The superintendent shall collect the following fees:

A. insurer's certificate of authority -

(1) filing application for certificate of authority, and issuance of certificate of authority, including filing of all charter documents, financial statements, service of process, power of attorney, examination reports and other documents included with and part of the application $1,000.00

(2) annual continuation of certificate of authority, per kind of insurance 200.00

(3) reinstatement of certificate of authority (Section 59A-5-23 NMSA 1978) 150.00

(4) amendment to certificate of authority 200.00

B. charter documents - filing amendment to any charter document (as defined in Section 59A-5-3 NMSA 1978) 10.00

C. annual statement of insurer, filing 200.00

D. service of process, acceptance by superintendent and issuance of certificate of service 10.00

E. producer licenses and appointments -

(1) filing application for original producer license and issuance of license 30.00

(2) biennial continuation of license 60.00

(3) appointment of producer -

(a) filing appointment, per kind of insurance, each insurer 20.00

(b) annual continuation of appointment, per kind of insurance, each insurer 20.00

(4) temporary license filing application 30.00

F. agency business entity license and affiliations -

(1) filing application for original agency business entity license and issuance of license 30.00

(2) biennial continuation of license 60.00

(3) filing of individual affiliation 20.00

(4) annual continuation of individual affiliation 20.00

G. insurance vending machine license -

(1) filing application for original license and issuance of license, each machine 25.00

(2) biennial continuation of license, each machine 50.00

H. examination for license, application for examination conducted directly by the superintendent, each grouping of kinds of insurance to be covered by the examination as provided by the superintendent's rules, and payable as to each instance of examination 75.00

I. surplus lines insurer - filing application for qualification as eligible surplus lines insurer 1,000.00

J. surplus lines broker license -

(1) filing application for original license and issuance of license 100.00

(2) biennial continuation of license 200.00

K. surplus lines brokerage business entity license and affiliations -

(1) filing application for original surplus lines brokerage business entity license and issuance of license 100.00

(2) filing of individual affiliation 20.00

(3) annual continuation of individual affiliation 20.00

L. adjuster license -

(1) filing application for original license and issuance of license 30.00

(2) biennial continuation of license 60.00

M. insurance consultant license -

(1) filing application for original license and issuance of license 50.00

(2) application examination 75.00

(3) biennial continuation of license 100.00

N. viatical settlements license -

(1) providers -

(a) filing application for original license and issuance of license 1,000.00

(b) biennial continuation of license 400.00

(2) brokers -

(a) filing application for original license and issuance of license 100.00

(b) biennial continuation of license 200.00

(3) brokerages -

(a) filing application for original business entity license and issuance of license 100.00

(b) biennial continuation of license 200.00

(c) filing of individual affiliation 20.00

(d) annual continuation of individual affiliation 20.00

O. advisory organization license -

(1) filing application for license and issuance of license 100.00

(2) annual continuation of license 100.00

P. nonprofit health care plans -

(1) filing application for preliminary permit and issuance of permit 100.00

(2) certificate of authority, application, issuance, continuation, reinstatement, charter documents - same as for insurers

(3) annual statement, filing 200.00

Q. prepaid dental plans -

(1) certificate of authority, application, issuance, continuation, reinstatement, charter documents - same as for insurers

(2) annual report, filing 200.00

R. prearranged funeral insurance - application for certificate of authority, issuance, continuation, reinstatement, charter documents, filing annual statement, licensing of sales representatives - same as for insurers

S. premium finance companies -

(1) filing application for original license and issuance of license 100.00

(2) annual renewal of license 100.00

T. motor clubs -

(1) certificate of authority -

(a) filing application for original certificate of authority and issuance of certificate of authority 200.00

(b) annual continuation of certificate of authority 100.00

(2) sales representatives -

(a) filing application for registration or license and issuance of registration or license, each representative 30.00

(b) biennial continuation of registration or license, each representative 60.00

U. bail bondsmen -

(1) filing application for original license as bail bondsman or solicitor, and issuance of license 30.00

(2) examination for license, each instance of examination 50.00

(3) biennial continuation of license 60.00

V. required filing of forms or rates - by all lines of business other than property or casualty -

(1) rates 50.00

(2) major form - each new policy and each package submission, which can include multiple policy forms, application forms, rider forms, endorsement forms or amendment forms 30.00

