New Mexico Administrative Code

A. "County clerk duties" means the official duties performed by the county clerk or deputy county clerk as determined by the county clerk. B. "Deputy county clerk" means a person authorized by the county clerk to be a deputy county clerk and who has taken an oath of office. C. "E…

A. A person applying for or renewing a notary public commission shall apply electronically or by paper application using the prescribed application form issued by the secretary of state. An applicant shall use the applicant's name as it appears on the applicant's state issued ide…

A. Upon the state ethics commission making a determination to deny, refuse to renew, revoke, suspend or impose a condition on a notary public pursuant to Subsection A of Section 14-14A-22 NMSA 1978, the state ethics commission shall notify the secretary of state in writing of the…

Office of the Secretary of State.

A. A notarial officer authorized to perform RONs must be physically located in New Mexico at the time the notarial act takes place. B. A notarial officer authorized to perform RONs may perform authorized notarial acts relating to electronic records only if the individual personal…

If a notarial officer does not personally know the identity of a remotely located individual pursuant to Subsection A of Section 14-14A-6 NMSA 1978, the notarial officer must reasonably verify the individual's identity through two different types of identity proofing procedures a…

A. Communication technology shall provide: (1) for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notarial officer and the remotely located individual to see and speak with each other; (2) a means for the notarial officer to reasonabl…

A. A notarial officer authorized to perform RONs shall use the same electronic signature and electronic official stamp for all electronic notarial acts. A copy of the official stamp shall be provided to the secretary of state within 45 days of being authorized by the secretary of…

A. A notarial officer authorized to perform RONs shall retain an audiovisual recording required under Paragraph (4) of Subsection C of Section 14-14A-5 NMSA 1978, on a computer, storage device, or online storage that protects the audiovisual recording against unauthorized access …

A. A notarial officer authorized to perform RONs shall adhere to the rule on journals pursuant to 12.9.3.16 NMAC. B. In addition to the journal information required by Subsection C of Section 14-14A-18 NMSA 1978, the notarial officer must record the name of the remote online nota…

A. An electronic certificate of a notarial act for a remote online notarization must clearly state that the remotely located individual signing the record appeared using communication technology. This requirement is met if the statement is substantially as follows: "This notarial…

A. Application. A provider must submit an application on a form prescribed by the secretary of state before the provider can provide its remote online notarization system to a notarial officer in New Mexico. Upon being approved as a provider, the secretary of state shall list the…

A. If a notarial officer who is not commissioned as a notary public desires to be authorized to conduct RONs, the notarial officer shall follow the authorization application procedures pursuant to 12.9.4.8 NMAC. B. Upon approval by the secretary of state to perform RONs, the nota…

A notary public with an appointment or renewal date prior to the effective date of the Revised Uniform Law on Notarial Acts who desires to be authorized to perform RONs shall follow the application process prescribed by Subsection B of 12.9.4.8 NMAC to apply to become authorized …

Notaries public and other notarial officers authorized by the secretary of state to perform remote online notarizations in the state of New Mexico as well as remote notarization system providers.

In accordance with Subsection H of Section 14-14A-5 and Section 14-14A-26 NMSA 1978, the secretary of state has the authority to promulgate rules for notarial officers to perform notarial acts for remotely located individuals using communication technology.

Permanent.

January 1, 2022, unless a later date is cited at the end of a section.

The objective of the rule is to establish uniform standards of performance and governance of notarial acts for remotely located individuals by use of communication technology.

A. "Certified tangible copy of an electronic record" means an original tangible copy, as defined pursuant to Subsection F of 2.9.3.7 NMAC, of an electronic record that has been certified by a notarial officer as an accurate copy of the electronic record. B. "Credential analysis" …

A. A notarial officer must submit an application to perform remote online notarizations (RON) on a form prescribed by the secretary of state and receive approval from the secretary of state before the notarial officer may remotely notarize a record. The notarial officer shall pro…

A. The secretary of state shall provide a remote notarization course and examination. Training may be administered in house or through any third-party training vendor approved by the secretary of state. B. The fee for administering the training and examination is not included in …

New Mexico State Corporation Commission [Public Regulation Commission], Department of Insurance, Post Office Box 1269, Santa Fe, NM 87504-1269.

