New Mexico Register / Volume XXXVII,
Issue 3 / February 10, 2026
NOTICE OF
PROPOSED RULEMAKING
The OSI eDocket Number
for this rulemaking is: 2026-0025
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 via telephone conference regarding a repeal and replace of 13.19.2 NMAC, Writing Surplus Line Business. The hearing in this rulemaking will commence on Tuesday, March 17, 2026, at 10:00 a.m., MDT.
PURPOSE OF THE
PROPOSED RULE:
The purpose of this rulemaking is to: 1) update the issuing agency; 2)
update the text of the rule to reflect statutory amendments that transferred
the payment of surplus line broker premium taxes to the New Mexico Taxation and
Revenue Department; and 3) amend and update the process for submittal of
applications for surplus line insurers.
STATUTORY
AUTHORITY: Sections 14-4-1 et
seq., NMSA 1978, State Rules Act, and Section
59A-2-9 NMSA 1978, Subsection F of Section 59A-14-4 NMSA 1978, and Subsection I
of Section 59A-6-1 NMSA 1978.
TO ATTEND THE HEARING BY
ELECTRONIC VIDEO CONFERENCE VIA MS TEAMS MEETING:
Meeting ID: 265 041 791 318 76
- Passcode: 2PH6Ai6X
Please copy and paste
the link below into your browser to get to the video conference meeting:
https://teams.microsoft.com/meet/26504179131876?p=W0LWmSsKp7iGhctVLR
TO ATTEND THE HEARING DIAL BY PHONE:
+1 505-312-4308,,801748356# -
Phone Conference ID: 801 748 356#
PUBLIC COMMENT AND HEARING: The Superintendent designates Victoria Baca, 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 Vanessa DeJesus at: vanessa.dejesus@osi.nm.gov or by phone at: 855-427-5674, 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: 2026-0025), 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”)
DEADLINE TO SUBMIT
WRITTEN COMMENTS: Written comments will be accepted through 4:00 p.m.
on Thursday, March 12, 2026. Responses to written comments or to oral comments
delivered at the hearing will be accepted through 4:00 p.m. on Wednesday, March
18, 2026. All written comments shall
be filed electronically through the OSI eDocket.
FILING WRITTEN COMMENTS: To file
written comments on the OSI eDocket please send written comments to the
following email address: osi-docketfiling@state.nm.us
Please send written comments by at least 3:30p.m. to
ensure that written comments will be filed by the 4:00p.m. deadline.
To access filings on 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: 2026-0025.
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 submitted during the hearing 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: 2026-0025
IN THE MATTER OF
REPEAL AND REPLACE OF 13.19.2 NMAC, WRITING SURPLUS LINE BUSINESS
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.