reglab/housing_qa huggingface dataset:
NM Stat § 59A-2-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-2 - Superintendent; appointment; term; compensation; removal.

A. The position of superintendent of insurance shall be the chief officer of the office of superintendent of insurance.B. The superintendent shall be appointed by the insurance nominating committee.C. The superintendent shall serve for a term of four years, except that the initial term beginning July 1, 2013 shall end on December 31, 2015. An incumbent superintendent may apply to the insurance nominating committee for appointment to additional terms.D. The superintendent's annual compensation shall be subject to legislative appropriation and established by the insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation shall be no lower than that of the lowest-compensated cabinet secretary and no higher than that of the highest-compensated cabinet secretary.E. The superintendent shall not be removed except for incompetence, willful neglect of duty or malfeasance in office. The insurance nominating committee may remove the superintendent after providing the superintendent with notice and a hearing.History: Laws 1984, ch. 127, § 20; 1998, ch. 108, § 35; 2013, ch. 74, § 10; 2015, ch. 11, § 3; 2020, ch. 63, § 1. ANNOTATIONSThe 2020 amendment, effective May 20, 2020, removed a provision providing for a vacancy in the position of superintendent of insurance; and in Subsection C, after "December 31, 2015.", deleted "If the position of superintendent becomes vacant, the successor shall serve the remainder of the term".The 2015 amendment, effective June 19, 2015, provided that the annual compensation of the superintendent of insurance shall be established by the insurance nominating committee and subject to legislative appropriation; in Subsection D, after "shall be", added "subject to legislative appropriation and", and after "established by the", deleted "legislature in an appropriations act and" and added "insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation"; and in Subsection E, after "after", deleted "first". The 2013 amendment, effective March 29, 2013, provided for the term of office, compensation, and removal of the superintendent of insurance; in the title, added "term; compensation"; in Subsection A, at the beginning of the sentence, added "position of", after "chief officer of the", added "office of superintendent of", and after "insurance", deleted "division"; in Subsection B, after "appointed", deleted "and may be removed for cause at any time", and after "by the", deleted "commission" and added "insurance nominating committee"; and added Subsections C through E. The 1998 amendment, effective January 1, 1999, substituted "division" for "department" in the first sentence, and deleted "corporation" preceding "commission" in the second sentence.
NM Stat § 59A-2-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-3 - Superintendent; qualifications and bond.

The superintendent shall:A. be bonded as provided in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978];B. not have a direct financial interest in an insurer, insurance agency or insurance transaction except as a policyholder or a claimant under a policy or as an owner of less than one percent of the shares of an insurer that is a publicly traded corporation; andC. not have a spouse who:(1) has a direct financial interest in an insurer or insurance agency regulated by the office of superintendent of insurance, except as an owner of less than one percent of the shares of an insurer that is a publicly traded corporation; or(2) is licensed as an individual by the office of superintendent of insurance.History: Laws 1984, ch. 127, § 21; 2013, ch. 74, § 11; 2015, ch. 11, § 5; 2020, ch. 63, § 3. ANNOTATIONSThe 2020 amendment, effective May 20, 2020, removed a provision requiring the superintendent be a resident of New Mexico at the time of appointment; and deleted former Subsection A and redesignated the succeeding subsections accordingly.The 2015 amendment, effective June 19, 2015, provided for new qualifications and restrictions on the position of superintendent of insurance; in Subsection A, deleted "have been" and added "be" preceding "a resident", and after "New Mexico", deleted "for at least one year before" and added "at the time of"; in Subsection B, after "Act;", deleted "and"; in Subsection C, after "not have", deleted "nor have a spouse or child who has, any" and added "a", and deleted the period and added "; and"; and added Subsection D. The 2013 amendment, effective March 29, 2013, provided qualifications for the superintendent of insurance; in Subsection A, after "for at least", deleted "three (3) years" and added "one year" and deleted "The superintendent shall"; and added Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal liability of public officials or their bonds for permitting insurance companies to engage or continue in business without complying with statutory requirements, 131 A.L.R. 275.
NM Stat § 59A-2-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-4 - Staff.

