New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 130 - ADMINISTRATIVE HEARINGS
Section 8.50.130.13 - CONTESTING TAX REFUND INTERCEPT IN RESPONDING INTERSTATE CASES
Current through Register Vol. 35, No. 18, September 24, 2024
Administrative hearing requests are referred to the central registry in the responding state if the obligor requests a hearing in that state.
A. When the obligor, after receiving the FMS offset notice from the other state, contacts the Title IV-D agency worker, the worker may refer the obligor to the state that issued the notice. However, if the obligor contacts the Title IV-D agency as the last resort because he or she cannot get assistance from the other state, the worker may contact the other state, or refer the obligor to central registry and central registry staff will contact the other state.
B. If a request from the obligor for an administrative hearing in New Mexico is received and the case was submitted based on another state's order, a review of the arrearage computation submitted for tax intercept and the underlying documentation, and any new evidence provided by the appellant is completed, and an attempt is made to resolve the complaint. If the complaint cannot be resolved by the Title IV-D agency worker and the obligor requests an administrative hearing in the initiating state, the other state is notified by the New Mexico Title IV-D agency of the request and all necessary information is provided within 10 days of the obligor's request for an administrative hearing.
C. The initiating state is responsible for all procedures required for conducting a hearing within that state.
