Section 63-9G-5 - Complaints filed with commission; rules; administrative penalties. - New Mexico Statutes

63-9G-5. Complaints filed with commission; rules; administrative penalties.

A.     The following acts are prohibited:   

(1)     cramming or slamming; and   

(2)     disconnecting or threatening to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has been notified of the cramming or slamming.   

B.     A customer or provider may file a complaint with the commission alleging cramming or slamming. A customer may file a complaint alleging disconnection or threats of disconnection to local exchange service. The commission may combine complaints.   

C.     If the commission finds after investigation and hearing that a provider engaged in cramming or slamming or disconnected or threatened to disconnect a customer's local exchange service, it may:   

(1)     assess an administrative penalty not to exceed ten thousand dollars ($10,000) for each occurrence of cramming or slamming or for each disconnection or threat to disconnect; or   

(2)     after other sanctions have failed, suspend or revoke the provider's certificate of authority or certificate of public convenience and necessity for a deliberate pattern of cramming or slamming or disconnection or threat of disconnection.   

D.     A person aggrieved by an order of the commission pursuant to this section may appeal to the district court as provided in Section 39-3-1.1 NMSA 1978.   

E.     The remedies and penalties provided for in the Cramming and Slamming Act [63-9G-1 NMSA 1978] are in addition to any other penalties that may be imposed pursuant to any other state law or any other remedies available to consumers.