N.M. Admin. Code § 1.2.2.14

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.2.2.14 - INFORMAL COMPLAINTS

Informal complaints are ordinarily handled by the consumer relations division through the informal complaint process outlined in this section, but from time to time, any and all commission employees or commissioners may receive complaints and inquiries from consumers and constituents and provide assistance to them consistent with their job duties and management direction. Any commission employee who receives an informal complaint should notify the consumer relations division. Informal complaints against owners and operators of gas and hazardous liquid pipelines and underground facilities and one-call notification systems, or fire marshal-regulated entities shall be submitted directly, as appropriate, to the transportation division or fire marshal division.

A.Initiation:

(1) A person may initiate an informal complaint by letter, facsimile transmission, electronic mail, or other writing, via the commission's web site at www.nmprc.state.nm.us, by telephone, or in person at the offices of the consumer relations division of the commission.

(2) Staff shall assist persons making informal complaints by telephone or in person in creating a written record.

(3) The staff shall endeavor to resolve informal complaints by correspondence or conference with the persons affected.

(4) Informal complaints will not arrest the running of any limitations period.

B. Contents:

(1) A written informal complaint shall set forth:

(a) the name, telephone number (if any), and address of the complainant;

(b) the name and address of the person against whom such complaint is made;

(c) the nature of the complaint in a clear and concise manner;

(d) a brief statement of the facts forming the basis of such complaint; and

(e) the relief requested.

(2) The complaint shall also state whether the complainant has pursued all remedies with the regulated entity.

(3) The written complaint need not be in affidavit form.

(4) If the informal complaint does not initially contain the information described in this paragraph, a member of the staff will contact the complainant to attempt to obtain the missing data.

C.Without prejudice: The filing of an informal complaint shall not preclude the complainant from filing a formal complaint at any time. The submission of an informal complaint is not a prerequisite to filing a formal complaint.

D.Commission investigation of complaint:

(1) Upon receipt of an informal complaint the commission shall, when appropriate, advise the regulated entity within a reasonable period of time that a complaint has been submitted against it. The commission shall provide the regulated entity with a copy of a written informal complaint prior to requiring a response from the regulated entity.

(2) The staff shall review and investigate the complaint and shall advise the complainant and the regulated entity of the results of the investigation within sixty (60) days. The commission may extend the time for good cause.

(3) If the complaint is against a motor carrier and is safety related, and the motor vehicle weighs 10,001 pounds or more, staff shall also refer the complaint to the motor transportation division.

E. Choice of procedure: If staff is unable to resolve an informal complaint to the satisfaction of the parties, either party may within five (5) days after receipt of the results of the investigation:

(1) request mediation;

(2) request arbitration; or

(3) file a formal complaint.

N.M. Admin. Code § 1.2.2.14

1.2.2.14 NMAC - Rp, 17 NMAC 1.2.17, 9-1-08