A. The association shall submit to the superintendent a plan of operation and amendments to the plan necessary or suitable to ensure the fair, reasonable and equitable administration of the association. The plan of operation and amendments shall become effective upon the superintendent's written approval. If, at any time, the association fails to submit the plan or suitable amendments to the superintendent, he shall, after notice and hearing, adopt necessary or advisable rules to effectuate the provisions of the Title Insurance Guaranty Act. The rules shall continue in force until the superintendent modifies them or they are superseded by a plan or amendments submitted by the association and approved by the superintendent.
B. All member insurers shall comply with the association's plan of operation.
C. The association's plan of operation, among other things, shall establish all procedures for conducting the association's business, for handling its assets, for receiving, handling, adjusting and paying claims, for keeping records and for the conduct of other activities necessary to carry out the association's powers and duties.
D. The association's plan of operation may provide that any of the association's powers and duties, except those specified in Paragraph (3) of Subsection A and Paragraph (2) of Subsection B of Section 7 [59A-30A-7 NMSA 1978] of the Title Insurance Guaranty Act, be delegated to a corporation, association or other organization that performs or will perform functions similar to those of the association in two or more states. Such a corporation, association or organization shall be reimbursed as a servicing facility and paid for performing any other function.
History: Laws 1999, ch. 60, § 8.
Effective dates. — Laws 1999, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 30A - Title Insurance Guaranty
Section 59A-30A-1 - Short title.
Section 59A-30A-4 - Definitions.
Section 59A-30A-5 - Organization of association.
Section 59A-30A-6 - Board of directors.
Section 59A-30A-7 - Duties and powers of the association.
Section 59A-30A-8 - Plan of operation.
Section 59A-30A-9 - Duties and powers of superintendent.
Section 59A-30A-10 - Effect of paid claims.
Section 59A-30A-11 - Nonduplication of recovery.
Section 59A-30A-12 - Prevention of insolvencies.
Section 59A-30A-13 - Examination of association; financial reports.
Section 59A-30A-15 - Recognition of assessment in rates.
Section 59A-30A-16 - Immunity; confidentiality.
Section 59A-30A-17 - Stay of proceedings; reopening of default judgments.