New Mexico Register / Volume XXXVI, Issue 13
/ July 15, 2025
TITLE 13 INSURANCE
CHAPTER 1 INSURANCE GENERAL PROVISIONS
PART 2 INSURANCE BULLETINS
13.1.2.1 ISSUING AGENCY: Office of Superintendent of Insurance.
[13.1.2.1 NMAC, Rp, 13.1.2.1 NMAC, 07/15/2025]
13.1.2.2 SCOPE: This rule applies to all insurers and insurance professionals in New Mexico.
[13.1.2.2 NMAC, Rp, 13.1.2.2 NMAC, 07/15/2025]
13.1.2.3 STATUTORY AUTHORITY: Sections
14-4-1 et seq., NMSA 1978, State Rules Act, Sections 59A-2-8, 59A-2-9, 59A-2-10
and 59A-4-3 NMSA 1978.
[13.1.2.3 NMAC, Rp, 13.1.2.3 NMAC, 07/15/2025]
13.1.2.4 DURATION:
Permanent.
[13.1.2.4 NMAC, Rp, 13.1.2.4 NMAC, 07/15/2025]
13.1.2.5 EFFECTIVE DATE: July 15, 2025,
unless a later date is cited at the end of a section.
[13.1.2.5 NMAC, Rp, 13.1.2.5 NMAC, 07/15/2025]
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.
[13.1.2.6 NMAC, Rp, 13.1.2.6 NMAC, 07/15/2025]
13.1.2.7 DEFINITIONS: In addition to
all definitions in Chapter 59A, Article 1 NMSA 1978, the following terms have
the following meanings:
A. “Bulletin” means 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.
B. “Office” means the office of
superintendent of insurance.
C. “Superintendent” has the same
meaning as defined in Section 59A-1-12 NMSA 1978.
[13.1.2.7 NMAC, Rp, 13.1.2.7 NMAC, 07/15/2025]
13.1.2.8 USE OF BULLETINS:
A. The superintendent may issue
bulletins requiring any insurer, person, producer, adjuster, bailbondsmen, or
company subject to regulation by the office:
(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 office 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
the superintendent’s understanding of the meaning of a statute or rule;
(2) indicating the superintendent’s
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.
[13.1.2.8 NMAC, Rp, 13.1.2.8 NMAC, 07/15/2025]
13.1.2.9 PROCEDURE FOR ISSUING BULLETINS:
A. Each bulletin shall be numbered, dated and signed by the superintendent.
B. Each bulletin shall be effective on the date issued, unless a different effective date is specified in the bulletin.
C. Any bulletin with an expiration date will expire on the date indicated in the bulletin.
D. A subsequently issued bulletin may revoke, amend, or supersede a bulletin but subsequently issued bulletin must indentify the specific bulletin by number and date that it is revoking, amending, or superseding.
[13.1.2.9 NMAC, Rp, 13.1.2.9 NMAC, 07/15/2025]
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 12/1/1967.
History of Repealed Material: [RESERVED]
13.1.2 NMAC – Insurance Bulletins, filed 7/1/1997 was repealed, 7/15/2025.
Other
History:
13.1.2 NMAC – Insurance Bulletins, filed 7/1/1997 was repealed and replaced by 13.1.2 NMAC – Insurance Bulletins, effective 7/15/2025.