A. Any person aggrieved by any action, threatened action or failure to act of the superintendent or otherwise under Chapter 59A, Article 17 NMSA 1978 shall have the same right to a hearing before the superintendent with respect thereto as provided for in general under Section 59A-4-15 NMSA 1978. Notice of hearing shall be given, the hearing conducted, rights and powers exercised and the superintendent's order on hearing made and given as provided as to hearings in general under the applicable provisions of Chapter 59A, Article 4 NMSA 1978.
B. Any person aggrieved by the superintendent's order issued pursuant to this section or by the superintendent's refusal to hold the hearing may appeal the order or refusal to the court of appeals.
History: Laws 1984, ch. 127, § 329; 1990, ch. 110, § 1; 1999, ch. 289, § 25; 2011, ch. 127, § 13; 2013, ch. 74, § 20.
ANNOTATIONSCross references. — For rules governing pleading, practice and procedure in civil actions, see New Mexico Rules of Civil Procedure.
For appeals, see Rules of Appellate Procedure for Civil Cases Rule 12-102 NMRA.
The 2013 amendment, effective March 29, 2013, provided for review of the superintendent of insurance's actions; in the title, deleted "Hearing and review as to superintendent's actions" and added "Hearings"; in Subsection B, after "the hearing may", deleted "request a review by the public regulation commission in the manner set for the by rule of the commission. The request for review shall be filed no later than thirty days after the issuance of the order of the superintendent or the superintendent's refusal to hold a hearing" and added "appeal the order or refusal to the court of appeals".
The 2011 amendment, effective July 1, 2011, established a deadline of thirty days after the issuance of the superintendent's order or refusal to hold a hearing within which to file a request for review by the public regulation commission.
The 1999 amendment, effective June 18, 1999, substituted references to the public regulation commission for references to the insurance board in Subsection B.
Time limit for filing appeal. — A dispute concerning whether a class of employees will be classified as oil field workers or supervisory personnel for purposes of tabulating workers' compensation insurance premiums was a dispute under Article 17 of this chapter, and not Article 4 of this chapter. Therefore, the appeal filed by the aggrieved party 40 days after the decision of the insurance fraud was properly dismissed as untimely pursuant to the time limit for the filing of action set forth in 59A-17-35 NMSA 1978. Home Indem. Co. v. Arapahoe Drilling Co., 1993-NMCA-025, 115 N.M. 204, 848 P.2d 1131.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 235 et seq.; 43 Am. Jur. 2d Insurance § 56.
44 C.J.S. Insurance § 15 et seq.; 73 C.J.S. Public Administrative Law and Procedure §§ 98, 114.