New Mexico Administrative Code

For the purpose of this rule: A. "actuarial board for counseling and discipline" means the board established by the American academy of actuaries and related U.S. actuarial organizations to strengthen their members' adherence to recognized standards of ethical and professional co…

A. Statement of actuarial opinion. Every property and casualty insurance company doing business in New Mexico, unless otherwise exempted by the superintendent, shall annually submit the opinion of an appointed actuary entitled "statement of actuarial opinion." This opinion shall …

A. The statement of actuarial opinion shall be provided with the annual statement in accordance with the appropriate national association of insurance commissioners property and casualty annual statement instructions and shall be treated as a public document. B. Documents, materi…

Office of Superintendent of Insurance (OSI), Post Office Box 1689, Santa Fe, NM 87504-1689.

Pre-licensing and continuing education courses, on-the-job training, and examinations shall be based on the following subjects, laws and rules: A. Subjects: (1) ethics; (2) bond forfeiture procedures; (3) rights of the accused; (4) permitted and prohibited rates and charges; (5) …

A. Accreditation. A provider seeking to offer formal pre-licensing classroom education courses for bail bondsmen or solicitors shall be approved and accredited by the insurance education committee as provided in 13.4.7 NMAC, Continuing Education Requirements. B. Pre-licensing cla…

A. On-the-job training plan. Once a year, during the month of January but before January 31, the sponsoring bail bondsman shall file an on-the-job training plan with the superintendent for approval. The on-the-job training plan shall be based on the subjects, laws and rules cited…

Upon written request from an applicant, the superintendent may, at his discretion, waive the pre-licensing education requirements whenever the applicant's background and experience so warrant.

A. Before an applicant may take the examination required for licensure, the applicant shall: (1) complete the pre-licensing classroom education and on-the-job training required by 13.20.2.11 NMAC and 13.20.2.12 NMAC, unless the pre-licensing education requirement is waived by the…

A. Certification: (1) Application: A bail bondsman seeking to be accredited as a sponsoring bail bondsman or as an accredited provider shall file an application with the superintendent on a form prescribed by the superintendent. (2) Qualifications: The superintendent may certify …

Continuing education for bail bondsmen and solicitors shall be provided in accordance with 13.4.7 NMAC, Continuing Education Requirements. The continuing education hourly requirements in 13.4.7 NMAC shall be completed prior to license renewal for a bail bondsman or solicitor lice…

A. Permanent street address of place of business. Every bail bondsman and solicitor shall have and maintain in this state a place of business accessible to the public where the bail bondsman or solicitor principally conducts bail bond transactions. The permanent street address of…

A. The transactions of a solicitor under a solicitor's license shall be in the name of the employer bail bondsman. B. A solicitor shall maintain records of his bail bond transactions. C. A solicitor shall notify the superintendent and the employer bail bondsman when he ceases emp…

A. When posting a bail bond, a bail bondsman or solicitor transacting bail bond business in New Mexico must show that he has a valid license issued by the superintendent. B. When countersigning bonds for another bail bondsman, a bail bondsman must show proof that he is employed b…

This rule applies to all persons seeking licensure to transact, or all persons transacting bail bond business in New Mexico.

A. Permissible forms. Collateral security may be in the form of cash or negotiable instruments, a mortgage on real property, personal property, or a lien on personal property. B. Receipt required. A bail bondsman shall issue a receipt for collateral or security deposited with him…

Every bail bondsman shall keep the records required by Subsections A and B of 13.20.2.22 NMAC for at least three years after final termination of liability on the bond and the records required by Subsection C of 13.20.2.22 NMAC for at least five years after final termination of l…

Every property bondsman shall maintain records to confirm compliance with the superintendent's published premium rates, schedule of charges and rating plan. The superintendent may, if he deems it necessary to evaluate compliance require the property bondman to submit audited fina…

Upon the licensee's renewal anniversary date, property bondsman must submit a detailed financial statement to the OSI examinations bureau. All instructions for preparing and submitting a financial statement are posted on the OSI website at: http://www.osi.state.nm.us/. In lieu of…

Sections 59A-2-8, 59A-2-9 NMSA 1978 and 59A-51-1 NMSA 1978 et seq.

Permanent.

July 11, 2017

The purpose of this rule is to implement the Bail Bondsmen Licensing Law, Section 59A-51-1 NMSA 1978 et seq.

All of the definitions contained in the bail bondsmen licensing law are applicable in this section. Additionally, as used in this rule: A. "Accredited provider" means a provider of either continuing education or of the required pre-licensing formal classroom education as describe…

A. All applicants. (1) 18 U.S.C. Sections 1033 and 1034 of the Violent Crime Control and Law Enforcement Act of 1994, and the New Mexico Criminal Offender Employment Act, Section 28-2-1 NMSA 1978 et seq., apply to all bail bondsmen and solicitor applicants. (2) Pursuant to Subsec…

The requirements in this section are in addition to the requirements of Section 59A-51-5 NMSA 1978. A. All applicants. (1) The applicant shall complete pre-licensing education, as described in Subsection B of 13.20.2.11 NMAC. (2) The applicant shall complete on-the-job training r…

New Mexico Superintendent of Insurance (the superintendent).

When a rule issued by the superintendent relating to the MMA or the fund 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, statu…

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…

The TPA may prescribe forms to carry out certain requirements of Chapter 21 of these rules. Prescribed forms must be used when a form exists for the purpose, unless these rules state otherwise or the TPA waives this requirement. The TPA shall accept filings made on photocopies of…

The TPA shall post filing and contact information on the Patient's Compensation Fund website.

If any provision of Chapter 21 of these rules, or the application or enforcement thereof, is held invalid, such invalidity shall not affect other provisions or applications of Chapter 21 these rules which can be given effect without the invalid provisions or applications, and to …

The rules of Chapter 21 provide for and govern the organization, administration, and defense of the New Mexico Patient's Compensation Fund (the fund).

Section 41-5-25 NMSA 1978;

Permanent.

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

The rules of Chapter 21 are adopted and promulgated to ensure that the Patient's Compensation Fund is organized, administered, and operated on a financially and actuarially sound basis so as to achieve the purpose for which it was established. The rules adopted in Chapter 21 shal…

This chapter adopts the definitions found in Section 41-5-3 NMSA 1978, in Section 14-4-2 NMSA 1978, in Chapter 59A, Article 1, NMSA 1978, and in 1.24.1.7 NMAC. In addition: A. "Base coverage" means the medical malpractice liability coverage, as required by the MMA or as determine…

The third-party administrator shall demonstrate its qualifications through prior experience fulfilling responsibilities similar to those set forth herein and have the responsibility to A. receive and process health care provider requests for admission to the fund; B. determine wh…

All expenses incurred for, by, or on behalf of the superintendent or the TPA in the administration, operation, and defense of the fund shall be borne by the fund.