N.M. Code R. § 3.25.3.8 – Penalty

A. If any employer who is required by Section 52-5-19 NMSA 1978 to collect the fee imposed by Section 52-5-19 NMSA 1978 on employees from an employee of that employer and pay over that amount to the department fails to do so, the department may assess against the employer the penalty provided by Section 7-1-71 NMSA 1978 in addition to other penalties provided by law. In this instance, the penalty under Section 7-1-71 NMSA 1978 will be assessed, with respect to each employee of the employer, in an amount equal to the fee imposed by Section 52-5-19 NMSA 1978 on employees that the employer failed to withhold and pay over from the employee's wages.
B. This version of Section 3.25.3.8 NMAC is retroactively applicable on May 20, 1992.
[10/3/88, 10/19/92, 4/15/97; 3.25.3.8 NMAC - Rn & A, 3 NMAC 25.3.8, 11/15/01]
HISTORY OF 3.25.3 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:
WC Regulation 19:3, Regulation Pertaining to the Workmen’s Compensation, Section 52-5-19 NMSA 1978 (Penalty), filed 10/3/88.
TRD Rule WC-92, Regulations Pertaining to the Worker’s Compensation Fee, Section 52-5-19 NMSA 1978, filed 10/19/92.
History of Repealed Material: [RESERVED]
NMAC History:
3 NMAC 25.3, Workers’ Compensation Fee - Penalties, filed 4/1/97.
3.25.3 NMAC, Workers’ Compensation Fee - Penalties, filed 11/1/01.