A. The superintendent may hold a hearing, without request by others, for any purpose within the scope of the Insurance Code.

B. The superintendent shall hold a hearing:

(1) if required by any other provision of the Insurance Code; or

(2) upon written request for a hearing by a person aggrieved by any act, threatened act or failure of the superintendent to act or by any report, rule or order of the superintendent, other than an order for the holding of a hearing or order on hearing or pursuant to such an order on a hearing of which the person had notice.

C. The request for a hearing shall briefly state the respects in which the applicant is so aggrieved, the relief to be sought and the grounds to be relied upon as basis for relief. The request shall be received by the superintendent no later than thirty days from the date of the act, threatened act or failure of the superintendent to act or the date of the superintendent's report, rule or order.

D. If the superintendent finds that the request is made in good faith, that the applicant would be so aggrieved if the stated grounds are established and that such grounds otherwise justify the hearing, the superintendent shall commence the hearing within thirty days after filing of the request, unless postponed by mutual consent. No postponement shall be later than ninety days after the filing of the request.

E. Pending the hearing and decision, the superintendent may suspend or postpone the effective date of the action as to which the hearing is requested. If upon request the superintendent refuses to grant the suspension or postponement, the person requesting the hearing may apply no later than twenty days from the superintendent's refusal to the district court of Santa Fe county for a stay of the superintendent's action or proposed action pending the hearing and the superintendent's order.

F. Except as otherwise expressly provided, this section does not apply to hearings relative to matters arising under Chapter 59A, Article 17 NMSA 1978.

G. The superintendent may appoint a hearing officer to preside over hearings on reconsideration of rate filings. The hearing officer shall provide the superintendent with a recommended decision on the matter assigned to the hearing officer, including findings of fact and conclusions of law.

History: Laws 1984, ch. 127, § 59; 1991, ch. 125, § 7; 2011, ch. 127, § 3; 2011, ch. 144, § 1.

2011 Multiple Amendments. — Laws 2011, ch. 127, § 3 and Laws 2011, ch. 144, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2011, ch. 144, § 1, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2011, ch. 127, § 3 and Laws 2011, ch. 144, § 1 are described below. To view the session laws in their entirety, see the 2011 session laws on NMOneSource.com.

Laws 2011, ch. 144, § 1, effective January 1, 2012, in Subsection D, established a deadline of thirty days after the superintendent acts or the date of the report, rule or order within which to request a hearing and limited a postponement of the hearing to not more than ninety days from the date the request is filed; in Subsection E, limited the time to appeal to the district court to twenty days after the superintendent's refusal to grant a suspension or postponement; and added Subsection G to permit the superintendent to appoint a hearing officer for hearings on reconsideration of rate filings.

Laws 2011, ch. 127, § 3, effective July 1, 2011, in Subsection D, established a deadline of thirty days after the superintendent acts or the date of the report, rule or order within which to request a hearing.

The 1991 amendment, effective April 3, 1991, in Subsection D, substituted "commence the hearing" for "hold the hearing" and substituted "ninety days" for "thirty (30) days" and, in Subsection F, substituted "Chapter 59A, Article 17 NMSA 1978" for "Article 17 (insurance rates and rating) of the Insurance Code".