A. The superintendent shall adopt regulations for the review and approval or disapproval of all rate filings or forms made pursuant to Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978. During the initial review periods provided under Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978, the superintendent may disapprove any form filed with him.

B. The superintendent may, in addition to any disapproval authority granted in Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978, disapprove rate filings if the earned premium in the most recent calendar year is less than forty percent of the highest calendar year's earned premium for the form and, in the superintendent's judgment, those rates would result in a dropping of coverage that is not beneficial to the citizens of New Mexico. Alternately, the superintendent may:

(1) require that the experience be combined with the experience of any other form with similar benefits; or

(2) adjust the requested rate.

History: Laws 1989, ch. 28, § 8; 1990, ch. 110, § 7; 1992, ch. 3, § 6.

The 1992 amendment, effective March 2, 1992, in Subsection A, substituted "adopt regulations for the review and approval or disapproval of all rate filings" for "review and approve all filing of rates" in the first sentence and inserted "fifteen," in the first and second sentences; inserted "fifteen," near the beginning of the first sentence of the introductory paragraph in Subsection B; and deleted "of any other form" following "experience" near the beginning in Subsection B(1).