New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 3 - EMPLOYMENT SECURITY
Part 400 - TAX ADMINISTRATION
Section 11.3.400.418 - TIME FOR CORRECTION OF ERRONEOUS RATE DETERMINATIONS
Universal Citation: 11 NM Admin Code 11.3.400.418
Current through Register Vol. 35, No. 6, March 26, 2024
A. Where an employer's rate of contribution for any calendar year has been incorrectly determined, the error or omission shall be corrected and the rate adjusted accordingly by the department on its own initiative with notification to the employer at its address of record, within the following periods:
(1) on or
before June 30 of the calendar year in which the erroneous rate determination
was issued if the error was in the determination of benefits chargeable to the
employer's experience rating account;
(2) at any time within the calendar year in
which the erroneous rate determination was issued if the error or omission was
due to the employer's misrepresentation or nondisclosure of a material
fact;
(3) at any time during the
calendar year in which the erroneous rate determination was issued and any time
within the next calendar year if the error or omission was due wholly or in
part to a rate computation.
B. Upon issuance of a corrected rate of contribution, the employer shall have the right to a review and redetermination as provided in Subsection L of Section 51-1-11 NMSA 1978.
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