Section 59A-4-16 – Notice of hearing.
A. Except where a different period is expressly provided, the superintendent shall give written notice of the hearing not less than twenty days in advance. The notice shall state the date, time and place of the hearing and specify the matters to be considered thereat. B. If any person is entitled to a hearing by […]
Section 59A-4-17 – Hearing procedure.
Administration hearings shall be held in accordance with the applicable provisions of Sections 12-8-10 through 12-8-13 and Section 12-8-15 NMSA 1978. History: Laws 1984, ch. 127, § 61.
Section 59A-4-18 – Informal hearings.
Informal hearings shall be held in accordance with the rules and regulations for such hearings promulgated by the superintendent in accordance with Section 27 [59A-2-9 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 62.
Section 59A-4-19 – Testimony compelled; immunity.
A. If any individual refuses to attend or testify or to produce any books, papers, records, contracts, correspondence or other documents in connection with any examination, hearing or investigation on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture, and is nonetheless, […]
Section 59A-4-20 – Appeal to court.
A. Except in matters arising from Sections 6 [59A-18-13.3 NMSA 1978] and 7 [repealed] of this 2011 act, a party may appeal from an order of the superintendent made after an informal hearing or an administrative hearing.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. […]
Section 59A-4-21 – Immunity from civil liability.
A. No cause of action shall arise nor shall any liability be imposed against the superintendent, the superintendent’s authorized representatives or any examiner appointed by the superintendent for any statements made or conduct performed in good faith while carrying out the provisions of Chapter 59A, Article 4 NMSA 1978. B. No cause of action shall […]
Section 59A-4-10 – Examination report; conference; adoption orders; investigatory hearings.
A. Upon completion of the examination and receipt of the examination report, the superintendent shall transmit the report to the person examined and shall allow the person a reasonable period, but not to exceed twenty days, within which to review the report and to file with the superintendent in writing requested corrections or modifications, with […]
Section 59A-4-11 – Examination report; filing for public inspection; confidentiality.
A. When the superintendent has adopted a report of examination he shall so notify the examinee in writing and file the report for public inspection in the insurance department. If deemed advisable the superintendent may, after adoption of the report, cause the results of the examination to be published in one or more newspapers of […]
Section 59A-4-12 – Examination report; information to management of domestic entities.
If the examination is of a domestic insurer or other person domiciled in New Mexico, when the examination report has been filed for public inspection, the chief executive officer of the insurer or person shall cause to be delivered to each member of the examinee’s board of directors, or other similar governing body, a copy […]
Section 59A-4-13 – Examination report as evidence; proceedings during examination.
A. In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the superintendent shall be admissible as evidence of the facts stated therein, and shall constitute prima facie evidence of such facts. B. Nothing contained in the Insurance Code shall prevent or be construed as […]