New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 7 - TUITION AND FINANCIAL AID
Part 25 - TAX REFUND INTERCEPT PROGRAM REGULATIONS
Section 5.7.25.10 - PROCESSING OF ADMINISTRATIVE HEARING REQUESTS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Written request: All requests for administrative review must be made in writing.
B. Submittal deadline: All requests for administrative review must be received at the foundation within 30 days of the date of the applicable notice. Failure to submit a request within the prescribed time will be deemed a waiver of the opportunity to contest the offset and to a hearing.
C. Debtor/appellant: The person against whom an educational loan judgment debt is claimed shall be known as the "debtor". The person submitting a request for administrative review shall be the person whose tax refund has been offset, or his or her spouse, and shall be known as the "appellant" in the administrative review process.
D. Grounds for administrative review: The grounds for administrative review shall be limited to the following:
E. Filing of requests for administrative review: The foundation loan servicing representative (LSR) responsible for the debtor's account will receive the request for administrative review submitted by the appellant and shall file the request in the debtor's loan file.
F. Acknowledgement of receipt of request for administrative review: The LSR will, upon receipt of the appellant's request for administrative review, send the appellant an acknowledgment of receipt of the request and will file a copy of the acknowledgment in the debtor's loan file. The acknowledgment may be combined with a notice of rejection of the request under the following subparagraph G [now Subsection G of 5.7.25.10 NMAC], a notice of informal resolution under the following subparagraph H [now Subsection H of 5.7.25.10 NMAC], or notice of submission of the request to the administrative hearing officer under the following subparagraph I [now Subsection I of 5.7.25.10 NMAC].
G. Rejection of request for administrative review: The LSR shall review the appellant's request for administrative review to determine if the request specifies an allowable ground for review as provided in the foregoing subparagraph D [now Subsection D of 5.7.25.10 NMAC]. If the appellant has failed to specify an allowable ground for review, the LSR will prepare and send to the appellant a notice that the request has been rejected for such failure. The LSR will file a copy of this notice in the debtor's loan file. A request for administrative review which has been rejected shall be treated as if no request had been submitted.
H. Informal resolution by LSR: If the request for administrative review specifies an allowable ground for review, the LSR shall check for possible error and attempt to resolve the request prior to formal hearing, as follows:
I. Submission of hearing request to administrative hearing officer: When the appellant has specified an allowable ground for administrative review and the LSR makes a determination of no error, or a determination of error does not fully resolve the appeal and a dispute remains, the LSR shall transmit the appellant's hearing request to the administrative hearing officer together with such information as may be requested by the hearing officer.