reglab/housing_qa huggingface dataset:
NM Stat § 59A-11-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-16 - Duration of suspension.

A. In the order suspending a license issued under this article, the superintendent shall, in addition to other matters required, state the period, not to exceed one (1) year, for which suspension is to be in effect. The period of suspension may be modified by the superintendent's further order. At the end of the suspension period the license shall reinstate on request of the licensee, unless the superintendent finds that the cause or causes of the suspension, if of a continuing character, still exist or are likely to recur. If the superintendent so finds, he shall forthwith revoke the license by his further order. B. During the period of suspension the licensee shall not engage in any transaction for which the license is required, other than receipt and remittance of premiums paid as to insurance or other business transacted under the license prior to the suspension. History: Laws 1984, ch. 127, § 195.
NM Stat § 59A-11-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-17 - Administrative fine in lieu [of suspension, etc.].

In lieu of suspension, revocation or refusal to continue a license issued under this article the superintendent may levy an administrative fine upon the licensee in amount of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). In the order levying the fine, the superintendent shall specify the grounds therefor and the period, not to exceed sixty (60) days, within which the licensee shall pay. If at the end of payment period so allowed the licensee has not paid to the superintendent the amount of the fine, the license shall stand suspended, revoked or renewal refused, as the case may be, as at the end of the period and without further order. History: Laws 1984, ch. 127, § 196. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 59A-11-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-18 - Relicensing after revocation or refusal to continue.

The superintendent shall not relicense any former licensee whose license has been revoked or continuation refused until evidence has been presented showing to the superintendent's satisfaction that the former licensee is otherwise qualified for the license desired and that the cause or causes of the prior revocation or refusal to continue, if of continuing character, no longer exist and will not recur. History: Laws 1984, ch. 127, § 197.
NM Stat § 59A-11-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-19 - Repealed.

History: Laws 1984, ch. 127, § 198; repealed by Laws 2016, ch. 89, § 70. ANNOTATIONSRepeals. — Laws 2016, ch. 89, § 70 repealed 59A-11-19 NMSA 1978, as enacted by Laws 1984, ch. 127, § 198, relating to return of license to superintendent, effective July 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-11-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-20 - License records.

The superintendent shall maintain a record of all licenses in force and insurance department transactions relative thereto. In addition to other matters, the record shall show name and address of licensee, date of issuance, kind of business to be transacted, name and address of insurer or other principal represented. Except as to privileged information and other matters withheld by the superintendent pursuant to Sections 30 [59A-2-12 NMSA 1978] (records; inspection; destruction) or 55 [59A-4-11 NMSA 1978] (examination report; filing for public inspection; confidentiality) of the Insurance Code, the record shall be open to public inspection. History: Laws 1984, ch. 127, § 199.
NM Stat § 59A-11-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-21 - Penalties.

In addition to any administrative penalty provided therefor under this article, any person who in application for license wilfully misrepresents or wilfully withholds requested material information, shall upon conviction thereof be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) unless the character of the offense is punishable as a greater offense under the general laws of this state. History: Laws 1984, ch. 127, § 200.
NM Stat § 59A-11-22 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-22 - Duty to report.

A. A licensee shall report to the superintendent any administrative action taken against the licensee in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. The report shall include a copy of the order, consent to order or other relevant legal documents. B. Within thirty days of the initial pretrial hearing date, a licensee shall report to the superintendent any criminal prosecution of the licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents. History: Laws 2016, ch. 89, § 21. ANNOTATIONSEffective dates. — Laws 2016, ch. 89, § 72 made Laws 2016, ch. 89, § 21 effective July 1, 2017. Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-11-23 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-23 - Reciprocity.

A. The superintendent shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements imposed by Section 23 [59A-11-24 NMSA 1978] of this 2016 act, if the applicant's home state awards nonresident licenses to residents of this state on the same basis. B. A nonresident licensee's satisfaction of the nonresident licensee's home state's continuing education requirements shall constitute satisfaction of the continuing education requirements if the nonresident licensee's home state recognizes the satisfaction of its continuing education requirements imposed upon licensees from New Mexico on the same basis. History: Laws 2016, ch. 89, § 22. ANNOTATIONSEffective dates. — Laws 2016, ch. 89, § 72 made Laws 2016, ch. 89, § 22 effective July 1, 2017. Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-11-24 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11 - Licensing Procedures for Producers and Others|Section 59A-11-24 - Nonresident license; requirements.

