N.M. Admin. Code § 17.11.28.14

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

Section 17.11.28.14 - INMATE CALLING SERVICE RATES, FEES AND CHARGES

A. All ICSPs must file tariffs with the commission which set forth the services provided along with any rates, fees, or charges for those services and list each correctional institution to which those rates, fees, or charges apply. Tariffs shall also identify the billing and collection methods utilized by the ICSP such as collect calling, debit calling, prepaid calling or prepaid collect calling. No tariff or proposed tariff shall contain misleading, potentially misleading, deceptive, or fraudulent names, rates, fees, charges, terms or conditions.

B. Rate caps shall be determined periodically by the commission on its own motion following notice and a public hearing, but no more frequently than once every three years, with one exception: if the federal communications commission issues an order revising any of its rate caps applying to interstate inmate calling services, the commission may conduct a review of the rate caps adopted in this rule, following notice and a public hearing, within less than three years of its last rate caps review. In the absence of a hearing by the commission, the rate caps previously established will remain in effect.

C. Any changes in ICSP rates, fees or charges and any cessation or commencement of an inmate calling service at a particular correctional institution resulting from a new, renewed, or Adopted contract between an ICSP and the correctional institution must be reflected in a proposed tariff amendment filed no later than 90 days after the final award of the contract to the ICSP or after any agreement to change the rates, fees or charges is reflected in a renewed or Adopted contract.

(1) The ICSP shall file with the commission an original and five copies of the proposed tariff changes within the time frame provided for in this rule, or in the alternative, file the proposed tariff in accordance with any electronic filing policy adopted by the commission modifying that requirement. The ICSP shall include in its filing a sequentially numbered transmittal letter, (e.g., 2010-1, 2010-2, etc.) containing a description of the proposed tariff changes. The proposed tariff shall be served on the attorney general and all interested persons requesting service of such changes in a docket established by the commission for such filings. The proposed tariff change shall comply with all applicable commission rules. The proposed tariff changes may go into effect 15 business days after the tariff filing unless staff, attorney general or an interested person, notifies the ICSP within said 15 business days of its concerns regarding the proposed tariff changes. If staff and the ICSP are able to resolve the stated concerns within 15 business days after the tariff filing, the proposed tariff changes may go into effect and no public hearing shall be required.

(2) If the interested person, attorney general, staff, and the ICSP are unable to resolve the concerns, staff shall file a protest with the records management bureau of the administrative services division, and promptly send a copy to the ICSP and the proposed tariff change shall not go into effect. The records management bureau shall assign a docket number to the protest. The protest shall include a case caption and a heading that states "protest". The protest shall include as an attachment the proposed tariff changes filed by the ICSP and any additional information furnished to the interested person, attorney general, and staff by the ICSP. The applicant shall have the burden of showing, after notice and hearing, why the proposed new service, promotion, or tariff change is in the public interest.

(3) On the same day it files the proposed tariff changes with the commission, the ICSP shall also submit an electronic copy of the transmittal letter containing the identity of the telecommunications company, a summary of the proposed new service, promotion or tariff change, and its effective date. The commission may prescribe additional form, content, manner of filing, or other requirements. The foregoing shall be served on the staff, attorney general, and all interested persons requesting service of such filings.

(4) The ICSP shall provide notice of a rate change to incarcerated persons and consumers by promptly providing signage with the new rates for the correctional institution in the manner described in Subsection B of 17.11.28.11 NMAC, and via telephone free of charge each time a funding transaction related to a prepaid account takes place.

D. Any other changes in ICSP rates, fees, charges, or type of service, and any addition of a new service must be reflected in a proposed tariff amendment. No such change may be effectuated by the ICSP prior to commission approval of the tariff amendment.

(1) The ICSP shall file with the commission an original and five copies of the proposed tariff changes within the time frame provided for in this rule, or in the alternative file the proposed tariff in accordance with any electronic filing policy adopted by the commission modifying that requirement. The ICSP shall include in its filing a sequentially numbered transmittal letter, (e.g., 2010-1, 2010-2, etc.) containing a description of the proposed tariff changes. The proposed tariff shall be served on the attorney general and all interested persons requesting service of such changes in a docket established by the commission for such filings. The proposed tariff change shall comply with all applicable commission rules. The proposed tariff changes may go into effect 15 business days after the tariff filing unless staff, the attorney general, or an interested person notifies the ICSP within said 15 business days of its concerns regarding the proposed tariff changes. If the interested persons, the attorney general, staff, and the ICSP are able to resolve the concerns within 15 business days after the tariff filing, the proposed tariff changes may go into effect and no public hearing shall be required.

(2) If staff, the attorney general, the interested person, and the ICSP are unable to resolve the concerns, staff, the attorney general, or any interested person may file a protest with the records management bureau of the administrative services division, and promptly send a copy to the ICSP and the proposed tariff change shall not go into effect. The records management bureau shall assign a docket number to protest. The protest shall include a case caption and a heading that states "protest". The protest shall include as an attachment the proposed tariff changes filed by the ICSP and any additional information furnished to staff, the attorney general and all interested persons, by the ICSP. The applicant shall have the burden of showing, after notice and hearing, why the proposed new service, promotion, or tariff change is in the public interest.

(3) On the same day it files the proposed tariff changes with the commission, the ICSP shall also submit an electronic copy of the transmittal letter containing the identity of the telecommunications company, a summary of the proposed new service, promotion or tariff change, and its effective date. The commission may prescribe additional form, content, manner of filing, or other requirements. The foregoing shall be served on staff, attorney general, and all interested persons requesting service of such filings.

E. Every institutional phone in New Mexico shall provide access to the services listed below without the use of coins or cards of any type, and without any charge to the consumer:

(1) any call to obtain a refund;

(2) access to automated operator services necessary to establish a call.

F. An ICSP may not bill any rate, fee, or ancillary service charge that is not part of its tariff.

G. An ICSP may not bill or charge any ancillary service charge in connection with the establishment of, funding to, or refunding from an account in the consumer's name used for the prepayment of inmate calling service that has not been previously approved for that purpose by the commission.

H. An ICSP may assess ancillary service charges that are included in the ICSP's filed tariffs subject to rate caps and prohibitions stated herein.

I. Effective dates: The rate caps and prohibitions established pursuant to this rule:

(1) apply to prisons 30 days from the effective date of this rule;

(2) apply to jails with a ADP of 150 or greater 60 days from the effective date of this rule;

(3) apply to and jails with an ADP of 25 to 149 90 days from the effective date of this rule; and

(4) apply to jails with an ADP of 0 to 25 150 days from the effective date of this rule.

N.M. Admin. Code § 17.11.28.14

17.11.28.14 NMAC - N, 08-15-13, Adopted by New Mexico Register, Volume XXXIV, Issue 21, November 7, 2023, eff. 11/7/2023