reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.8 - INITIATION OF THE RULEMAKING PROCESS BY THE SUPERINTENDENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rulemaking process may be initiated by
				the superintendent through a notice for a rule hearing that is publicly posted
				pursuant to this rule.
B. The
				superintendent shall proceed with the rulemaking process by posting public
				notice, publishing the proposed rule for comment, and setting a public rule
				hearing in accordance with the State Rules Act and any other applicable
				law.
C. Once the superintendent
				initiates the rulemaking process, the superintendent must maintain a record as
				prescribed in Section
				14-4-5.4 NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.9 - INITIATION OF THE RULEMAKING PROCESS BY THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may file a petition for
				rulemaking with the superintendent.
B. A petition for rulemaking shall be made in
				writing and include an explanation of the purpose or statement of reasons for
				the proposed rule. A petition shall include a citation to the legal authority
				authorizing the superintendent to adopt the rule and a copy of or citation to
				technical information, if any, that serves as the basis for the proposed rule.
				A petition should be as clear as possible and may include the proposed rule in
				underline and strike through format, consistent with requirements of the state
				records administrator.
C. The
				superintendent shall, if required by law, consider the petition and make a
				determination within 30 calendar days whether to grant or deny the petition. If
				the superintendent denies the petition, the superintendent shall issue a final
				order explaining the reason for denial. No affirmative duty to respond to a
				public petition is created by these rules. If a public right to petition the
				superintendent exists in the insurance code, the superintendent must follow all
				timelines or responses governed by the insurance code.
D. Once the superintendent initiates the
				rulemaking process, the superintendent must maintain a record as prescribed in
				Section 14-4-5.4 NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.10 - RULEMAKING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The superintendent shall provide to the public, as defined in
				  Section 14-4-2 NMSA 1978, notice of the
				  proposed rulemaking a minimum of 30 calendar days prior to the public rule
				  hearing and in accordance with requirements of Section
				  14-4-5.2 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.11 - WRITTEN COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				public comment period must be at least 30 calendar days, beginning after
				publication of the notice in the New Mexico register and issuance of the
				rulemaking notice. The superintendent shall not adopt a proposed rule before
				the end of the public comment period.
B. As long as the public comment period is at
				least 30 calendar days, the public comment period will close for initial
				comments at 4:00 p.m. on the day of the public hearing, or on the last day of
				the public hearing if the public hearing extends for more than one day. For
				purposes only of responses to written comments or oral comments at the public
				hearing, the public response period will extend at least 10 calendar days
				beyond the public hearing or close of the 30 day comment period, whichever is
				later, unless the necessity of adopting or publishing the rule by a certain
				date makes the extension of the public response period impractical.
C. A person may submit, by mail or electronic
				form, written comments or responses to comments on a proposed rule, and those
				comments or responses shall be made part of the record. Written comments may be
				submitted through the end of the public comment period, and responses to
				comments may be submitted for an additional 10 days, unless the necessity of
				adopting or publishing the rule by a certain date makes a response period
				impractical.
D. The superintendent
				may decide to amend the comment period, or response period, if the
				superintendent provides to the public, as defined in Section
				14-4-2 NMSA 1978, notice of the
				changes.
E. The superintendent
				shall post all written comments and responses on the OSI website, as soon as
				practicable, and no more than three business days following receipt to allow
				for public review. All written comments and responses received by the
				superintendent shall also be available for public inspection at the main office
				of OSI.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.12 - PUBLIC HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				adopting a proposed rule, the superintendent must hold a public rule hearing.
				The purpose of the hearing is to provide all interested persons a reasonable
				opportunity to submit data, views or arguments orally or in writing on the
				proposed rule. The superintendent, at the superintendent's discretion, directly
				or through a designated hearing officer, may determine whether to hold more
				than one hearing.
B. The
				superintendent may act as the hearing officer or designate an individual
				hearing officer to preside over the hearing. The hearing officer may ask
				questions and provide comments for clarification purposes only, but should
				refrain from providing opinions or engaging in discussion regarding the merits
				of the proposed rule or any public comment presented. All written comments
				submitted during the public comment period, as well as any written comments
				submitted during the hearing, will be made part of the record.
C. Individuals wishing to provide public
				comment or submit information at the hearing must state their name and any
				relevant affiliation for the record and be recognized before presenting. Public
				comment shall not be taken under oath unless required by law or separate rule.
