N.M. Stat. § 58-15-11
Regulations and orders; certified copies.
A. The director has authority to make reasonable regulations and orders for the
administration and enforcement of the New Mexico Small Loan Act of 1955 and is
expressly authorized to make regulations and orders governing the conduct of all
licensees' operations, including the method and manner of selling, handling and writing,
in connection with any loan, any form of insurance by the licensee or any agent or
employee in the office of the licensee or of any other firm, person or corporation
associated or affiliated with the licensee or operating in the same building in which the
business of the licensee is conducted. Every regulation shall be promulgated by an
order, and any ruling, demand, requirement or similar administrative act may be
promulgated by an order. Every order shall be in writing, referenced to the section under
which it is issued, shall state its effective date and the date of its promulgation and shall
be entered in an indexed permanent book that shall be a public record. A copy of every
order promulgating a regulation and of every other order containing a requirement of
general application shall be mailed to each licensee at least fifteen days before the
effective date of the order.
B. The director is expressly authorized to make regulations and orders, in
accordance with the provisions of Subsection A of this section, governing the conduct of
licensees in making loans to consumers. Such regulations may address, consistent with
the provisions of Sections 58-15-32 through 58-15-38 NMSA 1978, all aspects of loans
to consumers and shall specifically address:
(1)
the cost of loans, including fees and interest rates;
(2)
the terms of loans, including amount, length, renewals, rescission,
payments and security;
(3)
required disclosures to consumers;
(4)
methods of collection on loans in default; and
(5)
methods of verifying consumer eligibility for loans and licensee
compliance with the New Mexico Small Loan Act of 1955 and regulations promulgated
pursuant to that act.
C. On application of any person and payment of the cost thereof, the director shall
furnish, under the director's seal and signed by the director or the director's deputy, a
certified copy of any license, regulation or order. In any court or proceeding, the copy
shall be prima facie evidence of the fact of the issuance of a license, regulation or order.