rule, in printed or processed form, is made
				available on application to the adopting agency and if the bulletin or
				compilation contains a notice stating the general subject matter of the omitted
				rule and stating how a copy thereof may be obtained.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.11 - PETITIONS FOR ADOPTION; AMENDMENT OR REPEAL OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Any interested person may petition the attorney general
				  requesting the promulgation, amendment or repeal of a rule and may accompany
				  his petition with data, views and arguments he or she thinks pertinent. Within
				  sixty days after the submission of a petition, the attorney general shall
				  either deny the petition in writing stating the reasons for the denial or shall
				  initiate rule-making proceedings in accordance with Section 9 of this Part [now
				  12.2.1.9
				  NMAC].
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.12 - JUDICIAL REVIEW BY DECLARATORY JUDGMENT; GRANTING RELIEF NOT OTHERWISE PROVIDED FOR

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by law, the validity or
				  applicability of a rule may be determined in an action for declaratory judgment
				  in any district court which has jurisdiction.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.13 - AMENDMENT AND REPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this part may be amended, repealed or
				  superseded by another act of the legislature or the attorney general only by
				  direct reference to the section or sections of this part being amended,
				  repealed or superseded.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.14 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of any part of these procedures is
				  held invalid, the remainder and application thereof shall not be
				  affected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 1 - GENERAL PROVISIONS › Section 12.2.1.15 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
Original Adoption and Promulgation
Tom Udall
Attorney General
Date: 1/17/92
Readoption and Repromulgation
Tom Udall
Attorney General
Date: 4/9/98
Tom Udall
Attorney General
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 purpose in so doing is the direct or indirect
				promotion of a product, service or business entity, or the generation of money
				through the collection of entry fees or other consideration. Game promotions
				shall encompass, without limitation, such terms as "contest", "giveaway",
				"sweepstakes", "drawing" or "game".
B. As used in these regulations,
				"consideration" means anything of pecuniary value, and includes any business
				advantage to the sponsor, user or promoter of the game promotion.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.8 - STATEMENT OF BASIS

Current through Register Vol. 35, No. 13, July 16, 2024
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 conducted by that office, it was determined that much
				promotional material was potentially deceptive with respect to not only what
				was stated in the literature, but what was omitted. Confusion and misleading
				information was especially prevalent in the areas of the consideration required
				to enter a game promotion, odds of winning and the nature of prizes to be
				awarded. Solicitation of consumer comment on an Albuquerque television program
				also resulted in a large response, and a strong expression of opinion by New
				Mexico consumers that the game promotion industry should be strictly
				regulated.
B. Proposed game
				promotion regulations were issued in draft form on June 1, 1977, in accordance
				with procedures filed with the state records center by the attorney general
				pertaining to issuance of regulations under the New Mexico Unfair Practices
				Act, False Advertising Act and Pyramid Sales Act (see 1 NMAC 2.3) [now 12.2.3
				NMAC]. Notice was published in 12 newspapers across the state, pursuant to the
				procedures mentioned above, announcing the fact that regulations had been
				proposed, describing the regulations briefly and stating that a public hearing
				would be held on July 1, 1977 at the Bataan Memorial Building in Santa Fe. The
				testimony submitted at the hearing was that the regulations were ambiguous,
				and, unless clarified, might result in enforcement which was too restrictive
				and prohibitive. Testimony was received that a more effective regulatory
				approach would be to require a wide range of disclosures, with written
				substantiation of the disclosed information.
C. The game promotion regulations were
				re-drafted in accordance with the approach suggested at the hearing. The basic
				features of the revised regulations are the disclosure and substantiation
				requirements. In addition, a game promotion designed solely to sell a product
				or service at a discount was found to be an unfair and deceptive trade
				practice. The revised regulations were disseminated to interested parties, and
				all comments received were incorporated into the final draft, which is
				promulgated herewith pursuant of the Unfair Practices Act and of the False
				Advertising Act.
