A. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

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(1)     the individual executing the record is competent or has the capacity to execute the record; or

(2)     the individual’s signature is knowingly and voluntarily made.

B. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law other than the Revised Uniform Law on Notarial Acts.

C. In accordance with the Human Rights Act [N.M. Stat. Ann. Chapter 28, Article 1], a notary public or notarial officer shall not discriminate in the refusal to perform or the manner in which a notarial act is performed pursuant to the Revised Uniform Law on Notarial Acts.