reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.12 - 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 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.13 - 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
				strikethrough 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 or 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 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.14 - 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 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.15 - 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the rules in this part govern
				  every adjudicatory proceeding, except any surcharge rate proceeding conducted
				  pursuant to a notice of hearing issued by the superintendent on any matter
				  delegated to the superintendent under the Medical Malpractice Act (MMA) or the
				  rules adopted in Chapter 21 of Title 13 of the New Mexico Administrative 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.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide procedures to govern
				  administrative hearings held before the superintendent in his capacity
				  administering the MMA.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  41-5-3
				  NMSA 1978, in Section
				  14-4-2
				  NMSA 1978, in
				  1.24.1.7 NMAC, and in
				  13.21.1.7
				  NMAC. In addition:
A.
"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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.8 - 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.9 - 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 to the OSI's electronic docket 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.10 - 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 must file a formal
				written entry of appearance in the docket of the proceeding. The entry of
				appearance must 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 must 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.11 - ELECTRONIC DOCKET AND FILING OF PLEADINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Electronic docket.
Individuals or their counsel may access OSI's free electronic docket to view
				cases and filed pleadings. Registration of a free user account is required to
				file pleadings into a docket or to request a hearing. Every written document
				that is submitted to a hearing officer or exchanged between 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 electronic docket.
B.
Opening the docket.
A docket
				shall be opened by the superintendent at the superintendent's discretion or by
				request for hearing filed in the OSI's electronic docket.
C.
Public access.
Unless
				otherwise determined by the superintendent upon consideration of a request by a
				party for confidentiality, all dockets shall be open for public
				inspection.
D.
Filing
				restrictions and service.
(1) The OSI
				docket administrator will review all filings for compliance with these rules.
				Non compliance with filings will be returned to submitter for
				correction.
(2) The OSI's
				electronic docket does allow for electron service. All parties of record shall
				be listed on the initial request for hearing and shall be selected for service
				with each additional filing.
(3) All
				filings shall include a certificate of service that documents the method of
				service used. A represented party shall only be served through
				counsel.
(4) In-person filing shall
				be accepted on business days between 8:00 am. and 4:00 pm. In-person pleadings
				will be marked as filed on the business day that the OSI receives the
				pleading.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.12 - 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 in the
				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 will 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.13 - 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 the superintendent
				shall occur in Santa Fe, at the office of superintendent of insurance, 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 the OSI,
(4) If selecting
				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 will 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.15 - 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 may 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.16 - 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 so flamboyant,
				  disheveled, inflammatory, obscene, offensive or revealing as to create a
				  distraction to the orderly conduct of the hearing will be
				  permitted.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.18 - 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 during the course of the hearing.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.19 - HEARING OFFICER POWERS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General authority.
The
				superintendent may preside over OSI, 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.21 - 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
				  hearing 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 shall be made part of the record
				  of the proceeding.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.22 - 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 must
				  affirm the interpreter's oath applicable in New Mexico courts. Upon reasonable
				  notice by the party, any interpreter required to be provided under the
				  Americans with Disabilities Act shall be provided for by the
				  superintendent.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.23 - 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 superintendent's 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 the
				superintendent, 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.24 - 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 should 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 upon and shall not 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.25 - APPEALS FOLLOWING HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Any party who has exhausted all administrative remedies
				  available under these rules and who is adversely affected by a final order or
				  decision in an adjudicatory proceeding may appeal pursuant to the provisions of
				  Section
				  39-3-1.1
				  NMSA 1978. Each order issued by the superintendent after an adjudicatory
				  proceeding 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 promptly 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 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.26 - 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 written document filed to
				  the docket. Copies of an audio recording or written transcript of the
				  proceeding shall be arranged through the stenographic service. The OSI may
				  charge a reasonable fee for copies made, consistent with OSI's fee schedule
				  under the Inspection of Public Records Act. The superintendent may also require
				  the requesting party to submit a computer storage device, such as a compact
				  disc, dvd disc, blu-ray disc, or 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 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the rules in this part govern
				  every surcharge rate proceeding conducted pursuant to Paragraph D and Paragraph
				  F of Section
				  41-5-25
				  NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide procedures to govern
				  surcharge rate hearings required by the Medical Malpractice
				  Act.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  41-5-3
				  NMSA 1978, in Section
				  14-4-2
				  NMSA 1978, in Chapter 59A, Article 1 NMSA 1978, in
				  1.24.1.7 NMAC, in
				  13.21.1.7
				  NMAC, and in 3.21.4.7 NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.8 - 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 surcharge rate hearings. Such standing orders will be available for public
				  inspection at OSI office facilities, on the
Patient's Compensation
				  Fund
website, and in any applicable information provided with a notice
				  of hearing. Parties appearing at surcharge rate hearings are expected to comply
				  with standing orders.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.9 - ADVISORY BOARD AS HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General authority.
