A. If certification of a self-insurer is withdrawn by the director, the private employer shall not be considered a self-insurer during any appeal of that determination. The private employer shall therefore obtain any necessary coverage from other sources pending resolution of the appeal.

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Terms Used In New Mexico Statutes 52-8-10

  • 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.

B. Certification of a self-insurer may be withdrawn by the director in accordance with regulations he adopts. The regulations shall consider the following as grounds for termination:

(1)     the employer no longer meets the requirements, financial or otherwise, of being a qualified self-insurer;

(2)     the self-insurer engages in or induces workers to engage in fraudulent practices;

(3)     the self-insurer fails to comply with rules and regulations of the director; or

(4)     the self-insurer fails to maintain a sufficient fund balance, in which event certification shall be withdrawn effective the date that the fund balance is insufficient.