N.M. Admin. Code § 11.3.300.324

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.3.300.324 - COLLECTIONS

A. Deferred collections: From time to time, the department may, at its discretion determine that is it not economically efficient to actively pursue collection of certain overpayments due to the claimant's situation or the department's resources. The department may cease or forbear active collection activities for either finite period or an indefinite period depending on the circumstances. However, overpayment debts will remain on the department's books as an obligation owed by the claimant to the department. The department's discretion in this matter is final.

B. Money collected by the department with respect to an overpayment or civil penalty will be applied in the following order unless specifically directed otherwise:

(1) costs incurred by the department to pursue collection of the overpayment or civil penalty;

(2) the principal amount of the overpayment;

(3) the portion of the civil penalty equal to fifteen percent of the overpayment amount which will be deposited in the Unemployment Compensation Fund set forth in Section 51-1-19 NMSA 1978; and

(4) the portion of the civil penalty equal to ten percent of the overpayment of the amount which will be deposited in the employment security department fund created pursuant to Section 51-1-34 NMSA 1978.

N.M. Admin. Code § 11.3.300.324

11.3.300.324 NMAC - N, 01-01-2003; A, 11-15-2012; A, 07-31-2013, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018