				Any individual who provides public comment at the hearing may be questioned by
				the superintendent or hearing officer or, at the discretion of the
				superintendent or hearing officer, or as otherwise provided by law, by other
				persons at the hearing.
D. The
				hearing shall be conducted in a fair and equitable manner. The superintendent
				or hearing officer may determine the format in which the hearing is conducted
				(e.g. introduction of each part or section one at a time for comment), but the
				hearing will be conducted in a simple and organized manner that facilitates
				public comment and a clear rulemaking record.
E. The rules of evidence do not apply to
				public rule hearings and the superintendent or hearing officer may, in the
				interest of efficiency, exclude or limit comment or questions deemed
				irrelevant, redundant, or unduly repetitious.
F. The superintendent must hold the hearing
				in a venue that reasonably accommodates all persons who wish to participate or
				observe, and appropriate audio equipment should be secured to ensure all in
				attendance can hear the proceeding and be heard when presenting comment.
				Reasonable efforts shall be made to accommodate the use of audio and video
				recording devices. Hearings shall be open to the public, but are not subject to
				the New Mexico Open Meetings Act.
G. The hearing shall be recorded by any
				stenographic method in use in the district court or by audio
				recording.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.13 - RULEMAKING RECORD AND ADOPTION OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The superintendent shall maintain a record
				of the rulemaking proceeding as required in Section
				14-4-5.4 NMSA 1978, and any
				written comment, document, or other exhibit entered into the record during the
				rule hearing shall be labeled clearly. Pre-filed written comments are part of
				the rulemaking record without the need for formal admission. Pre-filed comments
				include, but are not limited to: the petition; public notices of the
				rulemaking, including any lists of individuals to whom notice was mailed or
				sent electronically; the proposed rule in underline and strike through format;
				and any written comment submitted during the comment period prior to the rule
				hearing. Written comments or other documents introduced during the hearing
				should be admitted into the record after being marked as an exhibit.
B. If the rule hearing is conducted by a
				designated hearing officer, the complete rulemaking record, including any
				memoranda summarizing the contents of the hearing, if written, shall be
				compiled and forwarded to the superintendent with sufficient time to review.
				The superintendent shall review the rulemaking record and the hearing officer's
				recommended decision before rendering a final decision on the proposed
				rule.
C. The superintendent may
				adopt, amend, or reject the proposed rule. Any amendments to the proposed rule
				must fall within the scope of the current rulemaking proceeding. Amendments to
				a proposed rule are within the scope of the rulemaking if the amendments:
(1) are a logical outgrowth of the rule
				proposed in the notice; or
(2) are
				proposed, or are reasonably suggested, by comments made during the comment
				period, and the 10 day response period after the close of the comment period
				has been provided; and
(a) any person affected
				by the adoption of the rule, if amended, should have reasonably expected that
				any change from the published proposed rule would affect that person's
				interest; or
(b) the subject matter
				of the amended rule or the issues determined by that rule are the same as those
				in the published proposed rule.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.14 - FILING AND PUBLICATION; EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 15 calendar days after the date of
				adoption of a rule, the superintendent shall file the adopted rule with the
				state records administrator and shall provide to the public the adopted rule
				and final order in accordance with the State Rules Act.
B. Unless another date is stated in the
				superintendent's final order, or otherwise provided by law, the effective date
				of the rule shall be the date of publication in the New Mexico
				register.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 4 - PUBLIC RULE HEARINGS › Section 13.1.4.15 - EMERGENCY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The superintendent shall comply with the rulemaking
				  procedures in Section
				  14-4-5.6 NMSA 1978, regarding the
				  promulgation of emergency rules.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the rules in this part govern
				  every adjudicatory proceeding conducted pursuant to a notice of hearing issued
				  by the superintendent of insurance on any matter delegated to the
				  superintendent under the Insurance Code, and to any request for hearing
				  submitted to the superintendent, unless a more specific statutory or regulatory
				  provision applies to the specific hearing type being conducted. The rules in
				  this part do not apply to (1) an informal hearing conducted pursuant to Section
				  59A-4-18 NMSA 1978 and its
				  implementing rules, (2) if the law governing a request for hearing requires the
				  superintendent to commence the hearing fewer than 91 days from the hearing
				  request, or (3) to any hearing governed by 13.10.17 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Attorney"
for purposes of this rule, "attorney" means only an
				individual who is licensed to practice law in New Mexico or who has requested
				temporary licensure under the New Mexico supreme court's
pro hac
				vice
rules.
