The rate of contribution of an employer shall in no case be raised as a penalty for, or as a result of, the late filing of any notice, report or payment of contributions required under Section 51-1-9 NMSA 1978 or any regulations promulgated thereunder. Effective as to all wages for employment paid on and after July 1, 1965, quarterly wage and contribution reports and contribution payments, if not filed on or before the due date as prescribed by the secretary, shall be subject to the following penalties:

A. if the required report for any calendar quarter is not filed within ten days after due date, a penalty of fifty dollars ($50.00) is to be paid by the employer;

B. if the contributions due on such report are not paid in full within ten days after due date, an additional penalty of five percent but not less than twenty-five dollars ($25.00) is to be paid by the employer on any such contributions remaining unpaid;

C. if any payment required to be made by the Unemployment Compensation Law is attempted to be made by check which is not paid upon presentment, a penalty of twenty-five dollars ($25.00) shall be paid by the employer; and

D. in no case shall any penalty as herein provided or as imposed by this section prior to June 30, 1965 be assessed for any quarter prior to the six completed calendar quarters immediately preceding the quarter in which the employer shall be determined subject to the Unemployment Compensation Law; and in no case shall a penalty for late reporting or late payment of contribution be imposed if, in the opinion of the secretary, an employer's late reporting, late payment of contribution, or both, was occasioned by circumstances beyond the control of the employer, who in good faith exercised reasonable diligence in an effort to comply with the reporting and contribution payment provisions of the Unemployment Compensation Law.

History: 1953 Comp., § 59-9-7.3, enacted by Laws 1965, ch. 192, § 1; 1979, ch. 280, § 19; 1981, ch. 354, § 7; 1991, ch. 122, § 7.

Repeals and reenactments. — Laws 1965, ch. 192, § 1, repealed former 59-9-7.3, 1953 Comp., relating to penalty and late payment of contribution, and enacted a new 59-9-7.3, 1953 Comp.

The 1991 amendment, effective April 3, 1991, substituted "fifty dollars ($50.00)" for "five dollars ($5.00)" in Subsection A; substituted "twenty-five dollars ($25.00)" for "five dollars ($5.00)" in Subsection B; inserted present Subsection C; redesignated former Subsection C as present Subsection D; and made a related stylistic change.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 C.J.S. Social Security and Public Welfare § 205.