Section 65-2A-26 - Household goods voluntary dispute settlement programs. - New Mexico Statutes

65-2A-26. Household goods voluntary dispute settlement programs.

A.     A common motor carrier of household goods may submit an application to the commission to establish a program to settle disputes between shippers and common motor carriers of household goods concerning the transportation of household goods. The application shall be in a form and contain information as the commission may by rule require.   

B.     The commission shall review and approve, within forty-five days of the filing of an application, a program for settling disputes concerning the transportation of household goods that meets the requirements of Subsection C of this section.   

C.     The commission shall not approve a program for settling disputes concerning the transportation of household goods unless the program is a fair and expeditious method for settling disputes and complies with each of the following requirements and rules the commission may prescribe:   

(1)     the program is designed to prevent a motor carrier from having any special advantage in a case in which the shipper resides or does business at a place distant from the motor carrier's place of business;   

(2)     the program provides adequate notice of its availability, including a concise, understandable and accurate summary of the program and disclosure of the legal effects of using the program. The notice shall be given to the shipper before the shipper tenders the household goods to the motor carrier for transportation;   

(3)     upon request of a shipper, the motor carrier shall promptly provide forms and other information necessary to initiate an action to resolve a dispute under the program;   

(4)     a person authorized pursuant to the program to settle disputes shall be independent of the parties to the dispute and shall be capable, as determined by rules prescribed by the commission, to resolve disputes fairly and expeditiously. The program shall ensure that a person chosen to settle a dispute is authorized and able to obtain from the shipper or motor carrier any material and relevant information necessary to carry out a fair and expeditious decision-making process;   

(5)     the person settling the dispute may charge the shipper a fee of not more than twenty-five dollars ($25.00) for instituting a proceeding under the program if the program is binding solely on the carrier, but shall not charge the shipper a fee otherwise. The person settling the dispute shall refund the fee to the shipper in a case in which the dispute is settled in favor of the shipper, unless the person settling the dispute determines that the refund is inappropriate;   

(6)     the program shall not require the shipper to agree to use the dispute settlement program prior to the time that a dispute arises;   

(7)     the program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute or a party's representative, but an oral presentation shall not be made unless the parties to the dispute expressly agree to the presentation and the date, time and location of the presentation; and   

(8)     a person settling a dispute under the program shall, as expeditiously as possible, but no later than sixty days after receipt of written notification of the dispute, render a decision based on the information gathered; except that, in a case in which a party to the dispute fails to timely provide information that the person settling the dispute may reasonably require, the person settling the dispute may extend the sixty-day period for a reasonable period of time. A decision resolving a dispute may include remedies appropriate under the circumstances, including repair, replacement, refund or reimbursement for expenses and compensation for damages.   

D.     The commission may investigate at any time the functioning of a program approved under this section and may, after notice and an opportunity to be heard, suspend or revoke its approval for failure to meet the requirements of this section and rules as the commission may prescribe.   

E.     In a court action to resolve a dispute between a shipper and a common motor carrier of household goods, concerning the transportation of household goods by the carrier, the shipper shall be awarded reasonable attorney fees if:   

(1)     the shipper submits a claim to the carrier within one hundred twenty days after the date the shipment is delivered or the date delivery is scheduled, whichever is later; and   

(2)     the shipper prevails in the court action; and   

(3)     a dispute settlement program approved under this section was not available for use by the shipper to resolve the dispute; or   

(4)     a decision resolving the dispute was not rendered under a dispute settlement program approved under this section within sixty days or an extension of the sixty-day period; or   

(5)     the court proceeding is to enforce a decision rendered under a dispute settlement program approved under this section and is instituted after the period for performance under the decision has elapsed.   

F.     In a court action to resolve a dispute between a shipper and a common motor carrier of household goods concerning the transportation of household goods by the carrier, the carrier shall be awarded reasonable attorney fees by the court only if the shipper brought the action in bad faith:   

(1)     after resolution of the dispute under a dispute settlement program approved under this section; or   

(2)     after institution of a proceeding by the shipper to resolve the dispute under a dispute settlement program approved under this section; and before:   

(a)     the expiration of the sixty-day period or extension of the sixty-day period for resolution of the dispute; and   

(b)     a decision resolving the dispute is rendered under the program.