B.
"Day
				or Days"
shall be interpreted as follows, unless otherwise specified:
(1)
"Business day"
means Monday
				through Friday, excluding any days that state offices are officially
				closed;
(2) one to five days means
				only business days; and
(3) six
				days or more means calendar days, including weekends and state
				holidays.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.8 - REVISION OF STANDING ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 facilities, on the OSI
				  website, and in any applicable information provided with a notice of hearing.
				  Parties appearing before the superintendent are expected to comply with
				  standing orders.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.9 - REQUESTING A HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written request required.
Any person seeking a hearing before the
				superintendent shall file a written request for a hearing using the form
				available on the OSI website or as otherwise directed by the superintendent.
				The request shall include all of the following:
(1) a brief summary identifying the nature of
				the dispute;
(2) the applicable
				statute, rule, bulletin or order in dispute in the matter;
(3) a statement of the jurisdictional basis
				for the superintendent to adjudicate the matter;
(4) the triggering action of the
				superintendent, such as an order, denial, suspension, revocation, penalty,
				fine, rule, or interpretative publication;
(5) the requestor's reason for challenging
				that action or inaction; and
(6)
				the mailing address of the requestor.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.10 - REPRESENTATION AT HEARING, FORMAL ENTRY OF APPEARANCE, SUBSTITUTION OF COUNSEL, AND WITHDRAWAL FROM REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Representation.
Unless otherwise expressly authorized by statute,
				only the person challenging the action or a bona fide majority owner if the
				party is a business entity, or that person's attorney may represent the person
				in a proceeding.
B.
Entry of
				appearance.
Any attorney wishing to represent a party shall file a
				formal written entry of appearance in the docket of the proceeding. The entry
				of appearance shall list the attorney's mailing address, phone and fax number
				(if any), and an email address (if any). Any attorney wishing to substitute in
				for a previous attorney shall file a substitution of counsel containing the
				same information required in the initial entry of appearance.
C.
Withdrawal.
An attorney who
				intends to withdraw from representation of a party must do so in accordance
				with the rules of professional conduct.
(1)
				Withdrawing counsel must file in the docket a written request to withdraw from
				representation that indicates when counsel notified the party of the
				withdrawal, and of the date and time of the scheduled hearing.
(2) The superintendent may deny a request to
				withdraw from representation only when withdrawal would have a clear,
				materially adverse effect on the represented party's interests and impede the
				conduct of a full, fair, and efficient hearing.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.11 - FILING OF PLEADINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Opening the docket.
A docket shall be opened in the OSI records
				management system immediately upon the superintendent's determination that the
				requestor shall be granted a hearing.
(1) The
				superintendent shall direct that the requestor's original request for hearing
				be filed to the docket.
(2) The
				superintendent shall establish the caption for the docket, which caption shall
				be used thereafter for any matters pertaining to the hearing. The caption shall
				establish the nature of the matter and shall include the docket
				number.
(3) Every written document
				that is submitted to the superintendent or exchanged between the parties for
				consideration, including pleadings such as motions, responses and objections,
				all evidentiary documents and any other filings shall include the caption and
				shall be filed to the docket.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.12 - PREHEARING CONFERENCES, STATUS CONFERENCES, AND STATUS CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose of
				prehearing conferences.
The hearing officer may direct representatives
				for all parties to meet together or with the hearing officer present for a
				prehearing conference to consider any or all of the following:
(1) simplify, clarify, narrow or resolve the
				pending issues;
(2) stipulations
				and admissions of fact and of the contents and authenticity of
				documents;
(3) expedition of
				discovery and presentation of evidence, including, but not limited to,
				restriction on the number of exhibits and expert, economic or technical
				witnesses;
(4) matters of which
				administrative notice shall be taken; and
(5) such other matters as may aid in the
				orderly and expeditious disposition of the proceeding, including disclosure of
				the names of witnesses and the identity of documents or other physical exhibits
				which will be introduced in evidence in the course of the proceeding.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.13 - HEARING LOCATION, TIME AND PLACE, NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Location.
