New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 7 - TUITION AND FINANCIAL AID
Part 33 - TAX REFUND INTERCEPT BY NEW MEXICO HIGHER EDUCATION DEPARTMENT
Section 5.7.33.12 - FINAL DETERMINATION AND NOTICE OF OFFSET

Universal Citation: 5 NM Admin Code 5.7.33.12

Current through Register Vol. 35, No. 18, September 24, 2024

A. Final determination: A final determination occurs:

(1) when the administrative hearing officer makes his decision; or

(2) if no request for hearing has been properly and timely submitted, thirty days following the date of the notice provided in accordance with 5.7.33.9 NMAC; or

(3) upon informal resolution of any dispute as provided in Subsection G of 5.7.33.10 NMAC.

B. Refunds: Upon final determination of the entitlement of an appellant to any or all of that portion of a refund which has been transferred to the department, the department shall remit to the appellant from the suspense fund the amount determined to be due together with all such interest as is required by law to be paid and an appropriate accounting. A copy of the accounting shall be sent to TRD.

C. Remittances to the department: Upon final determination the department shall remit to itself from the suspense account that amount determined to be due the department, as applicable and shall credit that amount against the debt. Upon such remittance the department shall notify the debtor in writing of the final determination of the offset. A copy of the notice shall be sent to TRD. The notice shall include:

(1) a final accounting of the refund against which the debt was offset, including the amount of the refund to which the debtor was entitled prior to offset;

(2) the final determination of the amount of the debt that has been satisfied and the amount of the debt, if any, still due and owing; and

(3) the amount of the refund in excess of the debt finally determined to be due and owing and the amount of any interest due.

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