(A) Utility service; seriously ill individuals. Utility service shall not be discontinued to any residence where a seriously ill person is residing, if the person responsible for the utility service charges does not have the financial resources to pay the charges, and if a practitioner of the healing of arts, as defined in paragraph 2 of subsection (B) of NMSA § 59A-22-32(B), certifies that the discontinuance of service might endanger that person’s life and the certificate is delivered to a manager or officer of the utility providing the service at least 2 days prior to the due date of a billing for utility services. The Public Service Commission shall provide, by rules and regulations, the procedure necessary to carry out this section.
(B) Statement required.
(1) Customers of the town electric utility service may appeal the discontinuance of electric service for nonpayment of the electric service bill.
(2) The customer must present or mail a written statement, signed by the customer, stating why the electric utility service should not be discontinued.
(3) In the event no signed, written statement is received by the Town Office within 5 days of the date of the final notice, the town may discontinue services.
(C) Hearing, proof and result.
(1) Upon receipt of a signed written statement of reasons why a town electric utility customer’s service should not be discontinued, the Municipal Court shall set a hearing time and date.
(2) The hearing time and date set shall be as soon as practicable after receipt of the signed written statement and in no event more than 5 working days after receipt of the signed written statement.
(3) The town shall prove by a preponderance of the evidence that the electric bill is due and payable.
(4) The customer of the town electric services shall have the burden of proving by a preponderance of the evidence that the electric bill protested is incorrect, paid in full or not due and payable.
(5) The Municipal Court Judge shall have no authority to compromise, set off, abate or forgive any electric service charges owed to the town.
(6) In the event the town prevails in the Municipal Court hearing on the termination of electric utility service, the Mayor shall order the discontinuance of electric services for nonpayment immediately.
(Ord. 522, passed 2-11-1980)