(1) In the absence of any statutory
				requirements to the contrary, all hearings conducted by OSI shall occur in
				Santa Fe, unless the hearing officer orders the parties to appear at another
				location in New Mexico.
(2) The
				parties may express a mutual preference for location of the hearing in their
				request for hearing.
(3) In
				selecting a location other than Santa Fe, the hearing officer shall consider
				and give weight to the location and wishes of the parties, witnesses, access
				for a hearing officer with expertise in the matter, and the scheduling and
				staffing needs of OSI.
(4) If
				selection of a location other than Santa Fe would cause an unreasonable, undue
				burden to any party, that party may file a written objection to the selected
				location within 10 days of issuance of the notice of hearing, articulating the
				reasons supporting the objection. The hearing officer shall promptly review the
				objection and, upon a showing of an unreasonable, undue burden, may move the
				hearing to another more reasonable location and the superintendent may
				designate another hearing officer if necessary.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.15 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request
				of a party, a witness, or upon the hearing officer's own determination, a
				hearing may be continued for good cause. The hearing officer shall consider
				only written continuance requests made at least three working days prior to the
				scheduled hearing absent extraordinary, unforeseen circumstances that the
				requesting party or witness could not have known earlier. An order to grant or
				deny the request may be issued prior to the scheduled hearing or if there is
				insufficient time to issue an order prior to the scheduled hearing, the hearing
				officer may grant or deny the request on the record at the hearing. No
				continuance request shall be granted unless there is adequate time to provide
				notice to the parties, subpoena witnesses and conduct the rescheduled hearing
				before expiration of any statutory jurisdictional deadline.
B. Within the jurisdictional time limits set
				by statute, the superintendent or hearing officer may
sua
				sponte
continue any matter as necessary to address OSI staffing needs,
				to ensure efficient and adequate use of state resources, and to manage the
				hearing docket. To this end, the hearing officer may contact the parties to
				inquire about the status of a scheduled case.
C. No case shall be continued, even with a
				showing of good cause or an emergency circumstance, beyond any mandatory,
				applicable jurisdictional time limit on the case.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.16 - ATTIRE AT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
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 as to create a
				  distraction to the orderly conduct of the hearing will be
				  permitted.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.18 - WITNESSES, EXPERT WITNESSES, AND INVOCATION OF THE RULE

Current through Register Vol. 35, No. 13, July 16, 2024
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 hearing
				officer.
B.
Method of
				appearance.
Unless a more specific provision applies, witnesses are
				ordinarily expected to appear in the same manner or by the same method as the
				parties in a proceeding, absent express preapproval of the hearing officer
				allowing an appearance by a different method. For example, if the hearing is
				scheduled to be conducted in person in a specific place, the witnesses are also
				ordinarily expected to appear in person at that same place; however, if the
				matter is set to occur by telephone or videoconference, then the witnesses may
				ordinarily appear by telephone of videoconference.
C.
Hearing officer as a witness.
The current or previously assigned hearing officer in a matter shall not be
				called and shall not be a witness in the proceeding.
D.
Use of expert witnesses.
(1) If either party intends to call and treat
				a particular witness as an expert witness in the proceeding, the party must
				identify the purported expert to the other parties and to the hearing officer
				at least seven days before the scheduled hearing, or with sufficient time
				before completion of the discovery deadline specified in a scheduling order to
				allow for deposition.
(2) The party
				shall include the scope of that expert's purported testimony relative to the
				proceeding, the expert's credentials, and a listing of any materials the expert
				reviewed as part of reaching his or her expert opinion.
(3) The opposing party may file a response in
				opposition before the hearing or challenge the designation of the witness as an
				expert when the expert is called to testify.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.19 - HEARING OFFICER POWERS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General authority.
The
				superintendent may preside over OSI's hearings or may designate a hearing
				officer to preside instead.
B.
Duties of the hearing officer.