The superintendent: A. may hire employees and prescribe their duties and qualifications and fix their compensation pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and B. shall designate an employee of the office of superintendent of insurance as chief deputy superintendent, who shall be acting superintendent when the superintendent position is vacant or the superintendent is unable to perform the duties of that office because of mental or physical disability. History: Laws 1984, ch. 127, § 22; 1993, ch. 320, § 2; 1998, ch. 108, § 36; 2013, ch. 74, § 12. ANNOTATIONSThe 2013 amendment, effective March 29, 2013, provided for staff of the superintendent of insurance; in the introductory sentence, at the beginning of the sentence, deleted "With the chief of staff's approval"; in Subsection A, after "may", added the reminder of the sentence; in Subsection B, at the beginning of the sentence, added "shall", after "employee of the", added "office of superintendent of", after "insurance", deleted "division", after "when the", deleted "office of", and after "when the superintendent", deleted "position". The 1998 amendment, effective January 1, 1999, deleted the Subsection A designation, substituted "chief of staff's" for "corporation commission's" near the beginning and deleted Subsections B through D. The 1993 amendment, effective June 18, 1993, added Subsection D.
NM Stat § 59A-2-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 59A-2-5 and 59A-2-6 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 23 and 24, relating to conflicts of interest of, and prohibiting gratuities to, the superintendent of insurance, effective January 1, 1999. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-2-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-7 - Delegation of powers.

A. The superintendent may delegate to his deputy, assistant or examiner the exercise or discharge in the superintendent's name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon or to be performed by the superintendent. B. The official act of any such individual acting in the superintendent's name and by his authority shall be deemed an official act of the superintendent. History: Laws 1984, ch. 127, § 25.
NM Stat § 59A-2-8.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-8.1 - Producer licensing; national producer registry; fees collected.

The division may contract with a nongovernmental entity, including the national association of insurance commissioners or its affiliates or subsidiaries, to perform ministerial functions related to licensure of producers. Fees collected shall be remitted to the division on a schedule approved by the superintendent. The division may adopt by rule any uniform standards and procedures necessary to participate in a national producer registry. History: Laws 2001, ch. 297, § 9. ANNOTATIONSEffective dates. — Laws 2001, ch. 297 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 59A-2-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9 - Rules and regulations; promulgation; violation.

A. The superintendent, after a hearing thereon, may make reasonable rules and regulations necessary for or as an aid to administration or effectuation of any provision of the Insurance Code administered by the superintendent, and from time to time withdraw, modify or amend any such rule or regulation. B. No such rule or regulation shall extend, modify or conflict with any such provision or other laws of New Mexico. C. The superintendent shall file all new rules, amendments of rules or repeals of rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] not later than the submittal deadline for publication in the New Mexico register on or before the effective date of any such rule, amendment or repeal. D. Willful violation of any such rule or regulation shall subject the violator to such penalty as may be applicable under the Insurance Code for violation of the provision to which the rule or regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that the rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason. History: Laws 1984, ch. 127, § 27; 1997, ch. 121, § 1. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1997 amendment, effective June 20, 1997, rewrote Subsection C and made a stylistic change in Subsection D. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 51 to 54. 44 C.J.S. Insurance § 15 et seq.
NM Stat § 59A-2-9.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.1 - Regulations; leased employees.

The superintendent shall adopt and promulgate regulations: A. for defining temporary and leased employees; B. for rating temporary and leased employees; C. to ensure that employers utilize accurate employee classifications; D. to prevent employers from reducing their experience modifiers through various employee-leasing schemes; E. to establish and enforce penalties for any violations of these regulations; and F. which shall be reported to the first session of the fortieth legislature. History: Laws 1990 (2nd S.S.), ch. 2, § 108.
NM Stat § 59A-2-9.2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.2 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2003, ch. 202, § 15 recompiled former 59A-2-9.2 NMSA 1978, concerning health plan requirements, as 59A-16-21.1 NMSA 1978, effective June 20, 2003.
NM Stat § 59A-2-9.3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.3 - Superintendent authorized and directed to promulgate privacy rules.

