N.M. Admin. Code § 8.50.130.25 - STATE DIRECTORY OF NEW HIRES PENALTY ASSESSMENT HEARINGS
The human services department, Title IV-D agency, has established a hearing process that provides for impartial review of New Mexico state directory of new hires claims against non-complying employers. ( 45 USC 653(d)) . For purposes of these regulations, an employer requesting a hearing is referred to as an appellant.
A.
Appellant eligibility: The Title IV-D agency established a hearing process for
any individual who meets the following criteria:
(1) any employer who believes he or she has
been erroneously assessed penalties; and
(2) who has been unable to resolve this issue
with the New Mexico state directory of new hires representative at a
preliminary conference.
B. Hearing appellant: A hearing appellant for
the purposes of these regulations is any employer requesting review.
C. Appellant's rights: The right to a hearing
includes the right:
(1) to be advised of the
nature and availability of a hearing and the process to request a
hearing;
(2) to be represented at
the hearing by counsel or other person of the appellant's choice;
(3) to have a hearing that safeguards the
appellant's opportunity to present a case;
(4) to have prompt notice and implementation
of the administrative law judge's decision and
(5) to be advised that the appellant may
request judicial review to the extent such review is available under state law,
and that the Title IV-D agency does not pay for the cost of such proceedings.
D. Penalty assessment
notice: The New Mexico state directory of new hires sends written notice to
inform an employer that penalties have been assessed. Each penalty assessment
notice will:
(1) cite the statutory authority
Section 50-13-4 et seq., NMSA 1978) for
the assessment of the penalty;
(2)
include the name and last four digits of the social security number for each
party not reported;
(3) list the
total amount of penalties assessed;
(4) inform the employer that failure to
report is the basis for penalty and does not require a knowing or deliberate
act on the part of the employer;
(5) inform the employer that conspiracy can
be established by circumstantial evidence;
(6) list requirements for employers to
request a hearing if they disagree with the assessment;
(7) provide the name and business telephone
number of a Title IV-D agency contact to provide additional information or
answer questions relating to the assessment of penalties and to request a
hearing.
E. Time frames
for requesting hearing: The appellant has 30 days from the date on the
penalties assessment notice to submit a written request for a hearing. In order
to be considered timely, the request must be received by the administrative law
judge no later than the close of business on the 30th day. When a timely
request for hearing is received by the administrative law judge, the
administrative law judge notifies the new hires directory, state project
manager immediately so that a preliminary conference can be
scheduled.
F. Notice of hearing:
Upon receipt of a timely request for hearing, written notice is sent by the
administrative law judge to all parties involved in the hearing regarding the
time, date and place of the hearing. Arrangements will be made to ensure that
the hearing process is accessible to and accommodates the appellant. In the
hearing notice, appellants are also given an explanation of the hearing
process, the procedures to be followed for the hearing, and enough time to
secure witnesses or legal counsel. The appellant shall be informed that neither
the department nor the Title IV-D agency pays for representation or legal
counsel for appellant or for any hearings costs, and are provided the name and
business telephone number of a contact who can provide additional information
relating to the assessment of penalties. A hearing may be continued or
rescheduled with the consent of all parties.
G. State directory of new hires
responsibility: To ensure an appellant's rights during the hearing process, the
state directory of new hires staff will:
(1)
upon request, make available in a timely manner the documents necessary for an
appellant or representative to determine whether to request a hearing or to
prepare for a hearing;
(2) upon
request, help appellant submit a written hearing request.
H. Effect of issuance of notice of hearing:
All provisions contained in sections
8.50.130.15,
8.50.130.17,
8.50.130.19,
8.50.130.20 and
8.50.130.22 NMAC apply when a
notice of hearing is issued pursuant to subsection F above.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.