A. The commission shall establish a program to settle disputes, at the voluntary option of the shipper, between shippers and all household goods service carriers concerning the transportation of household goods, which shall be a fair and expeditious method for settling disputes and complies with each of the following requirements and rules the commission may prescribe:
(1) the program is designed to prevent a household goods service carrier from having any special advantage in a case in which the shipper resides or does business at a place distant from the motor carrier's place of business;
(2) the program provides adequate notice of its availability, including a concise, understandable and accurate summary of the program and disclosure of the legal effects of using the program. The notice shall be given to the shipper before the shipper tenders the household goods to the motor carrier for transportation;
(3) upon request of a shipper, the motor carrier shall promptly provide forms and other information necessary to initiate an action to resolve a dispute under the program;
(4) a person authorized pursuant to the program to settle disputes shall be independent of the parties to the dispute and shall be capable, as determined by rules prescribed by the commission, to resolve disputes fairly and expeditiously. The program shall ensure that a person chosen to settle a dispute is authorized and able to obtain from the shipper or motor carrier any material and relevant information necessary to carry out a fair and expeditious decision-making process;
(5) the person settling the dispute may charge the shipper a fee of not more than twenty-five dollars ($25.00) for instituting a proceeding under the program if the program is binding solely on the carrier, but shall not charge the shipper a fee otherwise. The person settling the dispute shall refund the fee to the shipper in a case in which the dispute is settled in favor of the shipper, unless the person settling the dispute determines that the refund is inappropriate;
(6) the program shall not require the shipper to agree to use the dispute settlement program prior to the time that a dispute arises;
(7) the program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute or a party's representative, but an oral presentation shall not be made unless the parties to the dispute expressly agree to the presentation and the date, time and location of the presentation; and
(8) a person settling a dispute under the program shall, as expeditiously as possible, but no later than sixty days after receipt of written notification of the dispute, render a decision based on the information gathered; except that, in a case in which a party to the dispute fails to timely provide information that the person settling the dispute may reasonably require, the person settling the dispute may extend the sixty-day period for a reasonable period of time. A decision resolving a dispute may include remedies appropriate under the circumstances, including repair, replacement, refund or reimbursement for expenses and compensation for damages.
B. The commission may investigate at any time the functioning of the program approved under this section and may, after notice and an opportunity to be heard, take appropriate action against any household goods service carrier for failure to meet the requirements of this section and rules as the commission may prescribe.
C. In a court action to resolve a dispute between a shipper and a household goods service carrier, concerning the transportation of household goods by the carrier, the shipper shall be awarded reasonable attorney fees if:
(1) the shipper submits a claim to the carrier within one hundred twenty days after the date the shipment is delivered or the date delivery is scheduled, whichever is later;
(2) the shipper prevails in the court action; and
(3) a decision resolving the dispute was not rendered under the dispute settlement program within sixty days or an extension of the sixty-day period; or
(4) the court proceeding is to enforce a decision rendered under the dispute settlement program and is instituted after the period for performance under the decision has elapsed.
D. In a court action to resolve a dispute between a shipper and a household goods service carrier concerning the transportation of household goods by the carrier, the carrier shall be awarded reasonable attorney fees by the court only if the shipper brought the action in bad faith:
(1) after resolution of the dispute under the dispute settlement program; or
(2) after institution of a proceeding by the shipper to resolve the dispute under the dispute settlement program and before:
(a) the expiration of the sixty-day period or extension of the sixty-day period for resolution of the dispute; and
(b) a decision resolving the dispute is rendered under the program.
History: Laws 2003, ch. 359, § 26; 2013, ch. 73, § 24; 2013, ch. 77, § 24.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required the commission to establish a voluntary settlement program between shippers; in Subsection A, at the beginning of the sentence, deleted "A common motor carrier of household goods may submit an application to", after "The commission", deleted "to" and added "shall", after "settle disputes", added "at the voluntary option of the shipper", after "between shippers and", deleted "common motor carriers of", and added "all", after "all household goods", added "service carriers", and deleted the former second sentence, which required that an application to establish a settlement program be in the form prescribed by the commission; deleted former Subsection B, which required the commission to review the application for a settlement program within forty-five days; incorporated former Subsection C into Subsection A and in former Subsection C, at the beginning of the sentence, deleted "The commission shall not approve a program for settling disputes concerning the transportation of household goods unless the program is" and added "which shall be"; in Paragraph (1) of Subsection A, after "designed to prevent a", deleted "motor" and added "household goods service"; in Subsection B, after "opportunity to be heard", deleted "suspend or revoke its approval" and added "take appropriate action against any household goods service carrier", in Subsection C, in the introductory sentence, after "shipper and a", deleted "common motor carrier of" and after "household goods", added "service carrier", deleted former Paragraph (3), which permitted an award of attorney fees if a settlement program was not available to resolve the dispute, in Paragraph (3), after "settlement program", deleted "approved under this section", and in Paragraph (4), after "settlement program", deleted "approved under this section"; and in Subsection D, in the introductory sentence, after "shipper and a", deleted "common motor carrier of", and after "and a household goods", added "service carrier", in Paragraph (1), after "program", deleted "approved under this section" and in Paragraph (2), after "program", deleted "approved under this section".
Laws 2013, ch. 73, § 24 and Laws 2013, ch. 77, § 24, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 24. See 12-1-8 NMSA 1978.