The superintendent is authorized to and shall promulgate rules to reasonably protect the privacy of insurance consumers' nonpublic personal information, including personal health and financial information. Rules promulgated pursuant to this section shall meet any applicable federal requirements for protecting nonpublic personal information of insured persons from improper access or disclosure. History: Laws 2001, ch. 202, § 1. ANNOTATIONSEffective dates. — Laws 2001, ch. 202 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 59A-2-9.4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.4 - Superintendent of insurance; additional powers.

The superintendent of insurance shall promulgate rules to define minimum coverage for smoking cessation treatment. History: Laws 2003, ch. 337, § 6. ANNOTATIONSEffective dates. — Laws 2003, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature. Applicability. — Laws 2003, ch. 337 § 7, effective June 20, 2003, made the provisions of the act apply on and after July 1, 2003.
NM Stat § 59A-2-9.5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.5 - Repealed.

History: Laws 2003, ch. 235, § 3; 1978 Comp. § 8-8-9.2, recompiled by Laws 2007, ch. 282, § 14; repealed by Laws 2015, ch. 111, § 7.ANNOTATIONSRepeals. — Laws 2015, ch. 111, § 7 repealed 59A-2-9.5 NMSA 1978, as enacted by Laws 2003, ch. 235, § 3, relating to duties of the superintendent of insurance, effective June 19, 2015. For provisions of former section, see the 2014 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-2-9.6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.6 - Health insurance cooperative; rulemaking.

The superintendent shall adopt rules to govern the registration of health insurance cooperatives, including the registration of cooperative employees, pursuant to Chapter 59A, Article 23 NMSA 1978. History: Laws 2011, ch. 34, § 3. ANNOTATIONSEffective dates. — Laws 2011, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
NM Stat § 59A-2-9.7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.7 - Annual report required.

No later than December 1 of each year, the superintendent shall report to the legislature, to the insurance nominating committee and to the governor on the activities of the office of superintendent of insurance during the previous fiscal year. History: Laws 2013, ch. 74, § 14. ANNOTATIONSEmergency clauses. — Laws 2013, ch. 74, § 41 contained an emergency clause and was approved March 29, 2013.
NM Stat § 59A-2-9.8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.8 - Prior authorization request form; development.

A. On or before January 1, 2014, the division shall jointly develop with the board of pharmacy a uniform prior authorization form that, notwithstanding any other provision of law, a prescribing practitioner in the state shall use to request prior authorization for coverage of prescription drugs. The uniform prior authorization form shall: (1) not exceed two pages; (2) be made electronically available on the web site of the division and on the web site of each health insurer, health care plan or health maintenance organization that uses the form; (3) be developed with input received from interested parties pursuant to at least one public meeting; and (4) take into consideration the following: (a) any existing prior authorization forms that the federal centers for medicare and medicaid services or the human services department has developed; and (b) any national standards pertaining to electronic prior authorization for prescription drugs. B. As used in this section, "prescribing practitioner" means a person that is licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978]. History: Laws 2013, ch. 170, § 2. ANNOTATIONSEffective dates. — Laws 2013, ch. 170 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 59A-2-9.9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-9.9 - State innovation waiver application.

The superintendent, in consultation with and pursuant to approval by the governor, is authorized to submit a state innovation waiver application pursuant to Section 1332 of the federal Patient Protection and Affordable Care Act to establish a program relating to access and affordability of health insurance coverage. In applying for a waiver pursuant to Section 1332 of the federal Patient Protection and Affordable Care Act, the superintendent shall seek any federal funding available to implement the waiver.History: Laws 2019, ch. 259, § 20. ANNOTATIONSEffective dates. — Laws 2019, ch. 259 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 59A-2-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-10 - Orders, notices in general.

