Market Conduct Attorney (OSI #10119080) State of New Mexico - 3.5 Albuquerque, NM Job Details Full-time $40.28 - $64.45 an hour 5 hours ago Qualifications Doctor of Law (JD) Bar Full Job Description Posting Details The OSI enforces New Mexico law on insurance matters, including consumer protections, review of insurance forms and rates for accuracy and fairness, and helps New Mexicans address insurance concerns. We oversee and regulate most kinds of insurance in New Mexico and we license the individuals and agencies that sell insurance in the state.

THIS POSTING WILL BE USED FOR ONGOING RECRUITMENT AND MAY CLOSE AT ANY TIME. APPLICANT LISTS MAY BE SCREENED MORE THAN ONCE.

Why does the job exist? The Market Conduct Examination program is designed to evaluate how insurance companies conduct business with consumers to ensure compliance with laws and to protect the public. The purpose of this position is to work exclusively with the Market Conduct Examination program currently being developed by OSI's Consumer Assistance Division. The position is responsible for supervising the collection and analysis of data from insurance companies to identify potential unlawful practices related to claims processing, underwriting, advertising, billing procedures, rates, forms, and the handling of consumer complaints. The individual in this role will also develop and recommend policies and procedures governing the market conduct program. Additional duties include reviewing and editing market conduct examination reports for structure, uniformity, clarity, and accuracy of technical citations, interpretations, and recommendations. How does it get done? The attorney will work exclusively with the Market Conduct Examination program. The attorney will consult with the Market Conduct Examination staff regarding the practices of insurance companies for compliance with state statutes, regulations, orders, and interpretations. Formulate and recommend policies and procedures to govern a market conduct program, review and edit reports of market conduct examinations for structure, uniformity, clarity and accuracy of technical citations, interpretations and recommendations. The attorney will represent the program during the examination process, draft orders and reports, and represent the agency in administrative enforcements proceedings and external litigation. Advise, administrative and analysis The NAIC Market Conduct Examination handbook indicates best practices involve ensuring that market conduct examinations are conducted in a uniform, standardized, and legally sound manner. Counsel will need to provide OSI staff with advice to ensure OSI proceeds with examinations in a unform and legally sound manner and that all insurance companies subject to an examination are treated in a unform and fair way. Counsel will need to provide analysis to ensure that the examination standards are appropriate in relation to the scope of the examination. Counsel can also provide analysis and advice when information indicates that it is legally appropriate to expand the scope of the examination.- Counsel will need to interact with OSI staff and third-party contractors during the early stages and throughout the process.- Counsel can assist in identifying the areas under examination and the methods that will be used during the examination process. Representing the program during the examination process Counsel will need to actively participate in and, at appropriate times, oversee or provide advice throughout the examination period. This includes participating in periodic meetings with the third-party contractor performing the examination and OSI staff. These meetings will initially cover the scope and methodology of the examination. As the examination progresses, the meeting may cover initial findings by the examiner, determinations of how to proceed in light of the findings, and determinations concerning whether to expand the scope of the examination in light of the preliminary findings. Draft findings may be reviewed by OSI staff and counsel. Counsel will need to interpret whether the findings implicate specific New Mexico insurance code provisions and whether the findings give rise to substantial reason to believe that the examinee has violated New Mexico insurance law(s). Drafting administrative orders and reviewing and editing examination reports Counsel needs to review the third-party examiner¿s report and provide appropriate feedback in light of the applicable New Mexico procedural and substantive law. Counsel will need to apply the law (the New Mexico Insurance Code provisions) to the examination findings in collaboration with the third-party contractor / examiner and with OSI staff to conclude whether sufficient evidence exists or sufficient percentages of deviations from standards exist so as to give rise to a good faith basis to initiate administrative action against the examinee. This requires the attorney to interpret the applicable insurance code provisions against the findings from the examination, the evidence that would be admissible in the administrative process and whether the OSI could meet its burden of proof. If counsel concludes that it is appropriate to proceed with enforcement action, then counsel needs to draft the appropriate pleadings Legal representation in administrative and external litigation Once a determination is made to proceed with enforcement action, counsel represents the OSI's position in front of a hearing officer. This involves collecting all the evidence and determining whether it is admissible and, if so, how to offer it into evidence. Counsel must identify the exhibits the OSI will rely upon. Counsel must identify and prepare the witnesses the OSI will call at the evidentiary hearing. Counsel must anticipate reasonable defenses and prepare in advance to address those defenses. Counsel will need to prepare pleadings memorializing any determination by the hearing officer. Should the examinee appeal, counsel must represent the OSI and defend the administrative determination before a New Mexico District Court. District Court participation is more involved than the administrative hearing process and will demand more attorney time and attention. Counsel will need to file the appropriate pleadings and appear in district court to defendant the OSI position and the administrative decision that was rendered. Who are the customers? Legal services are provided to support the agency's mission in insurance related matters and consumer protection. Ideal Candidate Legal services are provided to support the agency's mission in insurance related matters and consumer protection. Minimum Qualification Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or obtain a limited law license within six (6) months of hire (See Rule 15-304 NMRA). Individuals pursuing the limited law license may not engage in the practice of law until the limited law license has been granted. Employment Requirements All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA). Working Conditions Work is performed in an office setting: late hours, weekends, on-call and callback work may be required. Will be exposed to regular periods of video display terminal and keyboard usage and stressful situations. Travel is required. Possible exposure to irate clientele. Incumbent will work under stress and frequent time constraints. Supplemental Information Do you know what Total Compensation is? Click here

Agency Contact Information:

Susan Widner (505) 627-4679 Email For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement. Bargaining Unit Position This position is not covered by a collective bargaining agreement.