reglab/housing_qa huggingface dataset:
NM Stat § 59A-4-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-16 - Notice of hearing.

A. Except where a different period is expressly provided, the superintendent shall give written notice of the hearing not less than twenty days in advance. The notice shall state the date, time and place of the hearing and specify the matters to be considered thereat. B. If any person is entitled to a hearing by any provision of the Insurance Code before any proposed action is taken, or if the superintendent otherwise deems advisable, notice of the hearing may be in the form of a notice to show cause, stating that proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice why the action should not be taken, and stating the basis of the proposed action. C. If a hearing is to be held for consideration of rules of the superintendent, the superintendent may give notice of the hearing by publication thereof in a newspaper of general circulation in this state, and once in the New Mexico register; and the superintendent shall mail the notice to all persons who had requested the same in writing in advance and shall have paid to the superintendent the reasonable costs of such mailing as fixed by the superintendent. D. If the hearing is for a purpose other than the consideration of rules of the superintendent, and if the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the superintendent shall give the notice to all persons whose pecuniary interests, to the superintendent's knowledge or belief, are to be directly and immediately affected by the hearing. E. All such notices, except published notice, shall be given as provided for in 59A-2-10 NMSA 1978. F. The superintendent shall specify in the notice of hearing whether the hearing is to be an administrative hearing pursuant to Section 59A-4-17 NMSA 1978 or an informal hearing pursuant to Section 59A-4-18 NMSA 1978. History: Laws 1984, ch. 127, § 60; 1997, ch. 121, § 2. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1997 amendment, effective June 20, 1997, deleted the last sentence in Subsection A, which read: "If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the superintendent shall give the notice to all persons whose pecuniary interests, to the superintendent's knowledge or belief, are to be directly and immediately affected by the hearing"; rewrote Subsection C; added Subsection D and redesignated the remaining subsections accordingly; substituted "59A-2-10 NMSA 1978" for "Subsection G of Section 28 of the Insurance Code" in Subsection E; in Subsection F, substituted "59A-4-17 NMSA 1978" for "61 of the Insurance Code" and substituted "Section 59A-4-18 NMSA 1978 " for "Section 62 of that act"; and made stylistic changes in Subsections A and F.
NM Stat § 59A-4-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-17 - Hearing procedure.

Administration hearings shall be held in accordance with the applicable provisions of Sections 12-8-10 through 12-8-13 and Section 12-8-15 NMSA 1978. History: Laws 1984, ch. 127, § 61.
NM Stat § 59A-4-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-18 - Informal hearings.

Informal hearings shall be held in accordance with the rules and regulations for such hearings promulgated by the superintendent in accordance with Section 27 [59A-2-9 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 62.
NM Stat § 59A-4-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-19 - Testimony compelled; immunity.

A. If any individual refuses to attend or testify or to produce any books, papers, records, contracts, correspondence or other documents in connection with any examination, hearing or investigation on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture, and is nonetheless, upon written application by a prosecuting attorney, directed by a court of competent jurisdiction in a written order finding that the testimony, or the record, document or other object may be necessary to the public interest and that the person has refused or is likely to refuse to testify or to produce the record, document or other subject on the basis of his privilege against self-incrimination, to give such testimony or produce such evidence, he must comply with such direction; but no testimony so given or evidence produced shall be used against him upon any criminal action, investigation or proceedings. However, no such individual so testifying or producing evidence shall be exempt from: (1) prosecution or punishment for any perjury committed by him in such testimony, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation or proceeding concerning such perjury; or (2) refusal, suspension or revocation of any license, permission or authority conferred pursuant to the Insurance Code. B. Any such individual may execute, acknowledge and file in the offices of the superintendent and attorney general a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or court, tribunal, grand jury or otherwise; and if such testimony or evidence is so received or produced the individual shall not be entitled to any immunity or privileges on account of the testimony or evidence given or produced. History: Laws 1984, ch. 127, § 63; 1993, ch. 320, § 9. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1993 amendment, effective June 18, 1993, rewrote Subsection A.
NM Stat § 59A-4-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-20 - Appeal to court.

