New Mexico Register / Volume XXXVII, Issue 1 /
January 13, 2026
This is an amendment to 16.34.16 NMAC Sections 9, 10, 11, effective
1/13/2026.
16.34.16.9 CERTIFIED
LIST: Upon receipt of the Human
Services Division’s (HSD’s) [HSD’s] certified list of obligors not
in compliance with a judgment and order for support, the board shall match the
certified list against the current list of board licensees and applicants. Upon the later receipt of an application for
license or renewal, the board shall match the applicant against the current
certified list. By the end of the month
in which the certified list is received, the board shall report to HSD the
names of board applicants and licensees who are on the certified list and the
action board has taken in connection with such applicants and licensees.
[16.34.16.9 NMAC - Rp 16 NMAC 34.16.9, 6/16/2001; A, 1/13/2026]
16.34.16.10 INITIAL ACTION: Upon determination that an applicant or licensee appears on the certified list, the board shall:
A. commence a formal proceeding under 16.34.16.11 NMAC to take the appropriate action under 16.34.16.8 NMAC; or
B. for current licensees only,
informally notify the licensee that the licensee’s name is on the certified
list, and that the licensee must provide the board with a subsequent statement
of compliance from HSD or any other governing agency by the earlier of
the application for license renewal or a specified date not to exceed [sixty]
60 days; if the licensee fails to provide this statement, the board
shall commence a formal proceeding under 16.34.16.11 NMAC.
[16.34.16.10 NMAC - Rp 16 NMAC 34.16.10, 6/16/2001; A,1/13/2026]
16.34.16.11 NOTICE OF CONTEMPLATED ACTION: Prior to taking any action specified in 16.34.16.8 NMAC, the board shall serve upon the applicant or licensee a written notice stating that:
A. the board has grounds to take such action, and that the board shall take such action unless the licensee or applicant;
(1) mails a letter (certified mail return receipt requested)
within [twenty] 20 days after service of the notice requesting a
hearing; or
(2) provides the board, within [thirty] 30 days
of the date of the notice, with a statement of compliance from HSD or any other
governing agency; and
B. if the applicant or licensee disagrees with the determination of non-compliance, or wishes to come into compliance, the applicant or licensee should contact the HSD child support enforcement division.
[16.34.16.11 NMAC - Rp 16 NMAC 34.16.11, 6/16/2001; A,1/13/2026]