A. A person aggrieved by an action or decision of the administrators of the FAIR plan or the underwriting association or of any insurer as a result of its participation may appeal to the superintendent within thirty days from the date of the action or the decision. The superintendent shall, after hearing held upon thirty days' written notice, issue an order approving the action or decision or disapproving the action or decision with respect to the matter that is the subject of appeal.
B. All final orders and decisions of the superintendent shall be subject to judicial review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1978 Comp., § 59A-29-6, enacted by Laws 1985, ch. 61, § 6; 1998, ch. 55, § 64; 1999, ch. 265, § 68.
Repeals. — Laws 1985, ch. 61, § 10 repealed former 59A-29-6 NMSA 1978, as enacted by Laws 1984, ch. 127, § 500, relating to changes in the plan or articles effective April 1, 1985. For present comparable provisions, see 59A-29-5 NMSA 1978.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment, effective September 1, 1998, added the Subsection designations; in Subsection A, deleted "therein" following "participation", deleted "of insurance" following "superintendent" twice; and in Subsection B, deleted "of insurance" following "superintendent", substituted "in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978" for "de novo"; and made minor stylistic changes throughout the section.
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