A. Except in matters arising from Sections 6 [59A-18-13.3 NMSA 1978] and 7 [repealed] of this 2011 act, a party may appeal from an order of the superintendent made after an informal hearing or an administrative hearing. The appeal shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. This section shall not apply as to matters arising pursuant to Chapter 59A, Article 17 NMSA 1978. History: Laws 1984, ch. 127, § 67; 1987, ch. 259, § 3; 1998, ch. 55, § 61; 1999, ch. 265, § 65; 2011, ch. 144, § 13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 7 (Laws 2011, ch. 144, § 7), referred to in the first sentence, was compiled as 59A-18-13.4 NMSA 1978. Laws 2013, ch. 74, § 40 repealed 59A-18-3.4 NMSA 1978, effective March 29, 2013. Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). The 2011 amendment, effective January 1, 2012, excepted matters arising from orders of the superintendent on health insurance rates under Section 6 [59A-18-13.3 NMSA 1978] of this act and decisions of the public regulation commission on health insurance rates under Section 7 [59A-18-13.4 NMSA 1978] of this act from appeals to the district court. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A. The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable. Direct appeal of superintendent's order not authorized. — While this section allows a licensee to appeal to the district court after a hearing by either the corporation commission (now public regulation commission) or the insurance board, a direct appeal to the court is not authorized from an order of the superintendent. Madrid v. Dep't of Ins., 1985-NMSC-027, 102 N.M. 442, 697 P.2d 125. Appeal of rate determination. — An appeal of a rate determination by the insurance board should not proceed under this section, but under 59A-17-35 NMSA 1978, "in the same manner as provided for taking appeals in other civil actions." Nat'l Council on Comp. Ins. v. N.M. SCC, 1986-NMSC-005, 103 N.M. 707, 712 P.2d 1369.
NM Stat § 59A-4-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 4 - Examinations, Hearings and Appeals|Section 59A-4-21 - Immunity from civil liability.

A. No cause of action shall arise nor shall any liability be imposed against the superintendent, the superintendent's authorized representatives or any examiner appointed by the superintendent for any statements made or conduct performed in good faith while carrying out the provisions of Chapter 59A, Article 4 NMSA 1978. B. No cause of action shall arise nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the superintendent or the superintendent's authorized representative or examiner pursuant to an examination made under Chapter 59A, Article 4 NMSA 1978, if such act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. C. This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in Subsection A of this section. D. A person identified in Subsection A of this section shall be entitled to an award of attorneys' fees and costs if he is the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of activities in carrying out the provisions of Chapter 59A, Article 4 NMSA 1978 and the party bringing the action was not substantially justified in doing so. For purposes of this section a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated. History: 1978 Comp., § 59A-4-21, enacted by Laws 1993, ch. 320, § 10.
NM Stat § 59A-5-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-1 - Definitions, in general.

In the Insurance Code words defined in Sections 69 through 76 [59A-5-2 to 59A-5-9 NMSA 1978], inclusive, of this article have the meaning ascribed in the respective such sections. History: Laws 1984, ch. 127, § 68. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 55 to 58. Liability of insurer or agent of insurer for failure to advise insured as to coverage needs, 88 A.L.R.4th 249.
NM Stat § 59A-5-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-2 - "Alien" insurer defined.

An "alien" insurer is one formed under the laws of a country other than the United States. History: Laws 1984, ch. 127, § 69.
NM Stat § 59A-5-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-3 - "Charter" defined.

Charter means certificate of incorporation, articles of incorporation, articles of agreement, articles of association, charter granted by legislative act, or other basic constituent document of a corporation, or the subscribers' agreement and power of attorney of the attorney-in-fact of a reciprocal insurer or constituent documents of a Lloyds insurer. History: Laws 1984, ch. 127, § 70.
NM Stat § 59A-5-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-4 - "Domestic" insurer defined.

A "domestic" insurer is one formed under the laws of New Mexico. History: Laws 1984, ch. 127, § 71.
NM Stat § 59A-5-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-5 - "Foreign" insurer defined.

