A. The superintendent shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing shall be public.
B. The court may hold all hearings in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.
C. In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to or are part of the record of the summary proceedings, shall be and remain confidential except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers, orders otherwise, or unless the insurer requests that the matter be made public. Until the court otherwise orders, all papers filed with the clerk of the court in the matter shall be held by him in a confidential file.
D. If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give such person an opportunity to appear, on such terms as may be reasonable.
History: Laws 1984, ch. 127, ยง 748.
Structure New Mexico Statutes
Article 41 - Conservation, Rehabilitation and Liquidation
Section 59A-41-1 - Short title.
Section 59A-41-2 - Scope of article.
Section 59A-41-3 - Definitions.
Section 59A-41-4 - "Ancillary state" defined.
Section 59A-41-5 - "Creditor" defined.
Section 59A-41-6 - "Delinquency proceeding" defined.
Section 59A-41-7 - "Domiciliary state" defined.
Section 59A-41-8 - "Foreign country" defined.
Section 59A-41-9 - "General assets" defined.
Section 59A-41-10 - "Impairment" defined.
Section 59A-41-11 - "Insolvency" defined.
Section 59A-41-12 - "Preferred claim" defined.
Section 59A-41-13 - "Receiver" defined.
Section 59A-41-14 - "Reciprocal state" defined.
Section 59A-41-15 - "Secured claim" defined.
Section 59A-41-16 - "Special deposit claim" defined.
Section 59A-41-17 - Uniform Insurers Liquidation Act; composition, severability and interpretation.
Section 59A-41-18 - Conduct of delinquency proceedings against domestic insurers.
Section 59A-41-20 - Filing, proving claims of nonresidents against delinquent domestic insurers.
Section 59A-41-22 - Priority of preferred claims, special deposit claims and secured claims.
Section 59A-41-23 - Attachment, garnishment of assets.
Section 59A-41-24 - Hazardous financial condition; determination.
Section 59A-41-25 - Requirements of insurer in hazardous financial condition.
Section 59A-41-26 - Hazardous financial condition; failure of insurer to comply with requirements.
Section 59A-41-27 - Deposit of foreign insurer during examination; impoundment of assets.
Section 59A-41-28 - Grounds for rehabilitation, liquidation of domestic insurer.
Section 59A-41-29 - Order of rehabilitation; termination.
Section 59A-41-30 - Order of liquidation of domestic insurer; rights, liabilities.
Section 59A-41-31 - Grounds for conservation of assets of foreign insurer.
Section 59A-41-32 - Order of conservation or ancillary liquidation of foreign or alien insurer.
Section 59A-41-33 - Grounds for dissolution of domestic insurer.
Section 59A-41-34 - Commencement of a delinquency proceeding.
Section 59A-41-35 - Change of venue.
Section 59A-41-36 - Right of guaranty association to participate in delinquency proceeding.
Section 59A-41-37 - Exemption from filing fees.
Section 59A-41-38 - Deposit of monies collected.
Section 59A-41-39 - Borrowing on pledge of assets.
Section 59A-41-40 - Sale, disposition of assets and compromise of certain claims.
Section 59A-41-41 - Time to file claims.
Section 59A-41-42 - Fraudulent transfers prior to petition.
Section 59A-41-43 - Fraudulent transfer after petition.
Section 59A-41-43.1 - Voidable preferences and liens.
Section 59A-41-43.2 - Liability for participation in fraudulent transfer or voidable preference.
Section 59A-41-43.3 - Claims of holders of void or voidable rights.
Section 59A-41-44 - Priorities in distribution.
Section 59A-41-45.1 - Recovery from affiliates.
Section 59A-41-46 - Report for assessment; domestic mutual, reciprocal insurers.
Section 59A-41-47 - Levy of assessment; domestic mutual, reciprocal insurers.
Section 59A-41-48 - Order for payment of assessment; domestic mutual, reciprocal insurers.
Section 59A-41-49 - Assessment order, publication and transmittal.
Section 59A-41-50 - Judgment upon the assessment.
Section 59A-41-51 - Summary proceedings; superintendent's corrective orders authorized.
Section 59A-41-52 - Summary proceedings; appeal from superintendent's order.
Section 59A-41-53 - Summary proceedings; enforcement; penalty.
Section 59A-41-54 - Summary proceedings; seizure under court order.
Section 59A-41-55 - Summary proceedings; seizure under superintendent's order.
Section 59A-41-56 - Summary proceedings; conduct of administrative and judicial hearings.
Section 59A-41-57 - Summary proceedings; penalty for refusal to deliver property, records.