N.M. Admin. Code § 13.17.2.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 13.17.2.8 - COMPOSITION OF DISPUTE BOARD

The superintendent shall appoint the members of the dispute board, which shall consist of five voting members, one non-voting regulatory participant and two non-voting advisors as follows:

A. The one non-voting regulatory participant shall be from the staff of the office of superintendent of insurance.

B. The five voting members shall be from the private sector as follows:

(1) one voting member shall be a private sector employer or a representative of a private sector employer located in New Mexico;

(2) one voting member shall be affiliated with a local chamber of commerce, small business federation, or similar business association in New Mexico;

(3) two voting members shall be independent insurance agents licensed in New Mexico;

(4) one voting member shall be a representative from a New Mexico self-insurance group;

(5) each voting member shall be knowledgeable concerning workers' compensation insurance, rules, and classifications and shall be familiar with the business environment and business community of New Mexico;

(6) no voting member shall be, or be an employee of, an insurance company, insurance broker, law firm, actuary, or any association of any such entities; neither shall any such member be under contract to any such entity;

(7) no two voting memberships shall be affiliated with the same business organization, affiliated group, business league, or labor organization and

(8) all voting memberships shall be held in the name of the individual.

C. One non-voting advisor shall be an insurance company that writes workers' compensation insurance policies in New Mexico.

(1) The insurance company shall designate one salaried employee to represent it on the dispute board, and another salaried employee as an alternate.

(2) The company representative or alternate representative shall attend each meeting of the dispute board and shall serve as a technical and business resource. The representative will provide advice to the dispute board on issues relating to experience modification factors, classification assignments, manual rules and other related matters deemed pertinent by the superintendent. The company representative may participate in the discussion but shall have no vote in determining the dispute board's decisions.

D. One non-voting advisor shall be an employee of the advisory organization and shall serve as a technical resource for the dispute board. The representative from the advisory organization will provide advice to the dispute board on issues relating to experience modification factors, classification assignments, manual rules and other related matters deemed pertinent by the superintendent. The advisory organization representative may participate in the discussion, but shall have no vote in determining the dispute board's decisions.

N.M. Admin. Code § 13.17.2.8

1-1-93; 13.17.2.8 NMAC - Rn & A, 13 NMAC 17.2.8, 5-15-01; A, 3-14-14