A "foreign" insurer is generally one organized under the laws of a state other than New Mexico. Except where distinguished by context, "foreign" insurer includes also an "alien" insurer. History: Laws 1984 ch. 127, § 72.
NM Stat § 59A-5-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-6 - "Lloyds" insurer defined.

A "Lloyds" insurer is an unincorporated but formally associated group of separate persons ("underwriters" or "underwriting syndicates") by whom an insurance risk is assumed in whole or part by one or more of such persons. History: Laws 1984, ch. 127, § 73. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 46A C.J.S. Insurance § 1709 et seq.
NM Stat § 59A-5-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-7 - "Mutual" insurer defined.

A "mutual" insurer is an incorporated insurer without capital stock, the governing body of which is elected by its policyholders. This definition shall not be deemed to exclude as "mutual" insurers certain foreign insurers found by the superintendent to be organized on the mutual plan under the laws of the state of domicile, but having temporary share capital or providing for election of the governing body on other reasonable basis. History: Laws 1984, ch. 127, § 74. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 65 to 76. 44 C.J.S. Insurance § 114 et seq.
NM Stat § 59A-5-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-8 - "Reciprocal" insurer defined.

A "reciprocal" insurer is an unincorporated aggregation of subscribers operating individually and collectively through an attorney-in-fact common to all such persons to provide insurance on basis of reciprocity among themselves. History: Laws 1984, ch. 127, § 75. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 77 to 83. 46A C.J.S. Insurance § 1709 et seq.
NM Stat § 59A-5-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-9 - "Stock" insurer defined.

A "stock" insurer is an incorporated insurer with capital divided into shares, and owned by its shareholders. History: Laws 1984, ch. 127, § 76. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 60 to 64. 44 C.J.S. Insurance § 104 et seq.
NM Stat § 59A-5-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-10 - Certificate of authority required; penalty.

A. No person shall act as an insurer, and no insurer shall transact insurance in this state by direct solicitation or solicitation through the mails or otherwise, unless so authorized by a subsisting certificate of authority issued by the superintendent, except as to such transactions as are expressly otherwise provided for in the Insurance Code. B. No insurer from offices or by personnel or facilities located in this state shall solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority granted by the superintendent authorizing it to transact the same kind or kinds of insurance in this state. As to domestic insurers, this provision is further subject to Section 579 [59A-34-33 NMSA 1978] (unauthorized business in other states) of the Insurance Code. C. Any officer, director, agent, representative or employee of any insurer who wilfully authorizes, negotiates, makes or issues any insurance contract in violation of this section commits a misdemeanor, subject on conviction to a fine of not over one thousand dollars ($1,000). History: Laws 1984, ch. 127, § 77. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-5-11.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-11.1 - Exemption from authority requirement; provider service networks.

A certificate of authority shall not be required of a provider service network, except as provided in the Provider Service Network Act [59A-42A-1 to 59A-42A-9 NMSA 1978]. History: 1978 Comp., § 59A-5-11.1, enacted by Laws 1997, ch. 107, § 10.
NM Stat § 59A-5-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-12 - General eligibility for certificate of authority.

To qualify for and hold authority to transact insurance in this state, an insurer must have accepted in writing all of the laws of New Mexico, be otherwise in compliance with the Insurance Code and with its charter powers, and must be an incorporated stock or mutual insurer, or a reciprocal insurer, or Lloyds insurer; except that: A. no foreign insurer shall be authorized in this state which does not maintain reserves as required by Sections 121 through 129 [59A-8-4 to 59A-8-12 NMSA 1978], inclusive, of Article 8 [Chapter 59A, Article 8 NMSA 1978] (assets and liabilities) of the Insurance Code, as applicable to the insurance transacted by the insurer in the United States, or which transacts business anywhere in the United States on the assessment plan, or stipulated premium plan, or any similar plan; B. no insurer shall be authorized to transact a kind of insurance in this state unless duly authorized or qualified to transact such insurance in the state or country of its domicile; C. no insurer shall be authorized to transact in this state any kind of insurance not within the definitions set forth in Article 7 [Chapter 59A, Article 7 NMSA 1978] (kinds of insurance) of the Insurance Code; and D. no such authority shall be granted or continued to any insurer while in arrears to this state for fees, licenses, taxes, assessments, fines or penalties accrued on business previously transacted. History: Laws 1984, ch. 127, § 79. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-5-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-13 - General eligibility for authority; ownership and management.

