New
Mexico Register / Volume XXX, Issue 13 / July 16, 2019
NOTICE
OF MINOR, NONSUBSTANTIVE CORRECTION
The
New Mexico Human Services Department, Child Support Enforcement Division, gives
Notice of a Minor, Nonsubstantive Correction.
Pursuant
to the authority granted under State Rules Act, Subsection D of Section 14-4-3
NMSA 1978, please note that the following minor, non-substantive corrections to
spelling, grammar and format have been made to all published and electronic
copies of the following rule:
Original
paragraph (1) of Subsection B of 8.50.112.16 NMAC was deleted (due to lack of a
paragraph (2)).
The
Section has been re-formatted to read:
8.50.112.16 ADMINISTRATIVE OFFSET BY THE SECRETARY
OF THE TREASURY:
A. Referral
for administrative offset: federal
administrative offset is utilized to pay support arrearages, including child
support, medical support, and spousal support.
Cases meeting specific criteria are referred to the U.S. department of
treasury’s financial management service.
When referring a case for administrative offset by the secretary of the
treasury, the IV-D agency shall comply with the provision of 31 CFR § 285.1.
B. Notification
of administrative offset: written
advance notice is sent to inform an obligor that the amount of his or her past
due support will be referred to the secretary of the U.S. treasury for
collection by administrative offset. The
notice shall be sent to the obligor’s last address of record with the IV-D
agency. The IV-D agency shall inform the
obligor:
(1) of
the right to contest the department’s determination that past due support is
owed;
(2) of
the right to contest the amount of the past due support;
(3) of
the right to an administrative review; and
(4) of
the procedures and time frame for requesting an administrative review.
C. Contesting
referral for administrative offset: The
obligor has 30 days from the date of notification of a referral for
administrative offset to notify the IV-D agency that he or she contests the referral. The notification issued by the IV-D agency
provides the address and telephone number to be contacted in order for the
obligor to request a hearing to contest the referral.
(1) Upon
receipt of an appeal request from the obligor, a notice is generated by the
administrative law judge and sent to the obligor and the IV-D agency.
(2) The
notice shall set forth the time and place of the administrative hearing. The hearing is conducted in accordance with
8.50.130 NMAC.
[8.50.112.16 NMAC - N, 7/1/2019]
A
copy of this Notification will be filed with the official version of the above
rule.