The hearing officer shall conduct
				fair and impartial hearings, take all necessary action to avoid delay in the
				proceedings and maintain order. The hearing officer shall have the powers
				necessary to carry out these duties, including the following:
(1) to administer or have administered oaths
				and affirmations;
(2) to cause
				depositions to be taken;
(3) to
				require the production or inspection of documents and other items;
(4) to require the answering of
				interrogatories and requests for admissions;
(5) to rule upon offers of proof and receive
				evidence;
(6) to regulate the
				course of the hearings and the conduct of the parties and their representatives
				therein;
(7) to issue a scheduling
				order, schedule a prehearing conference for simplification of the issues, or
				any other proper purpose;
(8) to
				schedule, continue and reschedule hearings;
(9) to consider and rule upon all procedural
				and other motions appropriate in proceeding, including qualification of expert
				witnesses and admission of exhibits;
(10) to require the filing of briefs on
				specific legal issues prior to or after the hearing;
(11) to cause a docket to be opened and a
				complete record of a hearing to be made;
(12) to make and issue decisions and
				procedural orders;
(13) to issue
				subpoenas in the name of the superintendent;
(14) if acting on behalf of the
				superintendent, to issue a recommendation to the superintendent regarding the
				final resolution of the matter; and
(15) to appropriately sanction, up to
				exclusion, indecorous, obstinate, recalcitrant, obstreperous, unethical,
				unprofessional or other improper conduct that interferes with the conduct of a
				fair and orderly hearing or the development of a complete record.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.21 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
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 be in the name
				  of the superintendent. The party requesting the subpoena shall prepare a
				  proposed subpoena, submit the proposed subpoena to each other party and to the
				  hearings officer for approval, and shall timely and reasonably serve the
				  subpoena on the person or entity subject to the subpoena. Unless good cause is
				  shown for a shorter period, a subpoena shall provide at least 10 days- notice
				  before compelled attendance at a hearing or deposition, and at least 10 days-
				  notice before compelled production of materials. All returns or certificates of
				  service on served subpoenas shall be filed in the docket of the proceeding,
				  copied to the opposing party, and be made part of the record of the
				  proceeding.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.22 - LANGUAGE INTERPRETERS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  interpretation at a hearing, any person serving as an interpreter in a matter
				  before the superintendent must be approved by the hearing officer and shall
				  affirm the interpreter's oath applicable in New Mexico courts. Upon reasonable
				  notice by the party, any interpreter required to be provided under the American
				  with Disabilities Act shall be provided for by the
				  superintendent.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.23 - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
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 the action that is the subject of the hearing
				notice. The matter shall go on the record for the limited purpose of addressing
				notice and non-appearance, and a final order shall be entered based on the
				waiver of the hearing by failing to appear.
B.
Evidence of notice.
In
				considering the non-appearance and whether the person received appropriate
				notice necessitating issuance of the order, the hearing officer may consider
				the contents of the docket, information conveyed to or known by OSI,
				information related to mailing, including mail tracking, returned receipt
				information, and notes written on returned envelopes of the United States
				postal service or other mail tracking services, and arguments offered by any
				present party, all of which may be addressed on the record of the hearing or in
				any subsequent order.
C.
Written order required.
Oral rulings based on a party's failure to
				appear are not final until reduced to writing. The hearing officer may issue a
				different written order as new information arises after the hearing regarding
				whether the notice of hearing was properly sent to the correct address or
				otherwise properly served.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.24 - RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 deadline may be denied
				automatically. A timely filed motion for reconsideration shall be decided based
				on the merits, whether or not a response is filed.
B.
Posture.
The prevailing party
				shall not file a motion for reconsideration. However, if a requested action is
				granted in part and denied in part, either party may file a motion for
				reconsideration.
C.
Basis for
				motion.
Motions for reconsideration shall not endeavor to present new
				evidence previously available, or discoverable through reasonable diligence, to
				the parties before the hearing. Motions for reconsideration shall not reargue
				the weight of evidence already ruled nor reiterate legal arguments already
				ruled upon. However, a motion for reconsideration may address gross factual or
				legal errors or omissions contained in the final decision and order.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.25 - APPEALS FOLLOWING HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Each order issued by the superintendent shall include
				  information about the appeal process for the type of case at issue. Once the
				  appeal is filed in the appropriate court, the appealing party shall provide a
				  court-endorsed copy of the appeal to the superintendent so that the OSI records
				  manager can prepare and submit the proper record.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.26 - REQUESTING COPIES OF EXHIBITS, AUDIO, OR THE ADMINISTRATIVE RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Any party may access and copy any writing filed to the
				  docket. Copies of an audio recording or written transcript of the proceeding
				  shall be arranged through the stenographic service. OSI may charge a reasonable
				  fee for copies made, consistent with its fee schedule under the Inspection of
				  Public Records Act. OSI may also require the requesting party to submit a
				  computer storage device, such as a compact disc, dvd disc, bluray disc, usb
				  drive, or other tangible device for copying of any audio or video recording
				  that is part of the administrative record.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules in this part govern every informal proceeding
				  conducted pursuant to a notice of hearing issued by the Superintendent of
				  Insurance pursuant to Section
				  59A-4-18 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  59A-2-9 and
				  59A-4-18 NMSA
				  1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.8 - REQUESTING A HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written request required.
