New Mexico Administrative Code

A. Nonpublic personal financial information the licensee receives under an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial or other institution under an exception in 13.1.3.18 NMAC or 13.1.3.19 NMAC, the licensee's disclos…

A. General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to …

A. General rule. (1) The notice and authorization requirements in 13.1.3.11 NMAC and 13.1.3.14 NMAC do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's be…

A. Exceptions for processing transactions at consumer's request. The requirements for initial notice in paragraph (2) of subsection A of 13.1.3.8 NMAC, for notice and authorization in 13.1.3.11 NMAC and 13.1.3.14 NMAC, and service providers and joint marketing in 13.1.3.17 NMAC d…

A. Exceptions to authorization requirement. The requirements for initial notice to consumers in paragraph (2) of subsection A of 13.1.3.8 NMAC, for notice and authorization in 13.1.3.11 NMAC and 13.1.3.14 NMAC, and service providers and joint marketing in 13.1.3.17 NMAC do not ap…

This rule applies to: A. Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family or household purposes from licensees. This rule does not apply to information about companies or…

A. A valid authorization to disclose nonpublic personal information pursuant to 13.1.3.14 NMAC shall be in written or electronic form separate from that used for any other purpose and shall contain all of the following: (1) The identity of the consumer or customer who is the subj…

A notice to consumers regarding request for authorization and an authorization form shall be delivered to a consumer pursuant to 13.1.3.13 NMAC. A notice to consumers regarding request for authorization and an authorization form are not required to be delivered to a consumer or i…

Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the U.S. Department of Health and Human Services (the "federal rule"), if a licensee complies with all requirements of the federal rule …

Nothing in this rule shall preempt or supercede existing state law related to medical records, health or insurance information privacy.

Nothing in this rule shall be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this rule regarding whether information is transaction or exper…

A licensee shall not unfairly discriminate against any consumer because that consumer has not granted authorization for the disclosure of his or her nonpublic personal information pursuant to the provisions of this rule.

If any section or portion of a section of this rule or its applicability to any person or circumstance is held invalid by a court, the remainder of the rule or the applicability of the provision to other persons or circumstances shall not be affected.

Until December 31, 2002, a contract that a licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf satisfies the provisions of subparagraph (b) of paragraph (1) of subsection A of 13.1.3.17 NMAC, even i…

Licensees, including a group of financial holding company affiliates that use a common privacy notice, may use the following sample clauses, if the clause is accurate for each institution that uses the notice. (Note that disclosure of certain information, such as assets, income a…

NMSA 1978, Section 59A-2-9(1997) and Section 59A-2-9.3(2001).

Permanent.

February 25, 2002 unless a later date is cited in the history note at the end of a section.

This rule governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the NMPRC Insurance Division and is intended to afford individuals greater privacy protections than those provided in the Gr…

As used in this rule, unless the context requires otherwise: A. "Affiliate" means a company that controls, is controlled by or is under common control with another company. B. "Clear and conspicuous" means that a notice is reasonably understandable and designed to call attention …

A. Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to: (1) Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relation…

A. General rule. A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 consecut…

New Mexico Office of Superintendent of Insurance.

The superintendent shall provide to the public, as defined in Section 14-4-2 NMSA 1978, notice of the proposed rulemaking a minimum of 30 calendar days prior to the public rule hearing and in accordance with requirements of Section 14-4-5.2 NMSA 1978.

A. The public comment period must be at least 30 calendar days, beginning after publication of the notice in the New Mexico register and issuance of the rulemaking notice. The superintendent shall not adopt a proposed rule before the end of the public comment period. B. As long a…

A. Prior to adopting a proposed rule, the superintendent must hold a public rule hearing. The purpose of the hearing is to provide all interested persons a reasonable opportunity to submit data, views or arguments orally or in writing on the proposed rule. The superintendent, at …

A. The superintendent shall maintain a record of the rulemaking proceeding as required in Section 14-4-5.4 NMSA 1978, and any written comment, document, or other exhibit entered into the record during the rule hearing shall be labeled clearly. Pre-filed written comments are part …

A. Within 15 calendar days after the date of adoption of a rule, the superintendent shall file the adopted rule with the state records administrator and shall provide to the public the adopted rule and final order in accordance with the State Rules Act. B. Unless another date is …

The superintendent shall comply with the rulemaking procedures in Section 14-4-5.6 NMSA 1978, regarding the promulgation of emergency rules.

