N.M. Admin. Code § 17.5.410.42

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

Section 17.5.410.42 - CUSTOMERS' RIGHTS AND RESPONSIBILITIES

A statement of customer's rights and responsibilities is required to be enclosed in each 15-day notice of discontinuance of service and served by a utility on a residential customer pursuant to 17.5.410.33 NMAC. Each statement shall be in both English and Spanish and shall be on file with the commission.

A. Each statement shall be entitled in bold letters "your rights and responsibilities regarding discontinuance of services".

B. Each statement shall be addressed to "Dear (utility name) residential customer.

C. Each statement shall include:

(1) a statement that "this notice is to inform you that your utility payment is past due; your service will be disconnected after the date printed on the enclosed bill if payment is not made by then; upon request, we can provide outstanding charge information to you including the dates of service during which the outstanding charges were incurred and the date and amount of the last payment";

(2) a statement that "you can participate in a payment plan if you can demonstrate that you do not have the financial resources to pay the outstanding amount, or if you are low income or are subject to other special circumstances";

(3) a statement in capital letters that "IF YOU HAVE DIFFICULTY PAYING THIS BILL, AND FEEL YOU MAY QUALIFY FOR ASSISTANCE IN PAYING YOUR UTILITY BILL FROM THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM, OR ANOTHER ASSISTANCE PROGRAM IN YOUR COMMUNITY, CONTACT THE COMMUNITY ASSISTANCE SECTION OF THE HUMAN SERVICES DEPARTMENT AT 1-800-283 -4465, THE TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS A TRIBE'S OR PUEBLO'S LIHEAP, OR THE CUSTOMER SERVICE REPRESENTATIVE AT THIS UTILITY";

(4) a statement in capital letters that "LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) APPLICATION FORMS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM ARE AVAILABLE AT THE BILLING OFFICES OF THIS UTILITY, AT THE HUMAN SERVICES DEPARTMENT, AND AT THE TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS A TRIBE'S OR PUEBLO'S LIHEAP. YOU SHOULD RETURN THE APPLICATION FORMS TO THE HUMAN SERVICES DEPARTMENT OR THE TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS THE PROGRAM AND DETERMINES YOUR ELIGIBILITY TO RECEIVE ASSISTANCE";

(5) a statement that "if you believe that there is an error in your billing, contact us immediately for a review; after you pay the undisputed amount of your bill, we will postpone disconnection of your service until the dispute is resolved";

(6) a statement that "if you or someone in your household are seriously or chronically ill, we will not disconnect your service, if at least two days before the disconnection date, we receive an original of the attached [utility name] medical and financial certification forms; the medical certification form must be completed by a licensed medical professional; an original of the attached financial certification form, stating that you qualify for financial assistance, must be completed by an agency providing assistance in or for the state of New Mexico;

(7) a statement that "if your service has been disconnected, we will restore service within twelve hours after you have satisfied the certification requirements above; your obligation to pay your bill is not relieved if service is continued or reestablished because we receive these certifications";

(8) a statement that "between November 15 through March 15, if you qualify for low income home energy assistance program (LIHEAP), you may be protected from having your services disconnected for non-payment; for more information, please call us at (utility telephone number)";

(9) a statement in capital letter that "TO RESTORE SERVICE THAT HAS BEEN DISCONNECTED, A RECONNECT FEE OF $________ MAY BE CHARGED";

(10) a statement of the utility-specific programs, if any;

(11) a statement that "we can put you in touch with other organizations in your community that might be able to help you; if you have a relative, friend, or agency that will assist in paying your bills, and you want us to notify them when disconnect notices are sent, contact us";

(12) a statement that "(utility budget bill program name) can help even out your payments throughout the year; you still pay for all of the energy you use; you can cancel your participation at any time; upon cancellation, all amounts are due and become payable within 30 days; any credits will be applied to your account";

(13) a statement "see your bill for your local (utility name) payment office location; or, contact us for third-party and other pay locations nearest you";

(14) a statement "to contact us, call us at (utility phone number) from (utility hours) (utility days); holiday hours vary or, go to (utility web site)";

(15) a statement "if you are not satisfied with the arrangements that we provide, you have the right to file a complaint with the NMPRC, 1120 Paseo de Peralta, Santa Fe, NM 87501; telephone 505-827-6940 or 1-888-4 ASK PRC or 1-888-427 -5772"; and

(16) a statement that "special consideration will be given to a residential customer who meets the qualifications of LIHEAP, or has other special circumstances, in determining deposits and installment agreements; in making such determination, a utility shall accept documentation from the administering authority that such residential customer meets the qualifications of LIHEAP."

N.M. Admin. Code § 17.5.410.42

17.5.410.42 NMAC - N, 7-1-11