Any person seeking an informal hearing
				before the superintendent shall file a written request using the form available
				on the OSI website or as otherwise directed by the superintendent. The request
				shall include the language
"Request for Informal Hearing"
and the
				following:
(1) all of the items listed in
				Paragraphs (1) through (6) of Subsection A of 13.1.5.9 NMAC; and
(2) one of the following:
(a) a written protest or request for hearing
				challenging that action or inaction; or
(b) a request for the superintendent to issue
				an order declaring the rights or obligations of the requestor under a specific
				statute, rule or bulletin within the jurisdiction of the superintendent, and
				concrete facts showing the requestor's interest in the declaration.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.9 - INFORMAL HEARING PROCESS AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
Any matter or question that is the subject of a notice of an
				  informal hearing shall be determined based solely on the exhibits and pleadings
				  submitted to the superintendent pursuant to these rules. The superintendent
				  shall have 45 days to determine the matter or question following the date set
				  for closing the record. The date set for closing the record shall not be more
				  than 45 days or less than 30 days after issuance of the notice of an informal
				  hearing.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.10 - REPRESENTATION AT HEARING, FORMAL ENTRY OF APPEARANCE, SUBSTITUTION OF COUNSEL, AND WITHDRAWAL FROM REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to legal representation at hearing are as
				  set forth in 13.1.5.10 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.11 - FILING OF PLEADINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to filing for pleadings are as set forth in
				  13.1.5.11 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.12 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to handling of continuances are as set forth
				  in 13.1.5.15 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.13 - BURDEN OF PROOF, PRESENTATION OF CASE, EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to burden of proof, conduct of the case and
				  use of evidence are as set forth in 13.1.5.17 NMAC, with the following
				  modifications:
A. A party may submit
				written arguments any time before the record closes, or as otherwise ordered by
				the hearing officer.
B. If OSI
				staff has not already entered an appearance, the hearing officer may request
				briefing from OSI staff, subject to the right of any party to object or respond
				to the submission.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.14 - HEARING OFFICER POWERS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General authority.
The
				superintendent may preside over OSI's hearings or may designate a hearing
				officer to preside instead.
B.
Duties of the hearing officer.
The hearing officer shall have the
				duty to conduct fair and impartial hearings, to take all necessary action to
				avoid delay in the proceedings and to maintain order. The hearing officer shall
				have the powers necessary to carry out these duties as set forth in Paragraphs
				(1) through (15) of Subsection B of 13.1.5.19 NMAC, to the extent applicable
				for informal hearings.
C.
Independence of the hearing officer.
In the performance of these
				functions, the hearing officer shall not be responsible to or subject to the
				direction of any other officer, employee or agent of OSI, except that a hearing
				officer appointed by the superintendent shall be subject to the direction of
				the superintendent.
D.
Ex-parte
communication.
The rules pertaining to
				ex-parte communication for an informal hearing are as set forth in 13.1.5.19
				NMAC.
E.
Final order.
After a thorough review of the record and any recommendation prepared by a
				designated hearing officer, the superintendent shall issue a final order. No
				party or member of OSI staff shall engage in any
ex parte
communication with the superintendent in an attempt to influence his final
				decision.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.15 - CLOSED OR PUBLIC HEARING, SEALED RECORDS, AND DELIBERATIVE NOTES OF HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
The rules pertaining to public access to hearings and related
				  records are as set forth in 13.1.5.20 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.16 - RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to requests of reconsideration are as set
				  forth in 13.1.5.24 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.17 - APPEALS FOLLOWING HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to appeals following hearing are as set
				  forth in 13.1.5.25 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 6 - INFORMAL ADMINISTRATIVE HEARINGS › Section 13.1.6.18 - REQUESTING COPIES OF EXHIBITS, AUDIO, OR THE ADMINISTRATIVE RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Rules pertaining to requests for copies of hearing-related
				  matters following hearing are as set forth in Section 13.1.5.26
				  NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all insurer's and affiliates subject to
				  the Chapter 59A, Article 37, NMSA 1978 ("the Insurance Holding Company
				  Law").