(3) incidental forms and rates - forms filed for informational purposes; riders, applications, endorsements and amendments filed individually; rate service organization reference filings; rates filed for informational purposes 15.00

W. health maintenance organizations -

(1) filing an application for a certificate of authority 1,000.00

(2) annual continuation of certificate of authority 200.00

(3) filing each annual report 200.00

(4) filing an amendment to organizational documents requiring approval 200.00

(5) filing informational amendments 50.00

X. purchasing groups and foreign risk retention groups -

(1) original registration 500.00

(2) annual continuation of registration 200.00

(3) producer fees - same as for authorized insurers

Y. third party administrators -

(1) filing application for original business entity insurance administrator license 100.00

(2) biennial continuation or renewal of license 200.00

(3) examination for license, each examination 75.00

(4) filing of annual report 50.00

Z. miscellaneous fees -

(1) duplicate license 30.00

(2) name change 30.00

(3) for each signature and seal of superintendent affixed to any instrument 10.00

AA. pharmacy benefits managers -

(1) filing an application for a license 1,000.00

(2) annual continuation of license, each year continued 500.00

(3) filing each annual report 200.00

(4) filing an amendment to organizational documents requiring approval 200.00

(5) filing informational amendments 100.00

BB. independent review organizations

(1) filing an application for a license 250.00

(2) biennial continuation of license 100.00

CC. continuing education providers

(1) filing an application for a course of instruction 80.00

(2) biennial continuation of course of instruction 40.00.

An insurer shall be subject to additional fees or charges, termed retaliatory or reciprocal requirements, whenever form or rate-filing fees in excess of those imposed by state law are charged to insurers in New Mexico doing business in another state or whenever a condition precedent to the right to issue policies in another state is imposed by the laws of that state over and above the conditions imposed upon insurers by the laws of New Mexico; in those cases, the same form or rate-filing fees may be imposed upon an insurer from another state transacting or applying to transact business in New Mexico so long as the higher fees remain in force in the other state. If an insurer does not comply with the additional retaliatory or reciprocal requirement charges imposed under this subsection, the superintendent may refuse to grant or may withdraw approval of the tendered form or rate filing.

All fees are earned when paid and are not refundable.

History: Laws 1984, ch. 127, § 101; 1990, ch. 34, § 1; 1991, ch. 124, § 1; 1993, ch. 320, § 14; 1999, ch. 272, § 2; 1999, ch. 289, § 2; 2001, ch. 302, § 1; 2003, ch. 306, § 1; 2011, ch. 127, § 4; 2014, ch. 14, § 7; 2016, ch. 89, § 2.

