A. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(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 [Chapter 28, Article 1 NMSA 1978], 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.