This bill amends Section 59A-2-8 of the New Mexico Insurance Code to grant the Superintendent of Insurance the authority to issue civil investigative subpoenas. The new language allows the Superintendent to issue such subpoenas prior to a notice of contemplated action when examining or investigating insurance matters, provided there is reasonable and probable cause to believe a violation of the Insurance Code has occurred. Additionally, if a person fails to comply with the subpoena without lawful excuse, the enforcing authority can seek a court order to compel compliance.
The bill also outlines the procedures for the Superintendent to take necessary actions during a state of emergency, as declared by the governor under the All Hazard Emergency Management Act or the Public Health Emergency Response Act. It specifies that any emergency rules or orders issued must detail the geographic area affected and the effective dates, while also ensuring that these rules do not apply retroactively or extend beyond the governor's order. Overall, the bill enhances the powers of the Superintendent to enforce compliance and manage insurance matters effectively during emergencies.
Statutes affected: introduced version: 59A-2-8
Final Version: 59A-2-8