A. The position of superintendent of insurance shall be the chief officer of the office of superintendent of insurance.
B. The superintendent shall be appointed by the insurance nominating committee.
C. The superintendent shall serve for a term of four years, except that the initial term beginning July 1, 2013 shall end on December 31, 2015. An incumbent superintendent may apply to the insurance nominating committee for appointment to additional terms.
D. The superintendent's annual compensation shall be subject to legislative appropriation and established by the insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation shall be no lower than that of the lowest-compensated cabinet secretary and no higher than that of the highest-compensated cabinet secretary.
E. The superintendent shall not be removed except for incompetence, willful neglect of duty or malfeasance in office. The insurance nominating committee may remove the superintendent after providing the superintendent with notice and a hearing.
History: Laws 1984, ch. 127, § 20; 1998, ch. 108, § 35; 2013, ch. 74, § 10; 2015, ch. 11, § 3; 2020, ch. 63, § 1.
The 2020 amendment, effective May 20, 2020, removed a provision providing for a vacancy in the position of superintendent of insurance; and in Subsection C, after "December 31, 2015.", deleted "If the position of superintendent becomes vacant, the successor shall serve the remainder of the term".
The 2015 amendment, effective June 19, 2015, provided that the annual compensation of the superintendent of insurance shall be established by the insurance nominating committee and subject to legislative appropriation; in Subsection D, after "shall be", added "subject to legislative appropriation and", and after "established by the", deleted "legislature in an appropriations act and" and added "insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation"; and in Subsection E, after "after", deleted "first".
The 2013 amendment, effective March 29, 2013, provided for the term of office, compensation, and removal of the superintendent of insurance; in the title, added "term; compensation"; in Subsection A, at the beginning of the sentence, added "position of", after "chief officer of the", added "office of superintendent of", and after "insurance", deleted "division"; in Subsection B, after "appointed", deleted "and may be removed for cause at any time", and after "by the", deleted "commission" and added "insurance nominating committee"; and added Subsections C through E.
The 1998 amendment, effective January 1, 1999, substituted "division" for "department" in the first sentence, and deleted "corporation" preceding "commission" in the second sentence.
Structure New Mexico Statutes
Article 2 - Office of Superintendent of Insurance
Section 59A-2-1 - Office of superintendent of insurance.
Section 59A-2-2 - Superintendent; appointment; term; compensation; removal.
Section 59A-2-2.1 - Insurance nominating committee; duties; administrative attachment.
Section 59A-2-3 - Superintendent; qualifications and bond.
Section 59A-2-7 - Delegation of powers.
Section 59A-2-8 - General powers and duties of superintendent.
Section 59A-2-8.1 - Producer licensing; national producer registry; fees collected.
Section 59A-2-9 - Rules and regulations; promulgation; violation.
Section 59A-2-9.1 - Regulations; leased employees.
Section 59A-2-9.2 - Recompiled.
Section 59A-2-9.3 - Superintendent authorized and directed to promulgate privacy rules.
Section 59A-2-9.4 - Superintendent of insurance; additional powers.
Section 59A-2-9.6 - Health insurance cooperative; rulemaking.
Section 59A-2-9.7 - Annual report required.
Section 59A-2-9.8 - Prior authorization request form; development.
Section 59A-2-9.9 - State innovation waiver application.
Section 59A-2-10 - Orders, notices in general.
Section 59A-2-11 - Enforcement.
Section 59A-2-12 - Records; inspection; destruction.
Section 59A-2-13 - Seal as evidence.
Section 59A-2-14 - Publications; preparation and sale.
Section 59A-2-15 - Interstate, federal and international cooperation.