New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 131 - PENALTIES › Section 8.50.131.8 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
In cases of non-compliance with an administrative subpoena or
				  order, the IV-D agency may levy penalties as provided by these rules. If no
				  response is made to a mailed subpoena or administrative order, it may be
				  personally served and the charges for the service may be awarded against the
				  person or entity failing to respond. Monetary penalty amounts shall include the
				  following.
A. For financial
				institutions' failure to execute and return a FIDM reporting election form: One
				hundred dollars ($100) per day commencing on the date the response was due
				until the required information is furnished to the IV-D agency.
B. For failure to file quarterly match or for
				failure to file in proper form: One thousand dollars ($1,000) per day
				commencing on the day the response was due, except in circumstances outside the
				control of the financial institution and approved by the IV-D agency.
C. For failure to comply with a freeze order:
				The amount of any assets released up to the amount of the subpoena or freeze
				order, plus ten percent.
D. For
				failure to comply with a seize order: The amount of any assets released up to
				the amount of the subpoena or seize order, plus ten percent.
E. For failure to comply with an
				administrative subpoena: The value of any assets released up to the amount to
				satisfy judgment, plus ten percent.
F. For failure to comply with an increase in
				the amount of withholding: One hundred dollars ($100) per day, plus the
				amount(s) which was or were not withheld.
G. For failure to comply with an order for
				withholding: One hundred dollars per ($100) day, plus the amount(s) that were
				not withheld.
H. For failure to
				comply with an order for genetic testing: One hundred dollars ($100) per
				day.
I. For failure to comply with
				an order to provide information: One hundred dollars ($100) per day.
J. For failure to comply with any other
				administrative order issued by the IV-D agency: One hundred dollars ($100) per
				day.
K. For obtaining release of
				assets through false statements: One thousand dollars ($1,000) per occurrence,
				plus the value of any assets released. Persons submitting fraudulent material
				may also be referred for criminal prosecution.
L. For deliberate falsification of a
				financial institution data match form: One thousand dollars ($1,000) per
				account plus the value of any assets released. Persons submitting fraudulent
				material may also be referred for criminal prosecution.
M. A reasonable cost may also be levied for
				the expense of an enforcement action under these regulations.
N. The IV-D agency will impose a civil
				penalty of twenty dollars ($20) on employers for each instance of failure to
				comply with the provisions of 8.50.106.18 NMAC, unless the failure is the
				result of a conspiracy between the employer and the employee to not supply the
				required report or to supply a false or incomplete report, in which case the
				penalty will be five hundred dollars ($500) on the employer for each instance.
				An employer may appeal a penalty as provided in 8.50.130 NMAC.