Any person aggrieved by any ruling or decision of the pool with respect to any assigned risk policy of workers' compensation insurance may file a written appeal to the superintendent, within thirty days following the ruling or decision. Upon receipt of an appeal, the superintendent shall schedule and hold a full hearing, on at least ten days' written notice to the parties affected, of the subject matter of the appeal, and after consideration of all matters presented at the hearing, as well as information available to him from the records of the insurance department, the superintendent may affirm, annul or modify the appealed ruling or decision, or take any other action with respect thereto determined by him to be fair, reasonable and nondiscriminatory, under all the circumstances. All testimony and other evidence on which the superintendent bases any decision under the Workers' Compensation Assigned Risk Pool Law shall be in writing, directed to the parties affected and filed of record in the insurance department.
History: Laws 1984, ch. 127, § 544; 1989, ch. 42, § 12; 1990 (2nd S.S.), ch. 2, § 105.
Structure New Mexico Statutes
Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks
Section 59A-33-1 - Assigned risk pool, short title.
Section 59A-33-2 - Scope of article.
Section 59A-33-4 - Definitions.
Section 59A-33-5 - Organization of assigned risk pool.
Section 59A-33-5.1 - Operation of pool.
Section 59A-33-5.2 - Pool deficit review.
Section 59A-33-6 - Powers of the pool; duty of member companies; servicing carriers.
Section 59A-33-7 - Assignment of risks by the pool.
Section 59A-33-8 - Issuance of policy; annual report.
Section 59A-33-9 - Rules and regulations.
Section 59A-33-9.1 - Policyholders' duty to disclose; ratings experience.
Section 59A-33-10 - Authority of superintendent.
Section 59A-33-11 - Safety rules prescribed by the pool.
Section 59A-33-12 - Appeal to superintendent.