A. Unless denied a license pursuant to Section 59A-11-14 NMSA 1978, a nonresident person shall receive a nonresident license if: (1) the person is currently licensed as a resident in good standing in the person's home state; (2) the person has submitted the proper request for licensure and has paid the fees required by Section 59A-6-1 NMSA 1978; (3) the person has submitted or transmitted to the superintendent the application for licensure that the person submitted to the person's home state or a completed uniform application; and (4) the person's home state awards nonresident licenses to residents of this state on the same basis. B. The superintendent may verify an applicant's insurance producer licensing status through the insurance producer database maintained by the national association of insurance commissioners, its affiliates or subsidiaries. C. A nonresident licensee who moves from one state to another state or a resident licensee who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. D. Notwithstanding any other provision of this section, a person licensed as a surplus lines producer in the person's home state shall receive a nonresident surplus lines producer license pursuant to Subsection A of this section. Except as provided in Subsection A of this section, nothing in this section otherwise amends or supersedes any provision of Chapter 59A, Article 14 NMSA 1978. E. Notwithstanding any other provision of this section, a person licensed as a limited lines credit insurance or other type of limited lines producer in the person's home state shall receive a nonresident limited lines producer license, pursuant to Subsection A of this section, granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this subsection, limited lines insurance is any authority granted by the home state that restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to Subsection C of Section 59A-7-1 NMSA 1978. History: Laws 2016, ch. 89, § 23. ANNOTATIONSEffective dates. — Laws 2016, ch. 89, § 72 made Laws 2016, ch. 89, § 23 effective July 1, 2017. Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-11A-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-1 - Insurance consultant; license required.

Unless licensed as an insurance consultant under the provisions of this act [59A-11A-1 to 59A-11A-8 NMSA 1978], no person shall: A. for a fee received or to be received, offer to examine, examine or aid in examining any policy of insurance or any annuity or pure endowment contract for the purpose of giving or offering to give any advice, counsel, recommendation or information in respect to the terms, conditions, benefits, coverage or premium of any such policy or contract or in respect to the expediency or advisability of altering, changing, exchanging, converting, replacing, surrendering, continuing, renewing or rejecting any such policy or contract or of accepting or procuring any such policy or contract from any company; or B. in or on advertisements, cards, signs, circulars or letterheads or elsewhere or in any other way or manner by which public announcements are made use the title "insurance consultant", "insurance advisor", "insurance specialist", "insurance counselor", "insurance analyst", "policyholders' advisor", "policyholders' counselor" or any other similar title or any title, word or combination of words indicating that he gives or is engaged in the business of giving advice, counsel, recommendation or information to holders of policies of insurance or annuity or pure endowment contracts. History: Laws 1989, ch. 97, § 1.
NM Stat § 59A-11A-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-2 - Insurance consultant license; exemptions.

Nothing in this act [59A-11A-1 to 59A-11A-8 NMSA 1978] shall be construed to: A. prohibit the customary advice offered by a licensed insurance agent or adjuster; B. apply to a person admitted to the practice of law or permitted to engage in the practice of public accountancy in this state when the person is acting within the scope of that practice; or C. require licensure of or otherwise apply to a salaried employee of a group or its service company as defined in the Group Self-Insurance Act [Chapter 52, Article 6 NMSA 1978]. History: Laws 1989, ch. 97, § 2.
NM Stat § 59A-11A-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-3 - Insurance consultant license; application; requirements for issuance; fee; renewal.

A. The superintendent shall issue a license as an insurance consultant to a person who: (1) has reached the age of majority; (2) files a written application in the manner and form prescribed by the superintendent, stating the lines of insurance for which the applicant desires a license; (3) passes an examination as provided in Subsection B of this section; (4) pays an application fee and an examination fee as specified in Section 59A-6-1 NMSA 1978; and (5) satisfies the superintendent that the person is competent, financially responsible and of good moral character. B. The superintendent shall examine all initial applicants for a license as an insurance consultant in the manner and form that the superintendent prescribes. The examination shall be of sufficient scope to demonstrate a broad knowledge of insurance contracts and the practices of the insurance industry in the lines of insurance for which the applicant desires a license. However, the superintendent may waive the requirement for the examination for: (1) property and casualty insurance in the case of an applicant who has been awarded the professional designation of chartered property and casualty underwriter or certified insurance counselor in the property and casualty line; (2) life and accident insurance in the case of an applicant who has been awarded the professional designation of chartered life underwriter; and (3) all lines of insurance in the case of an applicant who has been awarded the professional designations of chartered property and casualty underwriter and chartered life underwriter. C. If an applicant fails an examination, the applicant may be reexamined upon payment of a ten-dollar ($10.00) examination fee for each reexamination. D. The license as an insurance consultant shall be issued for two years. The license may, at the discretion of the superintendent, be renewed biennially upon application and payment of a fee as specified in Section 59A-6-1 NMSA 1978. History: Laws 1989, ch. 97, § 3; 2011, ch. 127, § 7. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, imposed the license fees specified in Section 59A-6-1 NMSA 1978.
NM Stat § 59A-11A-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-4 - Insurance consultant license; suspension or revocation; appeal; penalty.

A. The superintendent may revoke the license of an insurance consultant or suspend it for a period not exceeding the expiration date of the license for any good cause shown as provided in the Insurance Code. The superintendent shall revoke or suspend a license only upon notice and hearing as provided in the Insurance Code. B. Any person aggrieved by the action of the superintendent in revoking, suspending or refusing to grant, renew or reissue a license may appeal that action to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. C. The superintendent may at any time require such information as he deems necessary in respect to the business methods, policies and transactions of a licensee. Any person who fails or refuses to furnish the superintendent in the form he may require any such information within ten days after receiving a written request for it is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500). History: Laws 1989, ch. 97, § 4; 1998, ch. 55, § 62; 1999, ch. 265, § 66. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B. The 1998 amendment, effective September 1, 1998, in Subsection B, substituted "to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978" for "as provided in the Insurance Code" and in Subsection C, substituted "or" for "nor".
NM Stat § 59A-11A-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-5 - Insurance consultants; contracts and agreements.

