New Mexico Administrative Code

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 superintendent's action t…

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…

Any party who has exhausted all administrative remedies available under these rules and who is adversely affected by a final order or decision in an adjudicatory proceeding may appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. Each order issued by the superintenden…

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

Section 41 -5-25 NMSA 1978.

Permanent.

April 30, 2019, unless a later date is cited at the end of a section.

The purpose of this rule is to provide procedures to govern administrative hearings held before the superintendent in his capacity administering the MMA.

This rule adopts the definitions found in Section 41-5-3 NMSA 1978, in Section 14-4-2 NMSA 1978, in 1.24.1.7 NMAC, and in 13.21.1.7 NMAC. In addition: A. "Attorney" means only an individual who is licensed to practice law in New Mexico or who has requested temporary licensure und…

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 to the OSI's electronic docket or as otherwise directed by the superintendent. The request shall include all of the following:(1) a brief summary identif…

New Mexico Superintendent of Insurance.

A. Selection of actuary. No later than March 1 of each year, the advisory board shall meet with the superintendent to consult on the selection of an independent actuary to perform the independent actuarial study of the fund. The actuarial study is to be completed by August 1 of t…

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

A. Electronic docket. Individuals or their counsel may access OSI's free electronic docket to view cases and filed pleadings. Registration of a free user account is required to file pleadings into a docket. Every written document that is submitted to a hearing officer or exchange…

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

A. Location. (1) In the absence of any statutory requirements to the contrary, all hearings conducted by the advisory board shall occur in Santa Fe, at the office of superintendent of insurance, unless the advisory board orders the parties to appear at another location in New Mex…

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

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

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 so flamboyant, disheveled, inflammatory, obscene, offensive or revealing as to …

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 will 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 advisory board. B. Method of appearanc…

Except as otherwise provided, the rules in this part govern every surcharge rate proceeding conducted pursuant to Paragraph D and Paragraph F of Section 41-5-25 NMSA 1978.

A. Closed hearings. Unless otherwise provided by law, ordered by the advisory board 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 t…

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 advisory board, the person waives the right to protest or challenge any action that is the sub…

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…

Any person who is adversely affected by a final order or decision in a surcharge rate proceeding may appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. Each order issued by the superintendent after a surcharge rate proceeding shall include information about the appe…

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

Section 41-5-25 NMSA 1978.

Permanent.

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

The purpose of this rule is to provide procedures to govern surcharge rate hearings required by the Medical Malpractice Act.

This rule 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, in 1.24.1.7 NMAC, in 13.21.1.7 NMAC, and in 3.21.4.7 NMAC.

The superintendent may issue or withdraw standing procedural orders addressing general practice issues and filing protocols for the handling of surcharge rate hearings. Such standing orders will be available for public inspection at OSI office facilities, on the Patient's Compens…

A. General authority. The advisory board is the hearing officer for surcharge rate hearings. The advisory board may conduct any hearing en banc, may designate any number of members less than its whole to conduct any hearing, or may designate a single member to conduct any hearing…

Office of Superintendent of Insurance ("OSI").

The board shall annually review, approve and adopt the NMATPA GMG during one or more board meetings. As soon as practicable after the board's annual review, approval and adoption of the GMG, the executive director will publish the GMG by posting a copy of the GMG on the official …

A. Application submission period. The board will announce annually in writing the availability of grant funding and the start of the application submission period. OSI will publish the notice on the official OSI website and distribute the notice via email to all entities that hav…

The NMATPA board shall award grants on a competitive basis, subject to available funding, and in accordance with the priorities described in this rule. There shall be no automatic entitlement to a grant, and the board shall not be required to award a grant if no application satis…

Subject to available funds, the board will approve grants in accordance with Section 59A-16C-17 NMSA 1978, this rule and the guidance set forth in the most current version of the NMATPA GMG. A. Approval criteria. In approving grants, the board shall consider the following criteri…

So that the board can evaluate program success and compliance, all grant recipients must submit quarterly program and financial reports to the board following grant application approval and fund disbursement. A. Reporting forms provided. The board will provide grant recipients wi…

This rule applies to the activities of the New Mexico Automobile Theft Prevention Authority ("NMATPA") board and to its review, approval and administration of grants pursuant to Section 59A-16C-17 NMSA 1978.

Sections 59A-16C-5, 59A-16C-16 and 59A-16C-17 NMSA 1978.

Permanent.

January 1, 2023, unless a later date is cited at the end of a section.

This rule establishes definitions and procedures for the conduct of business by the NMATPA board and for the review, approval and administration of grants made by that board pursuant to Section 59A-16C-17 NMSA 1978.

A. "Automobile theft prevention authority" or "ATPA" has the meaning provided in Section 59A-16C-17 NMSA 1978. B. "Automobile" means a motor vehicle or vehicle. C. "Board of directors" or "board" means the board of directors of the automobile theft prevention authority that is ap…