A. No foreign insurer which is owned or controlled in whole or substantial part by any government or governmental agency shall be authorized to transact insurance in New Mexico. Membership in a mutual insurer or subscribership in a reciprocal insurer, or ownership of stock in an insurer by the alien property custodian or similar officer of the United States or ownership of stock or other security without voting rights as to the insurer management, or supervision of an insurer by public authority, shall not be deemed to be an ownership or control of the insurer under this subsection. B. The superintendent shall not grant or continue authority to transact insurance to any insurer or proposed insurer: (1) of which any director, officer or other individual materially part of its management is found by him after investigation or upon reliable information to be incompetent, or dishonest, or untrustworthy, or of unfavorable business repute; or (2) of which the managers are so lacking in insurer managerial experience in operations as existing or proposed in this state as to make such operations currently or prospectively hazardous to or contrary to the best interests of the insurance-buying or investing public of this state; or (3) which he has reason to believe is affiliated directly or indirectly through ownership, control, management, reinsurance or other business relations with any person or persons of unfavorable business repute; or (4) the business operations of whose director, officer, manager or controlling owner are or have been marked, to the injury of insurers, stockholders, policyholders, creditors or the public, by illegality, or by manipulation of assets, or of accounts, or of reinsurance, or by bad faith; or (5) as to which the superintendent is not satisfied that its business policies and methods would be in the best interests of the people of New Mexico. History: Laws 1984, ch. 127, § 80.
NM Stat § 59A-5-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 5 - Authorization of Insurers and General Requirements|Section 59A-5-14 - Name of insurer.

A. No insurer shall be formed or authorized to transact insurance in this state which has or uses a name: (1) the same as or deceptively similar to that of another insurer already so authorized; or (2) deceptively similar to that of another insurer, other than a predecessor in interest, authorized to transact insurance in this state within the preceding ten (10) years if policies originally issued by such other insurer are still outstanding in this state; or (3) the same as or deceptively similar to that of any insurer, or proposed insurer, not so authorized if such insurer has within the next preceding twelve (12) months signified its intention to secure an incorporation in this state under such name, or to do business as a foreign insurer in this state under such name, by filing notice of such intention with the superintendent, unless written consent to use of such name or deceptively similar name has been given by such insurer. B. No insurer shall be so authorized which has or uses a name tending to mislead as to its type of organization. C. In case of conflict of names between two insurers, or a conflict otherwise prohibited under this section, the superintendent may permit (or shall require as condition to issuance of an original certificate of authority to an applicant insurer) the insurer to use in this state such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict. D. Except as provided in Subsection C, above, an insurer shall conduct its business in its own corporate or proper name. E. Subsections A and C of this section shall not apply as to a corporation or insurer formed under [a] plan approved by the superintendent and court for rehabilitation of a domestic insurer pursuant to Article 41 [Chapter 59A, Article 41 NMSA 1978] (conservation, rehabilitation and liquidation) of the Insurance Code, or as to a corporation or insurer resulting from consolidation or merger, or acquisition of substantially all the assets and assumption of liabilities of another insurer through bulk reinsurance or otherwise, so long as the name used is [the] same as or similar to that of the predecessor corporation or insurer and is not in conflict with or deceptively similar to that of any other insurer then authorized or proposed (as provided in Subsection A(3) above) to transact insurance in this state. Subsections A and C shall not apply as to an insurer which is [a] subsidiary or affiliate of an authorized insurer and using name factors similar to those of the parent or insurer with which affiliated. History: Laws 1984, ch. 127, § 81. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.