This rule applies to all proceedings within the New Mexico office of superintendent of insurance in which the superintendent adopts rules pursuant to the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978 (1967, as amended through 2017).

Sections 14-4-1 et seq., NMSA 1978, State Rules Act, and Section 59A-2-9 NMSA 1978

Permanent.

July 1, 2019, unless a later date is cited at the end of a section.

To provide procedural rules for public rule hearings for use by the New Mexico office of superintendent of insurance consistent with the State Rules Act and to facilitate public engagement with the superintendent's rulemaking process in a transparent, organized, and fair manner.

This rule adopts the definitions found in Section 14-4-2 NMSA 1978 and in 13.1.1.7 NMAC. In addition: A. "Business day" means Monday through Friday, excluding holidays observed by the state. B. "Final order" also means "concise explanatory statement" as described in Section 14-4-…

A. The rulemaking process may be initiated by the superintendent through a notice for a rule hearing that is publicly posted pursuant to this rule and pursuant to 14-4-5.2 NMSA 1978. B. The superintendent shall proceed with the rulemaking process by posting public notice, publish…

A. Any person may file a petition for rulemaking with the superintendent. B. A petition for rulemaking shall be made in writing and include an explanation of the purpose or statement of reasons for the proposed rule. A petition shall include a citation to the legal authority auth…

New Mexico Office of Superintendent of Insurance.

A. Representation. Unless otherwise expressly authorized by statute, only the person challenging the action or a bona fide majority owner if the party is a business entity, or that person's attorney may represent the person in a proceeding. B. Entry of appearance. Any attorney wi…

A. Opening the docket. A docket shall be opened in the OSI records management system immediately upon the superintendent's determination that the requestor shall be granted a hearing. (1) The superintendent shall direct that the requestor's original request for hearing be filed t…

A. Purpose of prehearing conferences. The hearing officer may direct representatives for all parties to meet together or with the hearing officer present for a prehearing conference to consider any or all of the following: (1) simplify, clarify, narrow or resolve the pending issu…

A. Location. (1) In the absence of any statutory requirements to the contrary, all hearings conducted by OSI shall occur in Santa Fe, unless the hearing officer orders the parties to appear at another location in New Mexico. (2) The parties may express a mutual preference for loc…

A. If not otherwise prohibited by statute, rule, or court ruling, the hearing officer may conduct the hearing in person or by telephone, videoconference, or other equivalent electronic method. The hearing officer shall cause a stenographic or audio recording to be made of all pro…

A. At the request of a party, a witness, or upon the hearing officer's own determination, a hearing may be continued for good cause. The hearing officer shall consider only written continuance requests made at least three working days prior to the scheduled hearing absent extraor…

All attorneys and other authorized representatives must be attired in a dignified, professional manner at all times during the hearing. Witnesses shall dress in a respectful manner. No attire or dress as to create a distraction to the orderly conduct of the hearing will be permit…

A. Burden of proof. Unless otherwise specified by statute, the burden of proof in a proceeding is the preponderance of evidence. B. Presentation order. The party with the burden of proof in the case shall ordinarily present their case first, followed by the opposing party, if any…

A. Use of witnesses. Any person having relevant, material knowledge related to one of the issues in a hearing may testify as a witness under oath in a proceeding. Upon affirming the oath, the witness may be questioned by any party and by the hearing officer. B. Method of appearan…

A. General authority. The superintendent may preside over OSI's hearings or may designate a hearing officer to preside instead. B. Duties of the hearing officer. The hearing officer shall conduct fair and impartial hearings, take all necessary action to avoid delay in the proceed…

Except as otherwise provided, the rules in this part govern every adjudicatory proceeding conducted pursuant to a notice of hearing issued by the superintendent of insurance on any matter delegated to the superintendent under the Insurance Code, and to any request for hearing sub…

A. Closed hearings. Unless otherwise provided by law, ordered by the hearing officer for good cause, or required to prevent disclosure of confidential information, all hearings and the record are open to the public. Any party to a proceeding may submit a written request to close …