The 2016 amendment, effective July 1, 2017, revised the fee schedule for licensees, introduced fees for independent review organizations and continuing education providers, and increased fees for the renewal of certain licenses; in Subsection A, Paragraph (1), after "certificate of authority", deleted "if issued"; in Subsection D, after "certificate of service", deleted "where issued"; in Subsection E, deleted "agents'" and added "producer", in Paragraph (1), after "original", deleted "agent" and added "producer", and after "issuance of license", deleted "if issued", added a new Paragraph (2) and redesignated former Paragraph (2) as Paragraph (3), in Paragraph (3), after "appointment of", deleted "agent" and added "producer", in Subparagraph E(3)(b), after "appointment", added "per kind of insurance", deleted former Paragraph (3) of Subsection E, in Paragraph (4), after "temporary license", added "filing application 30.00" and deleted the remainder of the paragraph; in Subsection F, in the introductory phrase, after "agency", added "business entity", in Paragraph (1), after "issuance of license", deleted "if issued", added a new Paragraph (2) and redesignated former Paragraphs (2) and (3) as Paragraphs (3) and (4), respectively, in Paragraph (3), after "affiliation", deleted "per kind of insurance"; deleted Subsections G and H, and redesignated former Subsections I through W as Subsections G through U, respectively; in Subsection G, Paragraph (1), after "issuance of license", deleted "if issued", in Paragraph (2), deleted "annual" and added "biennial", and after "each machine", deleted "25.00" and added "50.00"; in Subsection H, after "directly by", added "the", and after "each instance of examination", deleted "50.00" and added "75.00"; in Subsection J, Paragraph (1), after "and issuance of license", deleted "if issued", and in Paragraph (2), deleted "annual" and added "biennial", and after "license", deleted "100.00" and added "200.00"; in Subsection K, in the introductory phrase, after "surplus lines", deleted "broker" and added "brokerage business entity", in Paragraph (1), after "license", deleted "if issued", and in Paragraph (2), after "affiliation", deleted "per kind of insurance"; in Subsection L, Paragraph (1), after "issuance of license", deleted "if issued", and in Paragraph (2), deleted "annual" and added "biennial", and after "license", deleted "30.00" and added "60.00"; in Subsection M, Paragraph (1), after "issuance of license", deleted "if issued", and in Paragraph (2), after "examination", deleted "10.00" and added "75.00"; in Subsection N, Subparagraph (1)(a), after "issuance of license", deleted "if issued", in Subparagraph (1)(b), deleted "annual" and added "biennial", and after "license", deleted "100.00" and added "200.00", in Subparagraph (2)(a), after "issuance of license", deleted "if issued", in Subparagraph (2)(b), deleted "annual" and added "biennial", and after "license", deleted "100.00" and added "200.00", in Subparagraph (3)(a), after "original", added "business entity", and after "issuance of license", deleted "if issued", in Subparagraph (3)(b), deleted "annual" and added "biennial", and after "license", deleted "20.00" and added "200.00", in Subparagraph (3)(c), after "affiliation", deleted "per kind of insurance"; in Subsection O, deleted "rating organization or rating", and in Paragraph (1), after "issuance of license", deleted "if issued"; in Subsection P, Paragraph (1), after "issuance of permit", deleted "if issued", and deleted Paragraph (4); in Subsection Q, deleted Paragraph (3); in Subsection S, Paragraph (1), after "issuance of license", deleted "if issued"; in Subsection T, Subparagraph (1)(a), after "certificate of authority", deleted "if issued", in Subparagraph (2)(a), after "registration or license", deleted "if issued", and after "representative", deleted "20.00" and added "30.00", in Subparagraph (2)(b), deleted "annual" and added "biennial", and after "representative", deleted "20.00" and added "60.00"; in Subsection U, Paragraph (1), after "issuance of license", deleted "if issued", in Paragraph (2), after "license", deleted "conducted directly by superintendent", in Paragraph (3), deleted "annual" and added "biennial", and after "license", deleted "20.00" and added "60.00"; deleted Subsection X, which related to fees for a security salesperson license and renewal, and redesignated former Subsections Y through DD as Subsections V through AA, respectively; in Subsection W, deleted Paragraph (6); in Subsection X, Paragraph (3), deleted "agent or broker" and added "producer"; in Subsection Y, Paragraph (1), after "original", deleted "individual" and added "business entity", and after "license", deleted "30.00" and added "100.00", deleted Paragraph (2) and redesignated former Paragraphs (3) through (5) as Paragraphs (2) through (4), respectively, in Paragraph (2), deleted "annual" and added "biennial", and after "license", deleted "30.00" and added "200.00", and in Paragraph (3), after "license", deleted "conducted directly by the superintendent"; in Subsection AA, deleted Paragraph (6); and added new Subsections BB and CC.

Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.

The 2014 amendment, effective May 21, 2014, imposed fees for licensure of pharmacy benefits managers, and added Subsection DD.

The 2011 amendment, effective July 1, 2011, added Subsection F to establish fees for agency licenses and affiliations; in Subsection M, added the surplus lines broker license and affiliations title heading; added Subsection O to establish fees for insurance consultant licenses; added Subsection V to establish fees for viatical settlements licenses; eliminated the fee for a signature and seal of the superintendent; and added Subsection CC to establish miscellaneous fees.

The 2003 amendment, effective June 20, 2003 substituted "the following fees" for "and receipt for, and persons so served shall pay to the superintendent, fees, licenses and miscellaneous charges as follows" at the end of the first paragraph; added Subsection Y; in the next-to-last paragraph of the section, deleted "Notwithstanding the fees required in this subsection" at the beginning and substituted "may" for "shall" following "rate-filing fees" in the first sentence and twice in the last sentence of the paragraph; and deleted "Except as to certain appointment fees as specified in Section 59A-11-8 NMSA 1978" at the beginning of the last paragraph of the section.

The 2001 amendment, effective July 1, 2001, added current Subsection J, redesignated the subsequent subsections and added "by all lines of business other then property or casualty" to current Subsection V.