N.M. Admin. Code § 8.50.130.23 - IMPLEMENTATION OF DECISIONS
The administrative law judge's decision is final and binding on all issues within the scope of a hearing and that have been the subject of a hearing, unless stayed by an appeal or a district court order.
A. Decision favorable to appellant regarding
offsets:
(1) If the administrative hearing
results in a deletion of, or decrease in, the amount referred for tax
intercept, the tax intercept unit notifies the OCSE within 10 business days of
the administrative hearing.
(2) If,
as a result of the administrative hearing, an amount which has already been
offset is found to have exceeded the amount of past-due support owed, the
TitleIV-D agency refunds the excess amount to the obligor promptly, and reports
the refund to the OCSE. In joint return cases, the refund check is made payable
to both parties.
B.
Decisions regarding liens on lottery, gaming, or FIDM: The Title IV-D agency
will take appropriate action in accordance with the decision of the
administrative law judge. If the administrative law judge rules in favor of the
appellant, the Title IV-D agency will take action to fully or partially release
a freeze order or administrative lien, as appropriate. If the administrative
law judge rules in the agency's favor, the Title IV-D agency will proceed to
have the funds routed for distribution to the obligor's case(s) or held by the
Title IV-D agency until all appeals relevant to the action have been
exhausted.
Notes
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