New Mexico Administrative Code

Any request for issuance of subpoenas in matters subject to these rules shall be guided by Rule 45 of the rules of civil procedure for the district courts of New Mexico, except where provisions of that rule conflict with the powers of the superintendent. Any subpoena issued shall…

A party to a proceeding who needs language interpreter services for translation of one language into another is responsible for arranging such service for the hearing. While the person serving as an interpreter need not be a court-certified interpreter in order to provide interpr…

A. Entry of default order. If a party fails to appear for a properly noticed hearing, either in person, through a permissible representative or telephonically with prior approval of the hearing officer, the person waives the right to protest or challenge the action that is the su…

A. Time to file. A party may file a motion for reconsideration within 15 days after the date of the final order. Any other party may file a response no more than 15 days after the motion for reconsideration was filed. Motions for reconsideration that are not filed within this dea…

Each order issued by the superintendent shall include information about the appeal process for the type of case at issue. Once the appeal is filed in the appropriate court, the appealing party shall provide a court-endorsed copy of the appeal to the superintendent so that the OSI…

Any party may access and copy any writing filed to the docket. Copies of an audio recording or written transcript of the proceeding shall be arranged through the stenographic service. OSI may charge a reasonable fee for copies made, consistent with its fee schedule under the Insp…

Section 59A-2-9 NMSA 1978.

Permanent.

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

The purpose of this rule is to provide procedures to govern formal administrative hearings held before the superintendent.

A. "Attorney" for purposes of this rule, "attorney" means only an individual who is licensed to practice law in New Mexico or who has requested temporary licensure under the New Mexico supreme court's pro hac vice rules. B. "Day or Days" shall be interpreted as follows, unless ot…

The superintendent may issue or withdraw standing procedural orders addressing general practice issues and filing protocols for the handling of matters to be adjudicated before the superintendent. Such standing orders will be available for public inspection at OSI office faciliti…

A. Written request required. Any person seeking a hearing before the superintendent shall file a written request for a hearing using the form available on the OSI website or as otherwise directed by the superintendent. The request shall include all of the following: (1) a brief s…

New Mexico Office of Superintendent of Insurance.

Rules pertaining to legal representation at hearing are as set forth in 13.1.5.10 NMAC.

Rules pertaining to filing for pleadings are as set forth in 13.1.5.11 NMAC.

Rules pertaining to handling of continuances are as set forth in 13.1.5.15 NMAC.

Rules pertaining to burden of proof, conduct of the case and use of evidence are as set forth in 13.1.5.17 NMAC, with the following modifications: A. A party may submit written arguments any time before the record closes, or as otherwise ordered by the hearing officer. B. If OSI …

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 have the duty to conduct fair and impartial hearings, to take all necessary action to avoid …

The rules pertaining to public access to hearings and related records are as set forth in 13.1.5.20 NMAC.

Rules pertaining to requests of reconsideration are as set forth in 13.1.5.24 NMAC.

Rules pertaining to appeals following hearing are as set forth in 13.1.5.25 NMAC.

Rules pertaining to requests for copies of hearing-related matters following hearing are as set forth in Section 13.1.5.26 NMAC.

The rules in this part govern every informal proceeding conducted pursuant to a notice of hearing issued by the Superintendent of Insurance pursuant to Section 59A-4-18 NMSA 1978.

Sections 59A-2-9 and 59A-4-18 NMSA 1978.

Permanent.

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

The purpose of this part is to provide rules of procedure to govern informal hearings before the superintendent.

These rules incorporate the definitions found in 13.1.5.7 NMAC.

A. Written request required. Any person seeking an informal hearing before the superintendent shall file a written request using the form available on the OSI website or as otherwise directed by the superintendent. The request shall include the language "Request for Informal Hear…

Any matter or question that is the subject of a notice of an informal hearing shall be determined based solely on the exhibits and pleadings submitted to the superintendent pursuant to these rules. The superintendent shall have 45 days to determine the matter or question followin…

Office of Superintendent of Insurance.

An annual meeting of the board shall be held no later than March 31 of each year, at such time and place as the board may determine. At each annual meeting, the board shall: A. review the plan and submit to the superintendent any amendments to the plan necessary or suitable to as…

A. Special meetings. Special meetings of the board may be called by a majority of the directors or the chairman of the board, and will be held at the time and place fixed by the person calling the special meeting. B. Notice. Written notice stating the time, place and, if a specia…

A. The officers of the board will be the chairman of the board, a vice-chairman, a secretary and treasurer, and such other officers as the board may decide, who will be elected annually by the board at its annual meeting to serve until their successors are elected and qualified. …

A. Appointment. The board shall appoint such committees as it may from time to time deem necessary. Such committees may include, but are not limited to, an executive, finance, policy, procurement and legal committees. B. Delegation of authority. The board may authorize a committe…

In addition to the powers granted in Section 59A-54-7 NMSA 1978: A. The board may employ such persons, firms, or corporations to perform such executive and administrative functions as are necessary for the board's performance of the duties imposed on the pool. The board may use t…

A. The pool will provide and accept applications for health insurance, and for any other insurance plans developed by the board, which contain standard policy provisions as specified by the act. B. The pool shall develop a plan for the periodic advertising of the general availabi…

No contract or transaction between the pool and one or more of its directors, or between the pool and any other corporation, partnership, association, or other organization in which one or more of its directors are directors or officers, or have a financial interest, shall be voi…

A. The fiscal year of the pool shall coincide with the calendar year. B. The board shall make an annual report to the superintendent as required by the act. The annual report shall include an audited financial report for the preceding calendar year in a form approved by the super…

A. The board may enter into an agreement with a licensed insurance broker or agent to submit pool applications for insurance coverage. B. The applications submitted must conform to pool rules and regulations. C. Upon submission of an application by the broker or agent and issuanc…

A. All persons, except the superintendent and his staff, described in the act shall be indemnified by the pool for all expenses incurred in the defense of any action, suit, or proceeding brought against such person on account of any action taken by him in the performance of his p…

This rule applies to all insurers as defined in Section 59A-54-3 NMSA 1978.

In case of a conflict between the provisions of the act and this plan, the provisions of the act shall control.

Any person, including any pool member, applicant for coverage, or any claimant, aggrieved by actions of the pool, shall submit their complaints in writing to the pool administrator and those complaints shall be resolved in accordance with grievance procedures established by the b…

Each insurer, as defined in Section 59A-54-3 NMSA 1978 shall be assessed an initial assessment of $500 at the time it becomes a member of the pool.

All reports regarding premium information requested of the members by the pool for purposes of determining assessment amounts must be signed by an officer of the member. No adjustments to that premium information will be accepted from any member after the date for submission of t…

A. Interim and final assessments to pool members shall be mailed at least 30 days prior to the due date for payment. B. To determine the amount of premium upon which a member's final assessment will be based for a particular year, the administrator shall mail the reporting form t…

After the final assessments for a particular year have been determined and collected, the pool administrator and the board shall determine if any member has overpaid its assessments. If any such overpayment has been made, the pool administrator, upon approval by the board, shall …

Section 59A-54-17 NMSA 1978.