New
Mexico Register / Volume XXXV, Issue 6 / March 26, 2024
NOTICE OF
PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Office of
Superintendent of Insurance (OSI or Superintendent) will hold a public hearing in
person, via video conference, and telephone conference regarding 13.14.5.10
NMAC – STANDARD EXCEPTIONS IN SCHEDULE B; 13.14.5.12 NMAC – STANDARD
EXCEPTIONS; 13.14.7.8 – LOAN POLICIES; 13.14.17.12, FORM 3 – TRANSACTION
REPORT; 13.14.18.8 NMAC – PROMULGATED FORMS; AND 13.14.18.9 NMAC – ALTERATION
OF FORMS PROHIBITED; EXCEPTIONS; AND LETTERS OF INTERPRETATION OR WAIVER THAT
CHANGE THE TERMS, PROHIBITED, to meet the obligation of the State Rule Act,
Subsection E of Section 14-4-5.6 to finalize emergency rules amendments
effective on January 24, 2024, within 180 days of the effective date. This hearing will commence on Tuesday,
April 30, 2024, at 10:00 a.m.
PURPOSE OF THE PROPOSED
RULE: The purpose of emergency
rules 13.14.5.10, 13.14.5.12, 13.14.7.8, 13.14.17.12, 13.14.18.8 and 13.14.18.9
NMAC was to make immediate amendments and clarifications to the New Mexico
title insurance rules, forms, and endorsements in accordance with the New Mexico
Title Insurance Law, Chapter 59A, Article 30, NMSA 1978. “No title insurer or title insurance agent
shall use any form of the title insurance policy other than the uniform forms
promulgated by the Superintendent under the New Mexico Title Insurance
Law.” Section 59A-30-5 NMSA 1978
(1985). This rulemaking will make
permanent the emergency rules effective on January 24, 2024, and will make
corrections to the text of 13.14.5.10(A)(3) NMAC to remove language not
properly deleted in the emergency rule draft.
STATUTORY
AUTHORITY: Sections 59A-2-9 and 59A-30-5
NMSA 1978.
TO ATTEND THE HEARING BY
ELECTRONIC VIDEO CONFERENCE VIA MS TEAMS MEETING:
Click here to join the meeting - Meeting ID: 219 828 484 263 Passcode: SGxZW3
TO ATTEND VIA TELEPHONE: +1 505-312-4308 Phone Conference ID: 605 454 708#
PUBLIC COMMENT: The Superintendent designates Richard L. Blumenfeld as the hearing officer for this rulemaking. Oral comments will be accepted at the public hearing from members of the public and other interested parties in-person or electronically. Copies of the Notice of Proposed Rulemaking and proposed rules are available by electronic download from the OSI eDocket or by requesting a copy by calling Mickey VanCuren at (505) 827-4536. Any copies of the Notice of Proposed Rulemaking, proposed rules, and any updates concerning the hearing date, time, or location will be available by visiting the OSI website at: https://www.osi.state.nm.us/pages/bureaus/legal/resources/laws-rules or on the Sunshine Portal at: https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic (Select “Office of Superintendent of Insurance” from the “Agency” drop down menu.)
Written comments will be
accepted through 4:00 p.m. on Tuesday, April 30, 2024. Responses to written
comments or oral comments will be accepted through 4:00 p.m. on Tuesday, May 7,
2024.
All comments shall be filed electronically through the OSI eDocket or sent via U.
S. mail to:
OSI Records and Docketing
NM Office of Superintendent of Insurance
P.O. Box 1689, Santa Fe, NM 87504-1689
Written comments must be
received by OSI and stamped as accepted between the hours of 8:00 a.m. and 4:00
p.m. Monday through Friday except on state holidays. The Superintendent will
consider all oral comments and will review and consider all timely submitted
written comments and written responses. For help submitting a filing, please
contact osi-docketfiling@state.nm.us. The docket number below must be indicated on all
written comments submitted to the OSI:
Docket No. 2024-0006
IN THE MATTER OF
EMERGENCY RULES EFFECTIVE ON JANUARY 24, 2024 IN TITLE
13, CHAPTER 14, PARTS 5, 7, 17, and 18 NMAC OF THE TITLE INSURANCE RULES
SPECIAL NEEDS: Any person with a disability requiring special assistance to participate in the hearing should contact Andrea Padilla at (505) 531-7171 no later than ten (10) business days prior to the hearing.