A. If the superintendent finds that the application is complete, that the applicant has passed all required examinations and is otherwise qualified for the license applied for, the superintendent shall promptly issue, or permit the issuance of, the license.
B. If the superintendent denies an application for initial issuance or renewal of a license, the superintendent shall notify the applicant in writing and advise the applicant of the reason for the denial.
C. Within thirty days of the date of issuance of the denial of an application for initial issuance or renewal of a license, the applicant may request in writing a hearing on the denial. The hearing shall be held within thirty days and shall be held pursuant to the requirements of the Insurance Code.
D. The license of a business entity may be suspended, revoked or refused if the superintendent finds after hearing that an individual licensee's violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership or corporation and the violation was neither reported to the superintendent nor corrective action taken.
History: Laws 1984, ch. 127, § 187; 2003, ch. 306, § 2; 2011, ch. 127, § 6; 2016, ch. 89, § 14.
The 2016 amendment, effective July 1, 2017, provided procedures for denying an application for license and the process for suspending, revoking or refusing an existing license; in the catchline, deleted "refusal of", and added "or refusal to issue or renew"; designated the existing language from the former section as Subsection A; in Subsection A, deleted "Otherwise, the superintendent shall refuse to issue, or to permit the issuance of, the license and shall promptly notify the applicant and the appointing insurer, employer or principal, where applicable, of the refusal and state the grounds for refusal."; and added new Subsections B, C and D.
Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2011 amendment, effective July 1, 2011, broadened the authority of the state treasurer to permit the issuance of licenses.
The 2003 amendment, effective June 20, 2003 deleted "refundability of fees" from the section heading; and deleted the Subsection A designation and deleted Subsection B that concerned refund of fees.
Structure New Mexico Statutes
Article 11 - Licensing Procedures for Producers and Others
Section 59A-11-1 - Scope of article.
Section 59A-11-2 - Application for license; individual.
Section 59A-11-3 - Application by firm or corporation.
Section 59A-11-4 - Temporary licenses.
Section 59A-11-5 - Vending machine licenses.
Section 59A-11-6 - Examination of applicant.
Section 59A-11-7 - Character evaluation, criminal record.
Section 59A-11-8 - Issuance or refusal to issue or renew license.
Section 59A-11-9 - License contents; number required.
Section 59A-11-10 - Continuation, expiration of license.
Section 59A-11-11 - License and appointment continuation, expiration; staggered dates system.
Section 59A-11-12 - Appointment of insurance producer; continuation.
Section 59A-11-13 - Insurance producers' rights; cancellation.
Section 59A-11-14 - Suspension, revocation, refusal to continue license; grounds.
Section 59A-11-15 - Procedure for suspension, revocation or refusal to continue license.
Section 59A-11-16 - Duration of suspension.
Section 59A-11-17 - Administrative fine in lieu [of suspension, etc.].
Section 59A-11-18 - Relicensing after revocation or refusal to continue.
Section 59A-11-20 - License records.
Section 59A-11-21 - Penalties.
Section 59A-11-22 - Duty to report.