2015 New Mexico Statutes
Chapter 59A - Insurance Code
Section 11 Licensing Procedures, Agents, Solicitors, Brokers, Adjusters and Others
Section 59A-11-6 Examination of applicant.

59A-11-6. Examination of applicant.

Where the applicant for a license is required to take and pass an examination prior to issuance of license applied for, such examinations shall be subject to the following provisions:

A. the examination shall be made available to applicants for particular licenses at least once each month at place or places within New Mexico of convenience designated by the superintendent;

B. the examination shall be prepared by or under authorization of the superintendent and be of such scope as reasonably to test applicant's knowledge of business proposed to be transacted under the license applied for, of his responsibilities as a licensee, and general competence;

C. the examination shall require written answers of the applicant to questions asked. If the applicant so requests, the examination shall be administered in the Spanish language;

D. all examinations shall be given, conducted and graded in a fair and impartial manner, and without unfair discrimination as between individuals examined;

E. an applicant shall not be deemed to have passed the examination unless receiving a grade thereon of not less than seventy (70);

F. any individual who has failed to pass an examination may take another such examination at any subsequent scheduled examination date; except, that an individual who has taken and failed to pass two (2) such examinations shall not be entitled to take another such examination within thirty (30) days after date of last examination failed; and if thereafter the individual fails to pass two (2) more such examinations, the individual shall not be eligible to take any further such examination until after six (6) months from date of last examination failed;

G. an examination application fee, in amount stated in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code, or as provided for under Paragraph I below, shall be paid as to each instance of examination;

H. the superintendent may, at discretion, cause to be prepared and made available to applicants a manual showing general type and scope of examination as to any license for which examination is required; and

I. in lieu of preparing, conducting and grading examinations through insurance department personnel, the superintendent may contract with an established independent agency experienced therein for preparation, conduct and grading of examinations, and in such case the examination fee shall be in reasonable amount as fixed by the superintendent and payable to the examination agency. The examination in such instance shall be prepared, conducted and graded subject to the same requirements and standards as would apply to examination by the superintendent direct.

History: Laws 1984, ch. 127, 185.