A. A member insurer may appeal to the superintendent from an action of the board by filing with the superintendent a notice of appeal within thirty days after that action.
B. A final order of the superintendent on appeal is subject to judicial review by an action in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: Laws 1984, ch. 127, § 761; 1998, ch. 55, § 66; 1999, ch. 265, § 69; 2012, ch. 9, § 15.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
Compiler's notes. — For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2012 amendment, effective July 1, 2012, in Subsection A, after "board", deleted "of directors of the association" and after "thirty days after", changed "the action appealed from" to "that action", and made minor stylistic changes.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment, effective September 1, 1998, in Subsection A, deleted "(30)" following "thirty"; rewrote Subsection B, and made minor stylistic changes throughout the section.
Structure New Mexico Statutes
Article 42 - Life and Health Insurance Guaranty Association
Section 59A-42-1 - Short title.
Section 59A-42-3 - Definitions.
Section 59A-42-4 - Coverage; limitations.
Section 59A-42-5 - Organization of association; participation.
Section 59A-42-6 - Board of directors.
Section 59A-42-7 - Powers and duties of the association.
Section 59A-42-8 - Assessments.
Section 59A-42-9 - Plan of operation.
Section 59A-42-10 - Duties and powers of the superintendent.
Section 59A-42-11 - Prevention of insolvencies.
Section 59A-42-13 - Miscellaneous provisions.
Section 59A-42-14 - Examination of association; annual report.
Section 59A-42-16 - Stay of proceedings; reopening default judgments.
Section 59A-42-17 - Prohibited advertisement; notice to policy owners.