A. Upon completion of the examination and receipt of the examination report, the superintendent shall transmit the report to the person examined and shall allow the person a reasonable period, but not to exceed twenty days, within which to review the report and to file with the superintendent in writing requested corrections or modifications, with the reasons therefor. For good reason shown, the superintendent may grant reasonable extension of the review period.
B. Within twenty days after the superintendent's receipt of the request, the person examined shall confer with the superintendent and examiner relative to requested corrections and modification.
C. Within thirty days of the end of the period allowed for the receipt of written submissions or rebuttals, the superintendent shall fully consider and review the examination report, together with any written submission or rebuttal, any conference and any relevant portion of the examiner's work papers and shall enter an order. An order entered pursuant to this subsection shall be accompanied by findings of fact and conclusions of law resulting from the superintendent's consideration and review of the examination report, any written submission or rebuttal, any conferences and any relevant portion of the examiner's work papers. An order shall be considered a final administrative decision that may be appealed pursuant to Section 59A-4-20 NMSA 1978. An order shall be served on all parties by certified mail, together with a copy of the adopted examination report. An order issued pursuant to this subsection shall:
(1) adopt the examination report as filed or with modification or corrections. If the examination report reveals that the person is operating in violation of statute, rule or prior order of the superintendent, the superintendent may order the person to take any action that the superintendent considers necessary and appropriate to cure the violation;
(2) reject the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation or information and refiling pursuant to Section 59A-4-9 NMSA 1978; or
(3) call for an investigatory hearing with no less than twenty days' notice to the person for purposes of obtaining additional documentation, data, information or testimony.
D. An investigatory hearing held pursuant to Paragraph (3) of Subsection C of this section:
(1) may be conducted by the superintendent or the superintendent may authorize a representative to conduct the hearing; provided that the superintendent shall not authorize an examiner to conduct the hearing;
(2) shall be conducted for the resolution of any inconsistency, discrepancy or disputed issue apparent upon the face of the examination report or raised by or as a result of the superintendent's review of work papers and conferences or by the written submission or rebuttal of the person;
(3) shall proceed expeditiously with discovery by the person limited to those work papers of the examiner that tend to substantiate any assertions set forth in any written submission or rebuttal; and
(4) shall be confidential, unless confidentiality is waived by the person being examined.
E. Relating to an investigatory hearing held pursuant to Paragraph (3) of Subsection C of this section, the superintendent or the superintendent's representative may issue a subpoena to compel the attendance of any witness or the production of any document that the superintendent or the superintendent's representative deems relevant to the investigation, whether the document is under the control of the office of superintendent of insurance, the person being examined or any other person. Documents produced shall be included in the record and testimony taken by the superintendent or the superintendent's representative and shall be made under oath and preserved for the record. The person being examined and the office of superintendent of insurance shall be permitted to make closing statements and may be represented by counsel. Nothing in this section shall be construed to require the office of superintendent of insurance to disclose any information or record that would indicate or demonstrate the existence or content of any investigation or activity of a criminal justice agency.
F. Within twenty days of the conclusion of an investigatory hearing pursuant to Paragraph (3) of Subsection C of this section, the superintendent shall enter an order in accordance with Paragraph (1) of Subsection C of this section.
History: Laws 1984, ch. 127, § 54; 1991, ch. 125, § 6; 1993, ch. 320, § 6; 2017, ch. 130, § 2.
ANNOTATIONSThe 2017 amendment, effective July 1, 2017, required the superintendent and examiner to meet with the subject of an examination report within twenty days of a request by the person examined to discuss requested corrections or modifications of an examination report, and clarified post-examination procedures; in the catchline, deleted "distribution", deleted "and hearing; adopting", and added "adoption orders; investigatory hearings"; in Subsection A, after "superintendent shall", deleted "furnish two copies thereof" and added "transmit the report", and after "For good", deleted "cause" and added "reason"; in Subsection B, deleted "As soon as reasonably possible" and added "Within twenty days", and after "corrections and modification.", deleted the remainder of the subsection; and deleted former Subsections C and D and added new Subsections C through F.
The 1993 amendment, effective June 18, 1993, in Subsection B, deleted the former last sentence, which read: "The superintendent may order reexamination of the examinee as to any respect in which the proposed examination report is in question", and made a stylistic change; and added Subsection D.
The 1991 amendment, effective April 3, 1991, in Subsection B, deleted "if requested by the examinee" following "superintendent" in the first sentence and added the second sentence; in Subsection C, deleted "or if hearing is not so requested following conferences, the superintendent may adopt the report" at the end of the former first sentence and deleted a second sentence which read "The superintendent may order reexamination of the examinee as to any respect in which the proposed examination report is in question"; and made minor stylistic changes throughout the section.