N.M. Stat. § 59A-32-11
Action by superintendent.
The superintendent, whenever any matter is referred to him under the Motor Vehicle
Assigned Risks Law [59A-32-1, 59A-32-3 to 59A-32-13 NMSA 1978], shall review all
information available to him and relating to the matter, including information available to
him and relating to the matter, including information available to him from his records,
the records of the motor vehicle division of the transportation department and other
sources, and based upon his consideration of such information and the record of any
hearing which he may in his discretion call and conduct informally, the superintendent,
in his reasonable discretion, may: refuse to approve any application for assignment of
risk; approve the rejection of any application by any insurer concerned; refuse to
approve the renewal to reassignment of an existing policy; or take such other action as
he shall determine to be fair and reasonable under all the circumstances. All testimony
and other evidence on which the superintendent bases any action under the Motor
Vehicle Assigned Risks Law shall be filed of record in the insurance department. Any
such action by the superintendent shall be by order in writing, directed to the parties
affected and filed of record in the insurance department.