Albuquerque, New Mexico
Market Conduct Attorney (OSI #10119080)
Job details
- Location
- Albuquerque, New Mexico
- Work type
- Onsite
- Compensation
- $83,782 - $134,056/yr
- Posted
- Sep 22, 2026
- Apply on
- careers.share.nm.gov
About this role
Salary
$40.28 - $64.45 Hourly
$83,790 - $134,063 Annually
This position is a Pay Band C11
Posting Details
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 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?
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?
Ideal Candidate
Minimum Qualification
Employment Requirements
Working Conditions
Supplemental Information
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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
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