A. The director shall adopt rules and regulations to determine the qualifications necessary to be a self-insurer. To qualify to be a self-insurer, a private employer must show to the satisfaction of the director that the employer is financially solvent and that providing workers' compensation and occupational disease disablement insurance coverage is unnecessary. The director shall consider the employer's financial ability to pay promptly workers' compensation and occupational disease disablement benefits and assessments that may be imposed under the Self-Insurers' Guarantee Fund Act.
B. The director shall certify each private employer who qualifies to be a self-insurer.
C. Each application for certification as a self-insurer shall be accompanied by payment of a fee not to exceed one hundred fifty dollars ($150). The fee shall be set by the director as necessary to cover the administrative costs of evaluating the applicants' qualifications. The fee shall be deposited in the workers' compensation administration fund.
D. Any employer formerly certified as a self-insurer who ceases to be certified may not apply again for certification until three years after certification ceases.
History: Laws 1990 (2nd S.S.), ch. 3, § 6.
Effective dates. — Laws 1990 (2nd S.S.), ch. 3, § 10 made Laws 1990 (2nd S.S.), ch. 3, § 6 effective January 1, 1991.
Compiler's notes. — For the Self-Insurers' Guarantee Fund Act, see 52-8-1 NMSA 1978 and compiler's notes thereto.
Structure New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 5 - Workers' Compensation Division
Section 52-5-1.1 - Short title.
Section 52-5-1.2 - Workers' compensation administration created.
Section 52-5-1.3 - Enforcement bureau.
Section 52-5-1.4 - Ombudsman program.
Section 52-5-2 - Director; appointment; employees; workers' compensation judges.
Section 52-5-3 - Reports; data gathering.
Section 52-5-4 - Authority to adopt rules, regulations and fee schedules.
Section 52-5-4.1 - Qualifications to be a self-insurer; certification; application; fee.
Section 52-5-5 - Claims; informal conferences.
Section 52-5-6 - Authority of the director to conduct hearings.
Section 52-5-7 - Hearing procedure.
Section 52-5-8 - Judicial review of decision by workers' compensation judge.
Section 52-5-9 - Application for modification of compensation order.
Section 52-5-10 - Enforcement of payment in default.
Section 52-5-11 - Minors and incompetents.
Section 52-5-12 - Payment; periodic or lump sum; settlement.
Section 52-5-13 - Approval of lump sum settlement by workers' compensation judge.
Section 52-5-14 - Order of approval.
Section 52-5-15 - Awards; provisions.
Section 52-5-16 - Physical examination of worker; statements regarding dependents.
Section 52-5-17 - Subrogation.
Section 52-5-18 - Limitation on filing claims.
Section 52-5-19 - Fee for funding administration; workers' compensation administration fund created.
Section 52-5-20 - Notification to employer; penalty.
Section 52-5-21 - Administration records confidentiality; authorized use.