HOUSE BILL 240

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Sheryl Williams Stapleton

AN ACT

RELATING TO INSURANCE; REQUIRING THE SUPERINTENDENT OF INSURANCE TO SEND ORDERS AND NOTICES BY CERTIFIED MAIL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 59A-2-10 NMSA 1978 (being Laws 1984, Chapter 127, Section 28) is amended to read:

     "59A-2-10. ORDERS--NOTICES IN GENERAL.--

          A. Orders and notices of the superintendent shall be effective only when in writing signed by [him] the superintendent or by [his authority] the superintendent's designee.

          B. Every order of the superintendent shall state its effective date and shall concisely state:

                (l) what is ordered;

                (2) the grounds on which the order is based; and

                (3) the provisions of the Insurance Code pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the superintendent of the right to rely thereon.

          C. Except as provided as to particular procedures, an order or notice [may] shall be given by delivery to the person to be ordered or notified, or by mailing it by certified mail, return receipt requested, postage prepaid, addressed to [such] the person at the principal place of business or residence last of record with the insurance [department] division. If so mailed, the order or notice shall be deemed given [when] ten days after being deposited in a mail depository of the United States post office and [as to which] the affidavit of the individual who so mailed it shall be prima facie evidence that the order or notice was [given] mailed."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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