The advisory board is the hearing officer for
				surcharge rate hearings. The advisory board may conduct any hearing
en
				banc
, may designate any number of members less than its whole to
				conduct any hearing, or may designate a single member to conduct any
				hearing.
B.
Duties of the
				advisory board.
The advisory board shall conduct fair and impartial
				hearings, take all necessary action to avoid delay in the proceedings and
				maintain order. The advisory board 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 the 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 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) 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 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.10 - INITIATION OF THE SURCHARGE RATE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Selection of actuary.
No
				later than March 1 of each year, the advisory board shall meet with the
				superintendent to consult on the selection of an independent actuary to perform
				the independent actuarial study of the fund. The actuarial study is to be
				completed by August 1 of the year in which the actuary is selected.
B.
Opening the docket.
No later
				than March 15 of each year, the superintendent shall open a docket in OSI's
				electronic docket system for that year's surcharge rate hearing. A docket
				number shall be assigned and referenced in all subsequent communications and
				filings concerning the surcharge rate hearing.
(1) The superintendent shall file an initial
				order setting the surcharge rate hearing between September 15 and September 30
				of each year.
(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
				state the nature of the matter and shall include the docket number.
(3) Every written document that is submitted
				to the superintendent or advisory board 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 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.11 - 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 a person made a party or a bona fide majority owner if the party is a
				business entity, or that person's attorney may represent the person in the
				surcharge rate proceeding.
B.
Entry of appearance.
Any attorney wishing to represent a party
				must file a formal written entry of appearance in the docket of the proceeding.
				The entry of appearance must 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 must 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 advisory board 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 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.12 - ELECTRONIC DOCKET AND FILING OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Electronic docket.
Individuals or their counsel may access OSI's free electronic docket to view
				cases and filed pleadings. Registration of a free user account is required to
				file pleadings into a docket. Every written document that is submitted to a
				hearing officer or exchanged between 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
				electronic docket
B.
Public
				access.
Unless the document contains information protected under
				Paragraph D of Section
				41-5-25
				NMSA 1978, all documents filed in the docket for the surcharge rate proceeding
				shall be open for public inspection. Any protected information will be filed
				under seal or redacted in publicly available documents, in a manner ensuring
				the greatest possible public access to non-confidential information.
C.
Filing restrictions and
				service.
(1) The OSI docket
				administrator will review all filings for compliance with these rules.
				Non-compliance with filings will be returned to submitter for
				correction.
(2) The OSI's
				electronic docket does allow for electron service. All parties of record shall
				be listed on the initial request for hearing and shall be selected for service
				with each additional filing.
(3)
				All filings shall include a certificate of service that documents the method of
				service used. A represented party shall only be served through
				counsel.
(4) In-person filing shall
				be accepted on business days between 8:00 am and 4:00 pm. In-person pleadings
				will be marked as filed on the business day that the OSI receives the
				pleading.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.13 - PREHEARING CONFERENCES, STATUS CONFERENCES, AND STATUS CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose of
				prehearing conferences.
The advisory board may direct representatives
				for all parties to meet together or with the advisory board 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 in the
				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 will 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 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.14 - 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 the advisory board
				shall occur in Santa Fe, at the office of superintendent of insurance, unless
				the advisory board orders the parties to appear at another location in New
				Mexico.
(2) The parties may express
				a mutual preference for location of any hearing.
(3) In selecting a location other than Santa
				Fe, the advisory board shall consider and give weight to the location and
				wishes of the parties, witnesses, and access for members of the advisory
				board.
(4) If selecting 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 advisory board will promptly review the objection and, upon a
				showing of an unreasonable, undue burden, may move the hearing to another more
				reasonable location.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.16 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request
				of a party, a witness, or upon the advisory board's own determination, a
				hearing may be continued for good cause. The advisory board 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
				advisory board may grant or deny the request on the record at the hearing. No
				continuance request may 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 deadline.
B. Within the time limits set by statute, the
				superintendent or advisory board may
sua sponte
continue any
				matter as necessary to address OSI or TPA staffing needs, to ensure efficient
				and adequate use of state resources, and to manage the hearing docket. To this
				end, the advisory board 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 time limit on the case.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.17 - 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 so flamboyant,
				  disheveled, inflammatory, obscene, offensive or revealing as to create a
				  distraction to the orderly conduct of the hearing will be
				  permitted.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.19 - 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 advisory board.
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 advisory board 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.
Advisory
				board as a witness.
The current or previously assigned advisory board 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
				advisory board 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 during the course of the hearing.