A. Orders and notices of the superintendent shall be effective only when in writing signed by him or by his authority. B. Every order of the superintendent shall state its effective date and shall concisely state: (1) what is ordered; (2) the grounds on which the order is based; and (3) the provisions of the Insurance Code pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the superintendent of the right to rely thereon. C. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to such person at [his] principal place of business or residence last of record with the insurance department. If so mailed, the order or notice shall be deemed given when deposited in a mail depository of the United States post office; and as to which the affidavit of the individual who so mailed it shall be prima facie evidence that the order or notice was given. History: Laws 1984, ch. 127, § 28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-2-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-11 - Enforcement.

A. The superintendent may invoke the aid of any court of competent jurisdiction through injunction, mandamus or other appropriate process to enjoin any existing or threatened violation of any provision of the Insurance Code or to enforce any order made or action taken by him in pursuance of law. B. If the superintendent has reason to believe that any person has violated any provision of the Insurance Code or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the attorney general or other appropriate public law enforcement officials. The attorney general or such other law enforcement official shall promptly institute or cause to be instituted such action or proceedings against such person as in his opinion the information may require or justify. C. The superintendent may enforce civil penalties provided under the Insurance Code, and for the purpose use services of attorneys of the insurance department. History: Laws 1984, ch. 127, § 29. ANNOTATIONSCross references. — For statutory provisions relating to mandamus, see 44-2-1 NMSA 1978 et seq. For injunctions under Rules of Civil Procedure for the District Court, see Rule 1-066 NMRA. For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-2-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-12 - Records; inspection; destruction.

A. The superintendent shall preserve in the office of superintendent of insurance and in permanent form copies of all notices and orders given or made and of all other papers and records relating to the business and transactions of the office and shall hand the same over to the superintendent's successor in office. B. Except as otherwise provided by the Insurance Code or by order of court, the papers and records shall be open to public inspection. The superintendent may classify as confidential certain records and information obtained from another governmental agency or other source upon the express condition that they remain confidential or are deemed confidential by the superintendent, and such records and information shall not be subject to public inspection while confidentiality exists; except that no filing required to be made with the superintendent under the Insurance Code shall be deemed confidential unless expressly so provided by law. C. The superintendent may destroy unneeded or obsolete records and filings in the office of superintendent of insurance pursuant to the Public Records Act [Chapter 14, Article 3 NMSA 1978]. History: Laws 1984, ch. 127, § 30; 2013, ch. 74, § 16. ANNOTATIONSThe 2013 amendment, effective March 29, 2013, provided for preservation, inspection, and destruction of the records of the office of the superintendent of insurance; in Subsection A, after "shall preserve in the", added "office of superintendent of", after "insurance", deleted "department", after "transactions of the", deleted "department" and added "office", and after "hand the same over to", deleted "his" and added "the superintendent's"; and in Subsection C, after "filings in the", added "office of superintendent of" and after "insurance", deleted "department in accordance with provisions and procedures applicable in general to records and filings of the corporation commission" and added "pursuant to the Public Records Act".
NM Stat § 59A-2-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 2 - Office of Superintendent of Insurance|Section 59A-2-13 - Seal as evidence.

The superintendent shall have an official seal. Every instrument executed by the superintendent in pursuance with law and sealed with such seal shall be received as evidence. Copies of books, records and papers kept or filed in the office of superintendent of insurance pursuant to law, certified by the superintendent and authenticated by the seal, shall be received in evidence in like manner as the originals. History: Laws 1984, ch. 127, § 31; 2013, ch. 74, § 17. ANNOTATIONSThe 2013 amendment, effective March 29, 2013, provided for an official seal of the office of superintendent of insurance; at the beginning of the first sentence, deleted "The corporation commission shall provide", after "superintendent", deleted "with" and added "shall have"; and in the third sentence, after "kept and filed in the", added "office of superintendent of" and deleted "department".