D. It is not the
				intention of these regulations to authorize any lottery prohibited by the New
				Mexico statute relating to gambling, Section
				44-5-1
				NMSA 1978 et seq., or to prohibit any otherwise lawful game promotion except to
				the extent that it may be false or misleading.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.9 - ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
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 winning any
				  prize, amount of consideration required to enter, nature of the prize or any
				  other aspect of the game promotion.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.11 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 false, misleading or deceptive game
				  promotion.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.12 - DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
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 competitive enterprise from which a winner or
				select group of winners will receive a prize or opportunity when, in fact, the
				contest is no more than the sale of a product or service at a discounted price
				and, to that end, most if not all of the entrants receive prizes which have
				value, if at all, only when applied towards the purchase of said product or
				service.
B. A sponsor, user or
				promoter of any game promotion shall maintain written documentation in support
				of each and every disclosure requirement stated in these regulations. Sponsors,
				users or promoters shall, upon written demand from the attorney general's
				office, provide that office with substantiating evidence on any required
				disclosure.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.13 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of these regulations is held invalid, the
				  remainder of the regulations and applications thereof shall remain
				  unaffected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.14 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
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
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Promoters and sellers of subdivided land, time-share
				  interests, condominiums and membership campgrounds.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 the rule-making procedures adopted in 1 NMAC 3.3.10 [now
				  1.24.10 NMAC] and 1 NMAC 2.1 [now 12.2.1 NMAC].
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 practices in the context
				  of the specific issues raised by time-share and related promotions. The
				  specificity of these regulations is designed to assist the industry in knowing
				  precisely what practices have caused substantial concern and merit
				  particularized guidelines. The scope of these regulations is thus rationally
				  based.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 coupled with an estate or interest in a condominium or
				a specified portion thereof, or any other estate or interest in land.
B. "Membership campground" means any
				enterprise that has as one of its purposes camping or outdoor recreation,
				including the use of camping sites, which solicits memberships paid for by a
				fee or periodic payments, and which provides camping facilities primarily for
				the use of contractual members. "Membership campground" does not include:
(1) a mobile home park as defined by Section
				47-10-2
				NMSA 1978;
(2) camping or
				recreational trailer parks which are open to the general public and which
				provide camping sites only for a per use fee; or
(3) any enterprise that is tax exempt under
				Section 501(c) (3) of the Internal Revenue Code of 1954, as amended.
				"Membership" in this context means the contractual right or license to use
				campground facilities for more than 14 days in a year.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.9 - REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for any person to
				  engage in a game promotion in connection with the sale or lease of subdivided
				  land, condominiums, time-share interests or campground memberships unless the
				  game promotion is in compliance with the following regulations:
A. General regulations.
(1) Claims or representations contained in
				any promotional material shall be accurate.
(2) Promotional materials shall state fully
				and clearly all factual material so as neither to misrepresent the facts nor to
				create misleading impressions.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 3 - REQUIREMENTS FOR THE PROMOTION AND ADVERTISING OF SUBDIVIDED LAND, TIME SHARE INTERESTS, CONDOMINIUMS AND MEMBERSHIP CAMPGROUNDS ISSUED PURSUANT TO NEW MEXICO'S UNFAIR PRACTICES ACT AND FALSE ADVERTISING ACT › Section 12.2.3.10 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
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
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All vehicles may be classified as one of the
				  following:
A. "Used" shall mean
(1) a vehicle that has previously been sold
				to a retail buyer who has taken possession of the vehicle and the vehicle has
				been driven a total of at least two hundred (200) miles by one or more retail
				buyers; or
(2) a vehicle for which
				the manufacturer's certificate of origin or the manufacturer's statement of
				origin has been surrendered to a registration authority, unless the certificate
				or statement has subsequently been returned, uncancelled, to the dealer or a
				substitute certificate or statement has been issued to the dealer.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.8 - VEHICLE CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				an unfair or deceptive trade practice for a dealer to describe a vehicle as new
				when it is either used or a demonstrator or to describe a vehicle as a
				demonstrator when it is used.
B. It
				is an unfair or deceptive trade practice for dealers to use any phrase
				containing the word "new" to describe a vehicle which is not new.
