New Mexico Administrative Code

A. If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to …

Sections 59A-2-9 and 59A-12A-1 through 59A-12A-17 NMSA 1978.

Permanent.

February 1, 1992, unless a later date is cited at the end of a section or paragraph. Repromulgated in NMAC format effective July 1, 1997. [Compiler's note: The words or paragraph, above, are no longer applicable.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 histo…

The purpose of this rule is to provide criteria and procedures applicable to the licensure and conduct of insurance administrators and to govern the practice of insurance administration.

As used in this rule, all terms defined in Section 59A-12A-2 NMSA 1978 shall have the meanings ascribed therein.

A. The superintendent will issue, renew and permit to exist any license of an insurance administrator to a person qualified as follows: (1) an applicant shall be at least 18 years of age; (2) a resident applicant shall have been a resident of the state of New Mexico for at least …

A. Application by an individual for an insurance administrator's license shall be filed with the superintendent on forms prescribed and furnished by the superintendent and accompanied by applicable fees as set out in this regulation. The application shall be signed by the applica…

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

A. Upon determination that an applicant or licensee appears on HSD's certified list, the superintendent shall notify the applicant or licensee by letter that the applicant or licensee must provide the superintendent with a subsequent statement of compliance within 30 days of mail…

The superintendent shall file and serve upon the licensee a notice and order of license revocation, in accordance with the procedures listed in 13 nmac 4.6.14 [now 13.4.6.14 NMAC] of this rule. If the revocation is due solely to the licensee's failure to comply with a judgment an…

In any hearing under 13 nmac 4.6.11 [now 13.4.6.11 NMAC] of this rule, relevant evidence is limited to the accuracy or veracity of the statement of non-compliance. The statement of non-compliance is conclusive evidence requiring the superintendent to take the revocation action un…

When an action to revoke a license is taken by the superintendent solely because the licensee is not in compliance with a judgment and order for support, the final order shall state that the respondent may reapply for licensure at any time upon presentation of a subsequent statem…

Proceedings under this rule shall be governed by Sections 59A-4-15 through 59A-4-18 NMSA 1978, as amended; provided, however, that all denial actions for license applications and renewals and all license revocations for bail bondsmen and bail bondsmen solicitors are governed by t…

This rule applies to all persons who are required to have a license issued by the superintendent before engaging in the business of insurance.

Section 40-5A-9 NMSA 1978.

Permanent.

November 23, 1995, unless a later date is cited at the end of a section or paragraph. Repromulgated in NMAC format effective July 1, 1997.

The purpose of this rule is to implement the requirements of the Parental Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA 1978, as they apply to the issuance, renewal, suspension or revocation of any license issued by the superintendent of insurance.

All terms defined in the Parental Responsibility Act shall have the same meanings in this rule. A. "HSD" means the New Mexico human services department. B. "Judgment and order for support" means the judgment entered against an obligor by the district court or a tribal court in a …

If an applicant or licensee is not in compliance with a judgment and order for support, the superintendent shall: A. deny an application for a license as provided in 13 nmac 4.6.10 [now 13.4.6.10 NMAC] of this rule; or B. deny license renewal by disapproving the continuation of a…

A. Receipt of certified list from HSD: Upon receipt of HSD's certified list of obligors not in compliance with a judgment and order for support, the superintendent shall match the certified list of obligors against the current list of licensees and applicants. By the end of the m…

Office of Superintendent of Insurance (OSI)

A. Course length. Individual courses shall be a minimum of one credit hour in length. B. Ethics. A single continuing education course may include both ethics and other insurance topics meeting the requirements of Subsection C of this section. C. Insurance subjects. (1) General in…

A. Provider qualifications. Prior to submitting proposed courses to the coordinator for approval, the provider shall submit the following information and be approved as a provider:(1) the name and contact information for the provider's primary contact person; (2) the provider's p…

A. Reporting by providers. Continuing education providers are required to report completion of continuing education courses to the superintendent. However, it is the responsibility of the individual resident licensee to ensure that the superintendent's records reflect the complet…

