The New Mexico Office of Superintendent of Insurance (OSI) published a final order that repeals, replaces, and amends several sections of the New Mexico Insurance Code. Sections 13.1.1 NMAC, Administrative Provisions, and 13.1.2 NMAC, Insurance Bulletins, have been repealed and replaced, and Sections 13.1.4.13 and 13.21.3.13 have been amended.
Statute 13.1.1 NMAC, Administrative Provisions, sets forth provisions that apply to all rules adopted by the superintendent of insurance. It includes the definitions of “Office”, “OSI”, and “Superintendent.” The statute clarifies that words used in the singular include the plural and words used in the plural include the singular. Words used in the neutral gender include the masculine and the feminine. The use of “may” is permissive, while “shall” and “must” are mandatory.
Lastly, the statute states that the office has prescribed forms to carry out certain requirements. Prescribed forms must be used when a form exists, unless a rule states otherwise or the superintendent waives the requirement.
Statute 13.1.2.1 NMAC, Insurance Bulletins, establishes a procedure for the superintendent to publish bulletins and to issue orders applicable to a large number of insurers. “Bulletin” is defined as a statement, inquiry, or order of broad or general interest or application that does not in itself create new law but which may require certain actions to be performed under existing law.
The superintendent may issue bulletins requiring an insurer, person, producer, adjuster, or company to comply with requests from the superintendent, respond to an inquiry, or comply with an order. Bulletins can be issued to show the superintendent’s understanding of the meaning or applicability of a statute or rule, provide an explanation of how a statute is to be administered, or in response to inquiries from insurers, insurance professionals, or the public to clarify ambiguous terms or requirements of the insurance code.
Section 13 of Statutes 13.1.4.13 and 13.21.3.13, titled Rulemaking Record and Adoption of Rule, are identical and both amended in the same way. These statutes lay out procedural rules for public rule hearings. Section 13 states that the superintendent must maintain a record of the rulemaking process, and any written comment, document, or exhibit must be labeled clearly.
The superintendent can adopt, amend, or reject a proposed rule. The date of adoption of a proposed rule will be the date the final order is signed, unless otherwise stated. The final order must include a citation to a specific statute authorizing the rule, reasons for adoption of the rule, reasons for any change between the proposed and the final rule, and reasons for not accepting substantive arguments made through public comment.
The effective date is July 15, 2025.