New Mexico Register / Volume XXXVII, Issue 5 / March 10, 2026

 

 

NOTICE OF PROPOSED RULEMAKING

 

The New Mexico Department of Justice (NMDOJ) is proposing to repeal and replace Rule 12.2.4 NMAC, Requirements for the Advertising and Sale of Motor Vehicles.

 

Statutory Authority: New Mexico Unfair Practices Act, Section 57-12-1 NMSA 1978 et seq., New Mexico False Advertising Act, Section 57-15-1 NMSA 1978 et seq., and New Mexico State Rules Act, Section 14-4-1 NMSA 1978 et seq.

 

Summary and Purpose of Full Text:  Rule 12.2.4 NMAC regulates motor vehicle dealers by deterring unfair and deceptive practices and by providing clear legal standards for motor vehicle advertising. The NMDOJ seeks to amend Rule 12.2.4 NMAC to clarify the Rule objective in Section 6 of the Rule, to clarify the definitions of fraudulent practices in Section 27, and to update the Rule to comply with current formatting requirements. In accordance with Subsection C of 1.24.11.9 NMAC and 1.24.10.18 NMAC, these changes will be effected through a repeal and replacement of Rule 12.2.4 NMAC.

 

Full Text of the Proposed Rule:  A copy of the full text of the repeal and replace rule, as well as an overview of the changes sought, may be found on the NMDOJ website for 30 days prior to the public hearing scheduled in this rulemaking, April 13, 2026, under the following web address:

 

https://nmdoj.gov/about-the-office/consumer-affairs/

 

A copy of the proposed rule may also be requested by contacting Maria Oropeza by phone: (505) 490-4880 or by email: MOropeza@nmdoj.gov.  A reasonable fee may be charged for printed copies.

 

Rulemaking Hearing:  NMDOJ will hold a public hearing for the purpose of receiving oral and written public comments from interested parties on the proposed repeal and replace Rule 12.2.4 NMAC.  The hearing is scheduled for Monday, April 13, 2026, from 9:00 a.m. to 11:00 a.m. at the UNM Conference Center, Room B, 1634 University Blvd NE, Albuquerque, NM 87131.  Any further information regarding the public hearing may be provided on the NMDOJ website under the following address:

 

https://nmdoj.gov/about-the-office/consumer-affairs/

 

Written Comments:  To submit written comments, please send to:  Maria Oropeza, New Mexico Department of Justice, 201 3rd St NW #300, Albuquerque, NM 87102, Phone: (505) 490-4880; Email: MOropeza@nmdoj.gov.  Written comments will be accepted from the date this notice is published in the New Mexico Register, March 10, 2026, through May 13, 2026.  If you plan to submit written comments, please make sure any documentation contains your name, phone number and email, and if you plan to submit written comments at the hearing, please bring three copies of any documents to the hearing.  If submitting written comments by email, please indicate the Rule 12.2.4 NMAC in the subject line.  Oral comments will only be accepted at the public hearing, and may be subject to time limitations. After May 13, 2026, the rulemaking record will be closed, and no other comments will be accepted.  All written comments will be posted on the NMDOJ’s website within three days of receipt.

 

Accommodations:  Any individual with a disability who is in need of an auxiliary aid or service to attend or participate in the hearing may contact: Maria Oropeza by phone: (505) 490-4880 or by email: MOropeza@nmdoj.gov at least ten days before the hearing.