A. An individual development account program shall be terminated if the:

Terms Used In New Mexico Statutes 58-30-10

  • Contract: A legal written agreement that becomes binding when signed.

(1)     department determines that the program is not being operated pursuant to the provisions of the contract between the program administrator and the secretary, the Individual Development Account Act or rules adopted pursuant to that act;

(2)     provider of the program no longer retains its status as a program administrator; or

(3)     program administrator chooses to cease providing an individual development account program.

B. Upon termination of an individual development account program, the secretary shall administer the program until a qualified program administrator is selected to administer the program. If, after a reasonable period, the secretary is unable to identify and certify a program administrator to assume the authority to continue to operate a terminated individual development account program, money in a reserve account shall be deposited into the individual development accounts of the account owners for whom the proportionate share of the reserve account was established as of the first day of termination of the program.