No contract or agreement with an insurance consultant for any advice, counsel, recomendation [recommendation] or other information provided within the scope of his license shall be enforceable by him unless: A. it is in writing and executed in duplicate by the person to be charged or his legal representative; B. the duplicate is delivered to or retained by the person to be charged when it is signed by him; C. it plainly specifies the amount of the fee paid or payable by the person to be charged and the services to be rendered by the insurance consultant; and D. it is in a form currently approved by the superintendent. History: Laws 1989, ch. 97, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
NM Stat § 59A-11A-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-6 - Insurance consultant; required acknowledgments.

A. An insurance consultant who furnishes any advice or counsel within the scope of his license as such a consultant, makes any recommendation or gives any information except under the terms of a previously executed written contract conforming to Section 4 [59A-11-4 NMSA 1978] of this act and in full force and effect shall upon furnishing such advice, counsel, recommendation or information give to the recipient thereof; (1) a statement in writing, signed by the consultant, in a form currently approved by the superintendent, specifying the advice, counsel, recommendation or information given; and (2) a receipt in a form currently approved by the superintendent for the fee paid to him or a statement in a form currently approved by the superintendent of the fee to be received by him. B. Any person who violates any provision of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500). History: Laws 1989, ch. 97, § 6.
NM Stat § 59A-11A-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-7 - Payment from insurers or insurance producers for sale of insurance prohibited; penalty.

A. No insurance consultant serving any person, firm, association, organization or corporation not engaged in the insurance business, for compensation paid or to be paid by the person served, shall directly or indirectly receive any part of any commission or compensation paid by any insurer or insurance producer of any insurer in connection with the sale or writing of any insurance that is within the subject matter of any such service. B. Any person who violates any provision of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a definite term of not less than thirty days or more than ninety days or both. History: Laws 1989, ch. 97, § 7; 2016, ch. 89, § 24. ANNOTATIONSThe 2016 amendment, effective July 1, 2017, replaced "agents" with "insurance producers"; in the catchline, deleted "agents" and added "insurance producers"; in Subsection A, after "by an insurer or", deleted "agent" and added "insurance producer", and after "writing of any insurance", deleted "which" and added "that". Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-11A-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 11A - Insurance Consultants|Section 59A-11A-8 - Acting as insurance consultant without a license prohibited; penalty.

Any person who acts as an insurance consultant without a license or during the suspension of his license is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a definite term not exceeding six months or both. History: Laws 1989, ch. 97, § 8.
NM Stat § 59A-12-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 12 - Insurance Producers|Section 59A-12-1 - Purpose and scope of article.

Chapter 59A, Article 12 NMSA 1978, in conjunction with Chapter 59A, Article 11 NMSA 1978, governs the qualifications and procedures for the licensing of insurance producers. Chapter 59A, Article 12 NMSA 1978 does not apply to surplus lines brokers that are licensed pursuant to Chapter 59A, Article 14 NMSA 1978 and that sell, solicit or negotiate insurance in this state solely for placement with eligible surplus lines insurers, except as provided in Sections 22 and 23 [59A-11-23 and 59A-11-24 NMSA 1978] of this 2016 act. History: Laws 1984, ch. 127, § 201; 2016, ch. 89, § 25. ANNOTATIONSThe 2016 amendment, effective July 1, 2017, clarified the purpose and scope of Chapter 59A, Article 12; in the catchline, added "purpose and"; in the first sentence, deleted "This article applies only to agents, brokers and solicitors, as hereinafter defined, as to transaction of one or more kinds of insurance or subdivisions thereof as defined in Article 7 of the Insurance Code" and added the remainder of the section. Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected. Claims not preempted by federal law. — The Employee Retirement Income Security Act of 1974 (ERISA) did not preempt an insured's pre-plan fraud claims against its insurer. Woodworker's Supply, Inc. v. Principal Mut. Life Ins. Co., 170 F.3d 985 (10th Cir. 1999). Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 108 to 158. Provisions of insurance company's contract with independent insurance agent restricting competitive placements by agent as illegal restraint of trade under state law, 42 A.L.R.4th 1072. Liability of insurance agent or broker to insured for misrepresentation of cash surrender value or accumulated value benefits of life insurance policy, 44 A.L.R.4th 1030. Necessity of expert testimony to show standard of care in negligence action against insurance agent or broker, 52 A.L.R.4th 1232. Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 A.L.R.4th 1095. Liability of insurer or agent of insurer for failure to advise insured as to coverage needs, 88 A.L.R.4th 249. Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 A.L.R.5th 199. Insurance agents' and brokers' professional liability insurance, 55 A.L.R.5th 681. Liability of insurance agent or broker on ground of inadequacy of liability-insurance coverage procured, 60 A.L.R.5th 165. 44 C.J.S. Insurance § 85 et seq.