The department has prescribed forms to carry out certain requirements of these rules. Department-prescribed forms must be used when a form exists for the purpose, unless these rules state otherwise or the superintendent waives this requirement. The superintendent will accept fili…

A. By mail: Superintendent of Insurance, P.O. Box 1269, Santa Fe, NM 87504-1269 B. In person: New Mexico State Corporation Commission [Public Regulation Commission], Department of Insurance, Office of the Chief Clerk, P.E.R.A. Building, 1120 Paseo de Peralta, at the corner of Old…

If any provision of any rule in Title 13 adopted by the superintendent of insurance, or the application of any provision to any person or circumstance, is for any reason held to be invalid, the remainder of the rule and the application of the provision to other persons or circums…

This rule applies to all rules adopted by the superintendent of insurance as parts of Title 13 of the New Mexico Adminstrative Code.

Section 59A-2-9 NMSA 1978.

Permanent.

July 1, 1997, unless a later date is cited at the end of a section or paragraph.

The purpose of this rule is to set forth provisions that apply to all rules adopted by the superintendent of insurance.

As used throughout Title 13, the following terms have the following meanings: A. "Department" means the department of insurance of the state corporation commission or its successor. B. "Insurance code" has the meaning given in Section 59A-1-3 NMSA 1978. C. "Insurer" has the meani…

When a rule issued by the superintendent relating to insurance refers to another rule, regulation, statute, or other document, the reference, unless stated specifically to the contrary, is continuous and intended to refer to all amendments of the rule, regulation, statute, or doc…

Unless the context otherwise requires: A. Singular/plural: Words used in the singular include the plural; words used in the plural include the singular; B. Gender: Words used in the neuter gender include the masculine and the feminine. The personal pronoun in either gender may be…

New Mexico State Corporation Commission [Public Regulation Commission,] Department of Insurance, Post Office Box 1269 Santa Fe, NM 87504-1269.

Any person aggrieved by a bulletin may request a hearing before the superintendent in accordance with Section 59A-4-15 NMSA 1978.

This rule applies to all insurers and insurance professionals in New Mexico.

Sections 59A-2-8, 59A-2-10 and 59A-4-3 NMSA 1978.

Permanent.

July 1, 1997, unless a later date is cited at the end of a section or paragraph. Compiler's note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

The purpose of this rule is to establish a procedure for the superintendent to request information pursuant to a provision of the insurance code or of a rule adopted by the department, to publish general notice of requirements under the law, and to issue orders generally applicab…

A "bulletin" is a statement, inquiry, or order of broad or general interest or application that does not in itself create new law but which may require certain actions to be performed under existing law.

A. The superintendent may issue bulletins requiring any person or company subject to regulation by the department: (1) to comply with requests from the superintendent to provide information useful in the lawful enforcement or administration of any provision of a rule adopted by t…

Bulletins shall be numbered, dated and signed by the superintendent. Bulletins shall be effective on the date issued, unless a different effective date is specified in the bulletin.

New Mexico Public Regulation Commission Insurance Division.

A. General rule. The initial, annual and revised privacy notices that a licensee provides under 13.1.3.8 NMAC, 13.1.3.9 NMAC and 13.1.3.12 NMAC shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that appl…

A. Form of notice. If a licensee is required to provide notice under subsection A of 13.1.3.14 NMAC, it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to authorize disclosures under that section. The notice shall state: (1…

A. General rule. Except as otherwise authorized in this rule, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer other than as described in the initial notice that the licensee provided to that consumer u…

A. How to provide notices. A licensee shall provide any notices that this rule requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. (1) Examples of reasonable expectation of actual notice. A lice…

A. Conditions for disclosure. Except as otherwise authorized in this rule, a licensee may not, directly or through any affiliate, disclose any nonpublic personal health information to any party, including affiliates, and may not, directly or through an affiliate, disclose any non…