1. A. Where a license is required under the Insurance Code [Chapter 59A NMSA 1978] for categories referred to in Section 59A-11-1 NMSA 1978, application by an individual shall be filed with, and on a form prescribed by, the superintendent. The application shall be signed by the applicant, under oath if required by the form.

2. B. The application form may require information about the applicant as to:

   1. (1) name, date of birth, social security number or individual taxpayer identification number, residence and business address, if applicable;
   2. (2) personal history, business experience in general;
   3. (3) experience or special training or education in the kind of business to be transacted under the license applied for;
   4. (4) previous licensing;
   5. (5) type of license applied for and kinds of insurance or transactions to be covered thereby;
   6. (6) proof of applicant's identity; and
   7. (7) such other pertinent information and matters as the superintendent may reasonably require.
3. C. The application form shall also require information as to additional matters expressly required to be included therein in articles of the Insurance Code relating to particular licenses.
4. D. The application shall be accompanied by the applicable license application filing fee specified in Section 59A-6-1 NMSA 1978 and by the fee specified in such fee schedule for any examination required under the Insurance Code to be taken and passed by the applicant prior to licensing.
5. E. The superintendent may require a criminal history background investigation of the applicant for a license by means of fingerprint checks by the department of public safety and the federal bureau of investigation.
6. F. The superintendent may obtain from the department of public safety and the federal bureau of investigation, at the expense of the applicant for a license, criminal history information concerning each applicant, using the applicant's fingerprints or other identifying information. The information shall be used by the superintendent solely in determining whether to grant the application.

History: Laws 1984, ch. 127, § 181; 1999, ch. 272, § 3; 1999, ch. 289, § 4; 2001, ch. 297, § 1; 2003, ch. 202, § 4; 2021, ch. 70, § 2.

ANNOTATIONS

Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.

For existing forms and filings, see same catchline in notes following 59A-5-21 NMSA 1978.

The 2021 amendment, effective June 18, 2021, allowed submission of an individual taxpayer identification number as an alternative to a social security number in certain applications for a license under the Insurance Code; and in Subsection B, Paragraph B(1), after "social security number", added "or individual taxpayer identification number".

The 2003 amendment, effective June 20, 2003, in Subsection A, deleted "and furnished" following "a form prescribed", deleted "and by or on behalf of the proposed principal where expressly required in the form" at the end; deleted Subsection C pertaining to an application for license as insurance agent being accompanied by appointment of the applicant as agent by at least one insurer; and deleted Subsection D pertaining to the principal or principal's representative certifying in writing as to his knowledge of the applicant; and redesginated former Subsections E to H as present Subsections C to F; and deleted "by bond where expressly required under other provisions of the Insurance Code" following "Section 59A-6-1 NMSA 1978" in present Subsection D.

The 2001 amendment, effective June 15, 2001, added Subsections G and H.

The 1999 amendment, effective June 18, 1999, updated statutory references in Subsections A and F; deleted "now or hereafter" following "a license is" in the first sentence of Subsection A; and deleted "and length of time a resident of New Mexico, if applicable" at the end of Subsection B(1).

Cuban citizen residing in New Mexico is eligible to be licensed as a life insurance agent. 1962 Op. Att'y Gen. No. 62-133.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 66 to 68.

Regulation or control of insurance agents or brokers, 10 A.L.R.2d 950.

44 C.J.S. Insurance § 85 et seq.