New Mexico Register / Volume XXXVI,
Issue 21 / November 4, 2025
NOTICE OF
EXTENSION OF COMMENT PERIOD AND CHANGE IN HEARING DATE
The OSI eDocket Number
for this rulemaking is: 2025-0118.
NOTICE IS HEREBY GIVEN that the Office of Superintendent of Insurance (OSI or Superintendent) scheduled a public comment period and a public hearing in person, via video conference, and via telephone conference regarding a repeal and replace of 13.1.3 NMAC, Privacy of Nonpublic Personal Information. The hearing in this rulemaking is being rescheduled to commence on Tuesday, December 9, 2025, at 10:00 a.m., MDT. The prior hearing date was Tuesday, October 28, 2025. The comment period is being expanded to cure a failure to post the Notice of Proposed Rulemaking on the Sunshine Portal pursuant to 14-4-2(E) and 14-4-5.2(A) NMSA 1978.
PURPOSE OF THE
PROPOSED RULE HAS NOT CHANGED: Section 59A-2-9.3 NMSA 1978 authorizes
the Superintendent to “promulgate rules to reasonably protect the privacy of
insurance consumers’ nonpublic personal information, including personal health
and financial information.” The purpose of this rulemaking is to: 1)
update the issuing agency promulgating the rule; 2) update the scope and
text of the rule to consider and reflect current technology used for
communication and data gathering and storage by covered entities, insurers,
affiliates, and associated third-parties; 3) amend and update the
definitions section of the rule; and 4) add a new section related to
requirement for covered entity insurers and reporting to the Superintendent
when a cyber security event or incident occurs.
STATUTORY
AUTHORITY: Sections 14-4-1 et
seq., NMSA 1978, State Rules Act, and Sections 59A-2-8,
59A-2-9, and 59A-2-9.3 NMSA 1978.
TO ATTEND THE HEARING BY
ELECTRONIC VIDEO CONFERENCE VIA MS TEAMS MEETING:
Please copy the link
below into your browser to get to the video conference meeting
https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTE0NGQ5MmItYWVlZS00MmRlLWE2MWYtYzY4YjgyMTA1MWY0%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22b76166d2-adf5-4b1b-b66b-732b2019af27%22%7d
Meeting ID: 215 401 552 168 3
- Passcode: uj6hu9m2
TO
ATTEND VIA TELEPHONE: +1 505-312-4308,,537863522# - Phone
conference ID: 537 863 522#
PUBLIC COMMENT: The Superintendent designates David Black, as the hearing officer for this hearing. Oral comments will be accepted at the public hearing from members of the public and other interested parties in-person or via electronic video conference. Copies of the Notice of Proposed Rulemaking and proposed rule are available by electronic download from the OSI eDocket: https://edocket.osi.state.nm.us/home, you must login or register to get access if you are not already registered. You may also request copies if the Notice of Proposed Rulemaking and proposed rule by emailing Gloria Regensberg at: gloria.regensberg@osi.nm.gov or by phone at: 505-500-9079, email communication is preferred. To view all filings in OSI’s rulemaking information, please visit the OSI website at: https://www.osi.state.nm.us/en/legal-information/rulemaking/, the OSI rulemaking record is filed on the eDocket (please follow the instructions on the web page for using the eDocket, there is no charge for using the eDocket, to find this rulemaking use the following eDocket Number: 2025-0118), or on the Sunshine Portal at: https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic (from the “Agency” drop down menu, select “Office of Superintendent of Insurance”)
Written comments will be
accepted through 4:00 p.m. on Thursday, December 4, 2025. Responses to written
comments or to oral comments delivered at the hearing will be accepted through
4:00 p.m. on Wednesday, December 5, 2025. All comments shall be filed electronically
through the OSI eDocket. Please copy the following link into your
browser to get to the eDocket:
https://edocket.osi.state.nm.us/home, you must
login or register to get access. To
find this rulemaking use the following Docket Number: 2025-0118.
Written comments may be 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
send an email to: osi-docketfiling@state.nm.us. The docket number and title below must be indicated on
all written comments submitted to the OSI:
Docket Number: 2025-0118
IN THE MATTER OF
REPEAL AND REPLACE OF 13.1.3 NMAC
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.