N.M. Admin. Code § 13.21.5.10 - INITIATION OF THE SURCHARGE RATE HEARING
A.
Selection of actuary. No
later than March 1 of each year, the advisory board shall meet with the
superintendent to consult on the selection of an independent actuary to perform
the independent actuarial study of the fund. The actuarial study is to be
completed by August 1 of the year in which the actuary is selected.
B.
Opening the docket. No later
than March 15 of each year, the superintendent shall open a docket in OSI's
electronic docket system for that year's surcharge rate hearing. A docket
number shall be assigned and referenced in all subsequent communications and
filings concerning the surcharge rate hearing.
(1) The superintendent shall file an initial
order setting the surcharge rate hearing between September 15 and September 30
of each year.
(2) The
superintendent shall establish the caption for the docket, which caption shall
be used thereafter for any matters pertaining to the hearing. The caption shall
state the nature of the matter and shall include the docket number.
(3) Every written document that is submitted
to the superintendent or advisory board or exchanged between the parties for
consideration, including pleadings such as motions, responses and objections,
all evidentiary documents and any other filings shall include the caption and
shall be filed to the docket.
C.
Designation of advisory board as
hearing officer. The superintendent's initial order shall designate the
advisory board as the hearing officer in the surcharge rate hearing.
D.
Intervenors. Any person who
claims an interest relating to the surcharge rate hearing, and is so situated
that the hearing may impair or impede the person's ability to protect that
interest, may apply to intervene in the proceeding.
(1) In determining whether to allow or deny
intervention, the advisory board shall consider the nature of the claimed
interest of the applicant, the potential impact of the advisory board's
decision on the applicant's ability to protect that interest, the timeliness of
the application, the potential disruption of the proceedings and prejudice to
existing parties if intervention were allowed.
(2) Whether to allow intervention is at the
sole discretion of the advisory board.
Notes
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