N.M. Admin. Code § 17.4.2.25

Current through Register Vol. 36, No. 1, January 14, 2025

Section 17.4.2.25 - BILLING AND AUDIT REQUIREMENTS

Payment to utilities shall be made only w hen the billings conform to State and Federal requirements, and are in sufficient detail so that each element is clear and its cast understood. Billings received prior to the appropriate authorization letter or that are inadequate or inaccurate shall be returned with appropriate correspondence to the utility.

A. Billings may be submitted on a progressive basis, but shall only include actual costs incurred; billings shall be identified as "first partial," "second partial," "final," etc. In all cases, billings shall be certified by the utility's auditor or person directly responsible for its accuracy.

B. It shall be the responsibility of the utility to ensure that final billings are submitted for payment within ninety (90) days of completion of the utility relocation work. Failure to submit billings within the ninety (90) day period may result in a penalty being assessed against the utility for five hundred dollars ($500.00) for amounts due the utility of twenty-five thousand dollars ($25,000.00) or less, and two and one-half percent (2.5%) for amounts due the utility that exceed twenty-five thousand ($25,000.00).

C. Any reimbursable amounts for utility work that remains outstanding (unpaid) for a period of one year from the date of completion of utility relocation work shall be forfeited by the utility. In such a situation, the Department will disencumber the funds previously authorized for reimbursement and such funds may revert to the state road fund.

D. When the utility performs reimbursable utility work, all utility records and accounts relating to the specific highway project are subject to audit by representatives of the State of New Mexico and the Federal Government for a period of three (3) years from the date of final payment. It shall also be the Department's prerogative to audit billings prior to reimbursement.

N.M. Admin. Code § 17.4.2.25

3/10/71, 11/15/96; Recompiled 12/31/01