N.M. Admin. Code § 5.7.25.12
Current through Register Vol. 35, No. 24, December 23, 2024
Section 5.7.25.12 - FINAL DETERMINATION AND NOTICE OF OFFSETA. Final determination: A final determination occurs: (1) when the administrative hearing officer makes his decision; or(2) if no request for hearing has been properly and timely submitted, thirty days following the date of the notice provided in accordance with the foregoing Section II [now 5.7.25.9 NMAC]; or(3) upon informal resolution of any dispute as provided in the foregoing Section III H [now Subsection H of 5.7.25.10 NMAC].B. Refunds: Upon final determination of the entitlement of an appellant to any or all of that portion of a refund which has been transferred to the foundation, the foundation shall remit to the appellant from the suspense fund the amount determined to be due together with all such interest as is required by law to be paid and an appropriate accounting. A copy of the accounting shall be sent to TRD.C. Remittances to the foundation: Upon final determination the foundation shall remit to itself from the suspense account that amount determined to be due the foundation or the educational institutions it services, as applicable and shall credit that amount against the debt. Upon such remittance the foundation shall notify the debtor in writing of the final determination of the offset. A copy of the notice shall be sent to TRD. The notice shall include: (1) a final accounting of the refund against which the debt was offset, including the amount of the refund to which the debtor was entitled prior to offset;(2) the final determination of the amount of the debt that has been satisfied and the amount of the debt, if any, still due and owing; and(3) the amount of the refund in excess of the debt finally determined to be due and owing and the amount of any interest due.N.M. Admin. Code § 5.7.25.12