This rule was filed as 13 NMAC 1.2.

TITLE 13 INSURANCE

CHAPTER 1 INSURANCE GENERAL PROVISIONS

PART 2 INSURANCE BULLETINS

13.1.2.1 ISSUING AGENCY: New Mexico State Corporation Commission [Public Regulation Commission,] Department of Insurance, Post Office Box 1269 Santa Fe, NM 87504-1269.

[7/1/97; Recompiled 11/30/01]

13.1.2.2 SCOPE: This rule applies to all insurers and insurance professionals in New Mexico.

[7/1/97; Recompiled 11/30/01]

13.1.2.3 STATUTORY AUTHORITY: Sections 59A-2-8, 59A-2-10 and 59A-4-3 NMSA 1978.

[7/1/97; Recompiled 11/30/01]

13.1.2.4 DURATION: Permanent.

[7/1/97; Recompiled 11/30/01]

13.1.2.5 EFFECTIVE DATE: July 1, 1997, unless a later date is cited at the end of a section or paragraph.

[7/1/97; Recompiled 11/30/01]

Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

13.1.2.6 OBJECTIVE: The purpose of this rule is to establish a procedure for the superintendent to request information pursuant to a provision of the insurance code or of a rule adopted by the department, to publish general notice of requirements under the law, and to issue orders generally applicable to large numbers of insurers.

[7/1/97; Recompiled 11/30/01]

13.1.2.7 DEFINITIONS: A “bulletin” is 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.

[7/1/97; Recompiled 11/30/01]

13.1.2.8 USE OF BULLETINS:

A. The superintendent may issue bulletins requiring any person or company subject to regulation by the department:

(1) to comply with requests from the superintendent to provide information useful in the lawful enforcement or administration of any provision of a rule adopted by the department or of the Insurance Code;

(2) to respond to an inquiry from the superintendent with respect to any transaction or matter within the scope of the superintendent’s supervision;

(3) to comply with an order requiring that certain actions be performed.

B. The superintendent may issue bulletins:

(1) indicating his understanding of the meaning of a statute or rule;

(2) indicating his understanding of the applicability of a statute or rule;

(3) providing an explanation of how a statute or rule is to be administered in practice;

(4) in response to inquiries from insurers, insurance professionals or the public clarifying ambiguous terms or requirements of existing law.

[7/1/97; Recompiled 11/30/01]

13.1.2.9 PROCEDURE FOR ISSUING BULLETINS: Bulletins shall be numbered, dated and signed by the superintendent. Bulletins shall be effective on the date issued, unless a different effective date is specified in the bulletin.

[7/1/97; Recompiled 11/30/01]

13.1.2.10 REVIEW PROCEDURE: Any person aggrieved by a bulletin may request a hearing before the superintendent in accordance with Section 59A-4-15 NMSA 1978.

[7/1/97; Recompiled 11/30/01]

History OF 13.1.2 NMAC:

Pre-NMAC History: The subject matter of this rule was originally filed with the State Records Center as:

ID 67-1, Sections 2-1-1 through 2-1-8, New Mexico Official Administrative Rules and Regulations Code, filed 12/1/67.

History of Repealed Material: [RESERVED]