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the superintendent's
				  powers under Section
				  59A-2-9
				  NMSA 1978 and from the Insurance Holding Company Law, Chapter 59A, Article 37,
				  NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is cited at the end of a
				  section.
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 history notes appearing in brackets.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the contents of the
				  statements required to be filed with the superintendent pursuant to the
				  Insurance Holding Company Law.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms have the meaning given, unless the
				  context otherwise requires. Other terms used in this rule have the meanings
				  given in the Insurance Holding Company Law or in Chapter 59A, NMSA 1978 ("the
				  Insurance Code.").
A.
"Executive
				officer"
means chief executive officer, chief operating officer, chief
				financial officer, treasurer, secretary, controller and any other individual
				performing functions corresponding to those performed by such officers under
				whatever title.
B.
"Group-wide supervisor"
means the regulatory official authorized to
				engage in conducting and coordinating group-wide supervision activities who is
				determined or acknowledged by the superintendent under Section 13.2.2.23 NMAC
				to have sufficeient signaificant contacts with the internationally active
				insurance group.
C.
"Internationally active insurance group"
means an insurance
				holding company system that 1) includes an insurer registered under Section
				59A-37-11
				NMSA 1978; and 2) meets the following criteria:
(1) premiums written in at least three
				countries;
(2) the percentage of
				gross premiums written outside the United States is at least ten percent of the
				insurance holding company systems total gross written premiums; and
(3) based on a three-year rolling average,
				the total assests of the insurance holding company system are at least
				$50,000,000,000 or the total gross written premiums of the insurance holding
				company system are at least $10,000,000,000.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.8 - SUBSIDIARIES OF DOMESTIC INSURERS

Current through Register Vol. 35, No. 13, July 16, 2024
The authority to invest in subsidiaries under Subsection B of
				  Section
				  59A-37-3
				  NMSA 1978 is in addition to any authority to invest in subsidiaries which may
				  be contained in any other provision of the Insurance Code.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.9 - ADEQUACY OF SURPLUS

Current through Register Vol. 35, No. 13, July 16, 2024
In determining the adequacy and reasonableness of an
				  insurer's surplus, no single factor is necessarily controlling. The
				  superintendent will consider the net effect of all factors set forth in Section
				  59A-37-21
				  NMSA 1978 and other factors bearing on the financial condition of the insurer.
				  In comparing the surplus maintained by other insurer's, the superintendent will
				  consider the extent to which each of these factors varies from company to
				  company. In determining the quality and liquidity of investments in
				  subsidiaries, the superintendent will consider the individual subsidiary and
				  may discount or disallow its valuation to the extent that individual
				  investments so warrant.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 2 - INSURANCE HOLDING COMPANIES › Section 13.2.2.10 - GENERAL REQUIREMENTS FOR PREPARING STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
Forms A, B, C, D, E
				and F are intended to be guides in the preparation of the statements required
				by the Insurance Holding Company Law. They are not intended to be blank forms
				which are to be filled in. The statements filed shall contain the item numbers
				and captions of all items required, but the text of the items may be omitted,
				provided the answers thereto are prepared in such a manner as to indicate
				clearly the scope and coverage of the items. All instructions, whether
				appearing under the items of the form or elsewhere therein, are to be omitted.
				Unless expressly provided otherwise, if any item is inapplicable or the answer
				thereto is in the negative, an appropriate statement to that effect shall be
				made.
B.
Number of
				copies:
(1) The applicant shall file
				two complete copies of each form, including exhibits and all other papers and
				documents filed as a part of the statement.
(2) A copy of Form C, included at
				13.2.2.14 NMAC,
				shall be filed in each state in which an insurer is authorized to do business,
				if the insurance commissioner of that state has notified the insurer of its
				request in writing, in which case the insurer has 20 days from receipt of the
				notice to file such form.