N.M. Admin. Code § 17.11.10.26

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

Section 17.11.10.26 - COMPLIANCE WITH CONTRIBUTION REQUIREMENTS

A. If the administrator finds that a contributing company has not contributed the amount required by this rule, the administrator shall notify the contributing company in writing. The administrator shall request the company to pay the deficiency in its contribution.

B. The contributing company shall pay the requested amount within 21 days of the date of the notice or seek dispute resolution as provided in this rule.

C. If attempts by the administrator to collect the total requested amount from a contributing company or to resolve a dispute are unsuccessful, the administrator shall notify the commission in writing.

D. Upon request by the administrator, a complaint filed by an interested party, or on its own motion, the commission, after providing notice and an opportunity for a hearing in accordance with 17.1.2 NMAC, may issue an order requiring a contributing company to pay any arrearage in contributions that the commission finds to exist and may also impose interest, a fine or other appropriate administrative penalties or requirements or bonding to assure future compliance with contribution requirements. In the event that a contributing company fails or refuses to comply with a commission order issued pursuant to this provision, the commission may petition the appropriate district court for appropriate injunctive relief and for enforcement of the commission's order.

E. The commission may take the same types of action set forth in Subsection D of 17.11.10.26 NMAC in the event that it finds, after a proceeding of the type specified in Subsection D of 17.11.10.26 NMAC, that a contributing company or an ETC has, in any other way, violated any provision of this rule or of the rural telecommunications act of New Mexico, Sections 63-9H-1 NMSA 1978 et seq.

N.M. Admin. Code § 17.11.10.26

17.11.10.26 NMAC - Rp, 17 NMAC 13.10.31, 11/30/05, Adopted by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 1/1/2015, Adopted by New Mexico Register, Volume XXVII, Issue 02, January 29, 2016, eff. 1/29/2016, Adopted by New Mexico Register, Volume XXVII, Issue 24, December 30, 2016, eff. 1/1/2017, Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 1/1/2018, Adopted by New Mexico Register, Volume XXXII, Issue 03, February 9, 2021, eff. 2/9/2021, Adopted by New Mexico Register, Volume XXXV, Issue 05, March 12, 2024, eff. 3/12/2024