A. All continuing education records submitted or maintained pursuant to this rule are subject to audit by the superintendent. B. If the superintendent finds a licensee or provider has failed to timely report continuing education credits through the online system, the superintende…

A. This rule applies to all licensed adjusters, insurance producers, limited surety agents, bail bond solicitors, property bondsmen, and nonresident insurance producers unless exempted by Subsection B of this section. B. The continuing education requirements of this rule shall no…

Sections 59A-2-9, 59A-6-1, 59A-11-10, 59A-11-23, 59A-12-16, 59A-12-26, 59A-13-12, 59A-44-33, 59A-51-4.1 NMSA 1978.

Permanent.

April 1, 2025, unless a later date is cited at the end of a section.

The purpose of this rule is to set forth continuing education requirements for persons who are licensed by the superintendent to transact business in this state and for continuing education providers.

As used in this rule: A. "adjuster" means a resident or non-resident public adjuster, staff adjuster or independent adjuster as defined in Section 59A-13-2 NMSA 1978; B. "approved course" means a course of instruction approved by the coordinator as satisfying the continuing educa…

A. The superintendent will appoint an insurance continuing education coordinator to approve individual courses of instruction for continuing education credit, notify the superintendent of approved courses as they are approved, make recommendations regarding continuing education c…

A. Hours required biennially. (1) All licensees shall complete a minimum of three hours of credits in ethics during each compliance period. Ethics credit hours may be included toward the total credit hour requirement for each license type. (2) Title insurance licensees shall comp…

Office of Superintendent of Insurance (OSI).

A. Individual licenses required. A business entity that is licensed as a public or independent adjuster, or as both, shall employ licensed individual adjusters to adjust the types of claims for which the business entity is licensed. Such individuals shall hold an adjuster's licen…

A. Prior to issuance of a license as an independent or public adjuster to an individual and for the duration of the license, the applicant shall file with the superintendent a surety bond in favor of the superintendent in aggregate amount of not less than ten thousand dollars, co…

A. Examinations required. An individual applying for a license as an adjuster shall, prior to issuance of a license, personally take and pass a written examination. The examination required by this section shall be of sufficient scope to reasonably test the applicant's: (1) knowl…

A. Continuation and nonrenewal of adjuster's licenses. Unless the license is canceled, revoked, suspended or otherwise terminated, an adjuster's license is continuous, subject to payment by the due date of renewal fees as set forth in Section 59A-6-1 NMSA 1978, and for individual…

A. Standards of conduct. All adjusters shall adhere to the following standards of conduct:(1) An adjuster shall not permit an unlicensed employee or representative of the adjuster to conduct business for which a license is required pursuant to the Insurance Code. (2) An adjuster …

A. Description of staff adjusters. A staff adjuster is an employee of an insurance company whose work is to investigate, evaluate, and eventually settle a claim. In certain situations, a staff adjuster may award the claim to the insured (by writing a check on behalf of the compan…

A. Description of independent adjusters. (1) An independent adjuster is a professional who conducts investigations, verification, negotiations, and settling of claims for or on behalf of an insurance company, a self-insured firm, or a government agency, without being under the em…

A. General authority. A licensed public adjuster may adjust claims on behalf of insured clients for property claims, both real and personal, including loss of income. Although business entities can be licensed as a both public and independent adjuster, an individual adjuster that…

In the event of an emergency requiring the immediate expansion of adjuster services in this state, an insurer or a public adjuster licensed in this state may request authority from the superintendent to employ adjusters to assist with the emergency who are not licensed in this st…

A. Definition. As used in this section, "advertisement" includes: (1) printed and published material, audio visual material and descriptive literature of an insurance adjuster used in direct mail, newspapers, magazines, radio, telephone and television scripts, internet web sites,…

This rule applies to resident and non-resident persons seeking licensure to provide adjusting services in this state, as defined in Article 13 of Chapter 59A NMSA 1978.

Title 59A, Chapter 13 and Section 59A-2-9 NMSA 1978.

Permanent.

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