New Mexico Administrative Code

New Mexico Health Care Authority - Child Support Services Division.

New Mexico IV-D cases may be suspended when it is not possible to proceed with the case and the case does not meet federal closure criteria.

IV-D cases may be closed if they meet the federal case closure criteria in 45 CFR 303.11 or they were opened in error.

To the general public. For use by the Title IV-D agency and recipients of IV-D services.

Public Assistance Act, NMSA 1978, Section 27-2-27. The health care authority (HCA) is designated as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV-D of the Social Security Act (42 USC 651 et. seq.). Section 9-8-1 et seq. …

Permanent.

December 30, 2010, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state laws and regulations.

[RESERVED]

The IV-D agency maintains electronic and physical records necessary for the proper and efficient operation of the program.

Records will be retained in accordance with the state's retention schedule for the human services department at 1.18.630 NMAC.

New Mexico Health Care Authority - Child Support Services Division.

A. Notices to obligor of referral to tax-offset program: The IV-D agency or federal office of child support enforcement sends written notice to inform an obligor that due to the amount of the obligor's past-due support the obligor will be referred for a tax refund offset. One or …

In all cases where a time frame is not specifically provided, the appellant has 15 calendar days following the date of mailing of notice by the Title IV-D agency to submit a written request for an administrative hearing. The appellant has 30 days from the date on the pre-offset n…

A. If an appellant requests an administrative hearing the administrative law judge will send a notice of acknowledgment to the appellant and to the respective Title IV-D agency worker. The notice and acknowledgement shall include a statement regarding the timeliness of the reques…

Administrative hearing requests are referred to the central registry in the responding state if the obligor requests a hearing in that state. A. When the obligor, after receiving the FMS offset notice from the other state, contacts the Title IV-D agency worker, the worker may ref…

An owner who is claiming an interest in an undistributed collection has 30 calendar days following the date that the Title IV-D agency denied payment of the undistributed collection to submit a written request for an administrative hearing.

A. A request for hearing must be made in writing. B. The administrative law judge shall acknowledge, in writing, the receipt of a written hearing request, and shall provide the appellant with written acknowledgment of the receipt. C. Upon the request of the appellant, the Title I…

A. The administrative law judge may deny or dismiss a request for hearing when: (1) the request is not received within the specified time period; (2) the situation has been resolved; (3) the request is not made in writing; or (4) a written withdrawal of request for hearing is rec…

As early as possible and not less than 15 days prior to the hearing, written notice is sent by the administrative law judge to all parties involved in the hearing. The notice shall set forth the time, date and place of the hearing. Arrangements will be made to ensure that the hea…

The appellant is given adequate opportunity to review and present evidence that is within the scope of the hearing. A. The appellant may examine all documents to be used at the hearing prior to the date of the hearing, as well as during the hearing. If requested, the Title IV-D s…

To ensure an appellant's rights during the hearing process, the Title IV-D agency shall: A. make available, in a timely manner, without charge, the case documents (excluding any privileged, safeguarded or confidential information) necessary for an appellant or representative to d…

To the general public. For use by the Title IV-D agency and recipients of Title IV-D services.

A. Preliminary conference: A preliminary conference may be scheduled prior to the hearing to discuss the issues concerning the hearing. The preliminary conference is held between the Title IV-D agency worker, the appellant, the Title IV-D attorney if an attorney is representing t…

A. Conduct of a hearing is as follows:(1) all hearings are conducted telephonically; (2) the hearing is not open to the public; (3) the administrative law judge identifies for the record all persons present at the hearing; and (4) the administrative law judge takes administrative…

A. Authority: The hearing decision is based only on the evidence introduced and admitted by the administrative law judge during the hearing. This includes the record of the testimony, all reports, documents, forms, etc., made available at the hearing, provided that the appellant …

The administrative law judge's decision is final and binding on all issues within the scope of a hearing and that have been the subject of a hearing, unless stayed by an appeal or a district court order. A. Decision favorable to appellant regarding offsets:(1) If the administrati…

Either party has the right to judicial review of the administrative law judge's decision or a denial of a hearing issued pursuant to 8.50.130.15 NMAC, unless a written withdrawal of request for hearing was signed by the appellant. If a hearing decision is in favor of the Title IV…

The human services department, Title IV-D agency, has established a hearing process that provides for impartial review of New Mexico state directory of new hires claims against non-complying employers. ( 45 USC 653(d)) . For purposes of these regulations, an employer requesting a…

Public Assistance Act, Section 27-2-27 et seq., NMSA 1978. The health care authority (HCA) is designated as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV-D of the Social Security Act (42 USC 651 et. seq.). Section 9-8-1 …

Permanent.

December 30, 2010, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state law and regulations.

[RESERVED]

Administrative hearings will be provided by the Title IV-D agency in the following situations: A. an obligor requests a review pertaining to income withholding, consumer reporting, an adverse administrative order, eferral for federal tax intercept, referral for state tax intercep…

A. The hearing process provides the appellant notice and an opportunity to assert the appellant's claim. B. Hearing appellant: A hearing "appellant" for the purpose of these regulations is any obligor, obligor's spouse (only in cases involving a state tax intercept), or obligee r…

New Mexico Health Care Authority - Child Support Services Division.

To the general public. For use by the Title IV-D agency and recipients of IV-D services.

Public Assistance Act, NMSA 1978, Section 27-2-27. The health care authority (HCA) is designated as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV-D of the Social Security Act (42 USC 651 et. seq.). Section 9-8-1 et seq. …

Permanent.

December 30, 2010, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state law and regulations.

[RESERVED]

In cases of non-compliance with an administrative subpoena or order, the IV-D agency may levy penalties as provided by these rules. If no response is made to a mailed subpoena or administrative order, it may be personally served and the charges for the service may be awarded agai…

New Mexico Health Care Authority - Child Support Services Division.

The department may make payment or return support to a person reasonably appearing to be entitled to payment, if the support has not already been disbursed to the department as unclaimed property. The owner should immediately contact the department as indicated below in 8.50.132.…

A person, claiming they are owed money or property from the department under this rule, may file a claim on a form prescribed by the department and verified under oath or affirmation by the claimant. A. Within thirty (30) days after a claim is filed, the department shall allow or…

To the general public. For use by the Title IV-D agency and recipients of IV-D services.

Public Assistance Act, Paragraph (5) of Subsection A of Section 27-2-27 NMSA 1978. The health care authority (HCA) is designated as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV-D of the Social Security Act (42 USC 651 e…

Permanent.