N.M. Admin. Code § 8.50.112.15 - GAMING
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.
Notes
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