N.M. Admin. Code § 13.1.5.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 13.1.5.7 - DEFINITIONS

A."Attorney" for purposes of this rule, "attorney" means only an individual who is licensed to practice law in New Mexico or who has requested temporary licensure under the New Mexico supreme court's pro hac vice rules.

B."Day or Days" shall be interpreted as follows, unless otherwise specified:

(1)"Business day" means Monday through Friday, excluding any days that state offices are officially closed;

(2) one to five days means only business days; and

(3) six days or more means calendar days, including weekends and state holidays.

C."Hearing" means an on-the-record adjudicatory proceeding before the superintendent or the before a hearing officer appointed by the superintendent.

D."Hearing officer" is the superintendent, or a person designated by the superintendent pursuant to Section 59A-2-7 NMSA 1978, to serve as a neutral decision maker in a proceeding.

E."Order" means any directive, command, determination of a disputed issue, or ruling on a disputed matter issued by the superintendent or a hearing officer in a proceeding governed by these rules.

F."OSI" means the New Mexico office of superintendent of insurance.

G."Party" means a person who participates in a proceeding governed by these rules by order of the superintendent.

H."Pleading" means any written request, motion, or proposed action filed by a party in a docketed proceeding, as set forth in 13.1.5.10 NMAC.

I."Proceeding" means any formal adjudicatory proceeding, case or hearing conducted by the superintendent pursuant to these rules.

J."Request for hearing" means a formal written request for an opportunity to appear before the superintendent and offer testimony, to call witnesses, present evidence and ask questions, that is submitted by a person with respect to a particular matter where OSI has statutory or regulatory authority to conduct an adjudicatory proceeding.

K."Sua Sponte" means any determination of the superintendent or of his designee made without prompting of the parties.

L."Superintendent" means the superintendent of insurance, the office of superintendent of insurance or employees of the office of superintendent of insurance acting within the scope of the superintendent's official duties and with the superintendent's authorization.

N.M. Admin. Code § 13.1.5.7

Adopted by New Mexico Register, Volume XXX, Issue 12, June 25, 2019, eff. 7/1/2019