New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS
Section 8.50.112.15 - GAMING
Current through Register Vol. 35, No. 18, September 24, 2024
The Title IV-D agency and the gaming board work cooperatively to intercept racetrack and/or gaming machine payouts for debts collected by the Title IV-D agency.
A. State law authorizes the Title IV-D agency to place a lien on delinquent obligor's gaming machine payouts. Lists of delinquent obligors are provided by the Title IV-D agency to the gaming control board on a monthly basis. The racetrack licensees research the names of winners of $1,200 or more per payout against the list provided to the gaming control board by the Title IV-D agency. The racetrack licensee then notifies the Title IV-D agency of any matches. The Title IV-D agency must notify the racetrack licensee within seven business days (excluding weekends and state holidays) and provide 90 days or until such time as the administrative process is completed, so long as the process is completed within 90 days.
B. If the gaming machine winner is an obligor verified by the Title IV-D agency as owing a debt to or collected by the Title IV-D agency, the Title IV-D agency has 90 days to complete an administrative action against the winner, unless the winner agrees to an extension of the time or the administrative law judge extends the time. The Title IV-D agency shall notify the winner by mailing a copy of the notice of administrative lien to the obligor at the last known address of record with the Title IV-D agency via registered mail. The notice of administrative lien shall notify the obligor that obligor has 15 days from the date of the receipt of the notice to contest or appeal the administrative lien. The notification sent to the obligor provides the address and telephone number. If the obligor does not contest the notice of administrative lien within the required timeframe, a notice for release of funds is mailed to the racetrack licensee within five business days after the expiration of the obligor's deadline to request a timely hearing, instructing the racetrack licensee to forward the gaming machine payout to the Title IV-D agency. If the obligor contests the notice of administrative lien and timely requests a hearing, an administrative hearing will be conducted in accordance with 8.50.130 NMAC. The Title IV-D agency shall notify the racetrack licensee within five business days of the ruling of any hearing held in accordance with this section.
