New
Mexico Register / Volume XXXII, Issue 18 / September 28, 2021
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Superintendent of Insurance (“OSI” or “Superintendent”)
will hold a public video/telephone hearing regarding proposed amendments to 13.1.3
NMAC PRIVACY OF NONPUBLIC PERSONAL INFORMATION. The hearing will commence
on October 29, 2021 at 9:00 a.m.
PURPOSE AND SUMMARY OF THE
PROPOSED AMENDMENTS: On February 3,
2021, the Superintendent of Insurance granted the petition of American Property
Casualty Insurance Association (“APCIA”) for a rulemaking to amend 13.1.3.9
NMAC. APCIA is proposing that the current rules be amended so that if certain
criteria set forth in the federal FAST Act are met by a licensee, then the
sending of an annual privacy notice pursuant to 13.1.3.9 NMAC is not required;
the licensee will, however, be required to send a copy of its current privacy
policies and practices to policyholders if it does not meet the criteria.
STATUTORY AUTHORITY: Sections 59A-2-9 and 59A-2-9.3
NMSA 1978.
TO ATTEND THE HEARING: Join via Video: https://us02web.zoom.us/j/2916274744
Join via telephone: 1-312-626-6799
Meeting ID: 291 627
4744
The
Superintendent designates R. Alfred Walker to act as the hearing examiner for
this rulemaking.
Copies
of the Notice of Proposed Rulemaking and proposed amended rules are available
by electronic download from the OSI eDocket https://edocket.osi.state.nm.us/guest/case-view/3920
or the New Mexico Sunshine Portal, or by requesting a copy by calling (505)
476-0333. Note: Due to the COVID-19 pandemic, the physical offices of the
OSI remain closed to the public until further notice.
Oral
comments will be accepted at the public hearing from members of the public and
any interested parties. Written comments will be accepted through 4:00 pm on Friday, October
29, 2021. Responses to written
comments or oral comments will be accepted through 4:00 pm on November 8, 2021.
All
comments shall be filed through the eDocket at https://edocket.osi.state.nm.us/guest/case-view/3920
or by mail:
OSI
Records and Docketing, NM Office of Superintendent of Insurance
1120
Paseo de Peralta, P.O. Box 1689, Santa Fe, NM 87504-1689
For assistance with filing
documents, please email OSI-docketfiling@state.nm.us.
Note: The eDocket requires
an initial registration step before allowing users to upload/file documents. All documents submitted for filing shall indicate the
docket number for this case.
Docket No. 21-00008-RULE-PC
IN THE MATTER OF THE PETITION OF THE AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION TO AMEND 13.1.3.9 NMAC
Only signed comments will be
accepted. Scanned or electronic
signatures conforming to federal and state court requirements will be accepted
with the understanding that if there is any dispute regarding a signature, OSI
reserves the right to require that original signatures be provided to verify
the electronic signature. All filings
must be received between the hours of 8:00 a.m. and 4:00 p.m. Monday through
Friday except on state holidays. Any
filings after 4:00 will be filed to the docket the next business day. The
Superintendent will consider all oral comments and will review all timely
submitted written comments and responses.
SPECIAL NEEDS: Any person with a disability requiring
special assistance to participate in the hearing should contact Melissa
Gutierrez at 505-476-0333 no later than ten (10) business days prior to the
hearing.
DONE
AND ORDERED this 28th day of September, 2021
/S/RUSSELL
TOAL