C. It is an unfair or deceptive trade
				practice for a dealer to use any description which would lead a reasonable
				person to believe that
(1) a vehicle is new if
				the vehicle is not new or
(2) that
				a vehicle is a demonstrator if the vehicle is used.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.9 - SPOT DELIVERIES

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for any dealer to
				  advertise or otherwise represent a vehicle as new if the vehicle has been
				  delivered to a retail buyer who signed a contract obligating the buyer to pay
				  the purchase price of the vehicle in exchange for the vehicle and the vehicle
				  has been driven a total of at least two hundred (200) miles by one or more
				  retail buyers; provided, however, that this section shall not be construed to
				  prohibit a dealer from titling a vehicle that has been spot delivered as a new
				  vehicle or providing new vehicle financing or warranty coverage for a vehicle
				  that was previously spot delivered, if the vehicle is otherwise eligible for a
				  new vehicle, financing or warranty coverage.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.10 - DISCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Manufacturers
				are required by federal law to label new automobiles with a suggested retail
				price. See
				15 USC
				1232. Automobiles as defined by federal law
				include passenger cars and station wagons. Federal law does not require similar
				labeling for other vehicles.
B. It
				is an unfair or deceptive trade practice to advertise a discount price or price
				savings for a new motor vehicle unless the discount or savings claim is made in
				reference to a reference price that is objectively verifiable using data not
				solely subject to the dealer's control, such as the manufacturer's suggested
				retail price or the invoice price, and:
(1)
				the claim is not deceptive;
(2) the
				dollar amount of the reference price meets any applicable requirement such as
				Section 15 [now 12.2.4.15 NMAC]; and
(3) the resulting price meets the
				requirements of these regulations.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.11 - "OVER INVOICE/UNDER INVOICE" DISCOUNT CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer to
				  use the term "invoice" or "invoice price" in advertising unless the term is
				  used in reference to the manufacturer's or distributor's total invoice price on
				  a vehicle and the advertisement clearly and conspicuously includes one or both
				  of the following disclosures:
A. "the
				invoice may not represent actual dealer cost"; or
B. "the factory invoice refers to the
				manufacturer's or distributor's total invoice price".
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.12 - BELOW MARKET FINANCE CHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				dealer participation in "buying down" an interest rate may affect the final
				price of the vehicle, it is an unfair or deceptive trade practice for a dealer
				to fail to clearly and conspicuously disclose that fact in any advertisement
				offering the interest rate.
B. It
				is an unfair or deceptive trade practice for a dealer to advertise below market
				financing rates unless the advertisement clearly and conspicuously discloses
				all the terms which must be met in order to qualify for that advertised rate.
				Examples are large down payments, hidden finance charges, unusual terms of the
				loan or higher selling prices.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.13 - HIDDEN DISCLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				an unfair or deceptive trade practice for a dealer to obscure or make
				misleading any material fact in any advertisement or sales presentation by the
				use of layout, headlines, illustrations, footnotes, style, sound, length of
				time, lighting, color or type size of an advertisement or any portion of an
				advertisement.
B. It is an unfair
				or deceptive trade practice for a dealer to use any disclosure or disclaimer in
				an advertisement unless the disclosure or disclaimer is clear and conspicuous
				and in close proximity to the terms it modifies.
C. It is an unfair or deceptive trade
				practice for a dealer to use television advertisements with disclosures that
				are in such fine print or appear on the screen so briefly that they cannot be
				easily read.
D. Comment. Each
				advertisement shall be evaluated for its overall impression. The public should
				not have to weigh each word, hunt for the hidden meaning of each statement or
				search for inconspicuous disclaimers. Dealers shall not advertise by placing
				important disclosures in small print, inconspicuously buried at the bottom of
				the advertisement.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.14 - "FREE GIFTS"

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an
				unfair or deceptive trade practice for a dealer to represent that another
				product or service is being offered "free" or at no cost with the sale if a
				product or service usually is sold at a price arrived at through bargaining,
				rather than at a fixed price. FTC Guidelines at
				16 CFR
				251.1(g).
B. It is an unfair or deceptive trade
				practice for a dealer to use the word "free" or words of like meaning and
				import when describing a gift or other item to be given to a customer who
				purchases a product or service if the selling price of the product or service
				is increased as a result of the "free" item or if the product or service can be
				purchased for a lesser price without the "free" item.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.15 - TRADE-INS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice for a dealer to use a guaranteed trade-in amount or
				range of amounts in any advertising.
B. It is an unfair or deceptive trade
				practice for a dealer to use a multiple, such as "double", or other type of
				increased trade-in allowance in any advertising.