A. Except in matters arising from Sections 6 [59A-18-13.3 NMSA 1978] and 7 [repealed] of this 2011 act, a party may appeal from an order of the superintendent made after an informal hearing or an administrative hearing. The appeal shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. This section shall not apply as to matters arising pursuant to Chapter 59A, Article 17 NMSA 1978.
History: Laws 1984, ch. 127, § 67; 1987, ch. 259, § 3; 1998, ch. 55, § 61; 1999, ch. 265, § 65; 2011, ch. 144, § 13.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 7 (Laws 2011, ch. 144, § 7), referred to in the first sentence, was compiled as 59A-18-13.4 NMSA 1978. Laws 2013, ch. 74, § 40 repealed 59A-18-3.4 NMSA 1978, effective March 29, 2013.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2011 amendment, effective January 1, 2012, excepted matters arising from orders of the superintendent on health insurance rates under Section 6 [59A-18-13.3 NMSA 1978] of this act and decisions of the public regulation commission on health insurance rates under Section 7 [59A-18-13.4 NMSA 1978] of this act from appeals to the district court.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A.
The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Direct appeal of superintendent's order not authorized. — While this section allows a licensee to appeal to the district court after a hearing by either the corporation commission (now public regulation commission) or the insurance board, a direct appeal to the court is not authorized from an order of the superintendent. Madrid v. Dep't of Ins., 1985-NMSC-027, 102 N.M. 442, 697 P.2d 125.
Appeal of rate determination. — An appeal of a rate determination by the insurance board should not proceed under this section, but under 59A-17-35 NMSA 1978, "in the same manner as provided for taking appeals in other civil actions." Nat'l Council on Comp. Ins. v. N.M. SCC, 1986-NMSC-005, 103 N.M. 707, 712 P.2d 1369.
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