New Mexico Statutes 59A-18-13.5. Review of health insurance or plan rates; appeal to court of appeals from superintendent
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A. In a matter arising from an order of the superintendent on appeal pursuant to Section 59A-18-13.3 N.M. Stat. Ann., an aggrieved party may appeal to the court of appeals.
Terms Used In New Mexico Statutes 59A-18-13.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
B. The court of appeals shall consider the superintendent’s order on appeal and reverse the order only if the court determines:
(1) after evaluation of the record of evidence as a whole, that the superintendent’s decision was not based on substantial evidence as to whether the proposed rates are reasonable, actuarially sound and based on reasonable administrative expenses;
(2) that the superintendent’s decision was arbitrary, capricious or an abuse of discretion; or
(3) that the superintendent’s decision on appeal is otherwise not in accordance with law.