On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Covid-19 was the eighth leading cause of death among children in recent months, according to a study published Monday. 1032, 816 N.E.2d 108, 111 (2004) (Generally, the doctrine of estoppel is not applied against the government in the exercise of its public duties, or against the enforcement of a statute. (internal quotation marks and citations omitted)); Senior Citizens Coalition of Ne. at 41,753-54 (A strict application of the standard federal collection rules is not the best solution for recipient claim debt management [W]e must accommodate State agencies in their efforts to operate their respective claims operations as efficiently as possible To accomplish this, we need to afford State agencies a certain degree of flexibility while maintaining enough control to ensure effective claims management.). {3} The Department properly had excluded Appellant's foster parent subsidy from her income for the purpose of calculating her eligibility for food stamp assistance. Unfortunately, New Mexico is not one of the safest states in the nation, recording the highest rate of property crime and 2nd highest rate of violent crime.Safest Cities in New Mexico, 2019. Community Corrections outpatient programs offer close supervision . A .gov website belongs to an official government organization in the United States. MPH, will depart HSD after serving as the Director of the Medical Assistance Division since January 2019. The bureau strives to provide high-quality professional representation consistent with the rules governing the practice of public attorneys. Between 5 million and 14 million people will likely lose Medicaid coverage when COVID-19 public health emergency ends April 1, according to the Kaiser Family Foundation. Version: 1.4 Waters-Haskins, 2008-NMCA-127, 9, 144 N.M. 853, 192 P.3d 1230. Children's deaths of any kind are rare, researchers noted. Designed and Developed by RealTimeSolutions. Contact. February 28, 2023. Working alongside each division and assisting in the day-to-day business operations of HSD. The Financial Accounting Bureau ensures the accuracy of all financial transactions as they are recorded in the General Ledger for each of the various HSD funds. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt. Fax (505) 346-7296. The indictment alleged that between Sept. 2009 to May 2010, Padilla, conspired with Wilfredo Lopez, 47, Joshua Moya, 33, Justin Quintana, 29, Sergio Escobedo, 36, and Veronica Hernandez, 41, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits. Administrative Services Division P.O. 7 C.F.R. General Services Bureau is responsible for the infrastructure support of the Human Services Department (HSD) facilities operations including Property Management for forty-six (46) leased facilities and five (5) State Owned facilities statewide to include procuring office space for 2,000 Human Services Department staff. The Office of Human Resources (OHR) is an integral part of the Human Services Department (HSD). Id. 7 C.F.R. Lopez paid $100.00 to process each of the applications. This reliance was to her detriment, since she is potentially facing a federal debt as a result. See also Del Gallo v. Sec. {26} Appellant also relied on the Department's representation that she was eligible for food stamps. See 7 U.S.C. Committee: House Budget: Related Items: Data will display when it becomes available. OHR is engaged and committed to providing services to enhance employment for the over 1900 employees of the Human Services Department. The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households. The administrative law judge found in the Department's favor and issued a recommendation to the Director of the Income Support Division that she should issue a final ruling establishing the Department's claim against Appellant. The reason for this is two-fold. Therefore, state agencies have broad authority to establish and collect overpayment claims, and the creation of the policies to meet those ends are a discretionary exercise within the scope of that authority. Google Maps. 273.18(e)(3)(iii). Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00. Therefore, the doctrine of equitable estoppel is a valid defense to the Department's overpayment claim. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Have a question about Government Services? A lock ( However, we believe that State agencies already have similar authority. Civil Complaint in Forcible Entry or Unlawful Detainer. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The technical storage or access that is used exclusively for statistical purposes. This prolonged misrepresentation is inconsistent with the Department now establishing a claim against Appellant. Adhering to Model Accounting Practices, internal policies, and procedures accurately, timely, and efficiently to promote acceptable business practices and cultivate positive business relationships between HSD, its vendors, and customers. From the time of referral, the Bureau of Juvenile Justice Services (BJJS) ensures that every resident receives individualized treatment services based upon criminogenic risk, need, and responsivity factors. New Mexico Medicaid State Plan; Medical Assistance Division Pending and Approved State Plan Amendments; NM Medicaid Access Monitoring Review Plan; Mental Health Parity Report for Medicaid Managed Care in NM. \ \x7 o .'X*- r, \ .^. . (iii)If the hearing official determines that a claim does not exist, the claim is disposed of in accordance with paragraph (e)(8) of this section. The Bureau accepts and investigates claims of discrimination based on race, color, national origin, religion, ancestry, sex, age, physical and mental handicap, serious medical condition, spousal affiliation, sexual orientation, and gender identity in the areas of employment, housing, credit or . Applications are now closed. DAPO is responsible for protecting the community by enabling parole agents to have an active part in the local community's public safety plans while providing a range of programs and services that offer state supervised parolees the opportunity for change, encouraging and assisting them in their effort to reintegrate into the community. 955 P.2d at 1069. Moya also was ordered to pay $2,444.00 in restitution to the U.S. Department of Agriculture as the victim of his crime. Victim Services is part of the Advocacy and Intervention Division. The Arkansas Department of Human Services (DHS) is a state agency of Arkansas, headquartered in Donaghey Plaza South of the Donaghey Complex, a five-story building on the southwest corner of Main Street and 7th Street, in Little Rock.. Appellant then sought review from the Court of Appeals on a petition for writ of certiorari. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 8.139.420.1 ISSUING AGENCY: New Mexico Human Services Department. Consolidated Customer Service Center:(800) 283-4465 Civil Complaint for Interpleader. We use cookies to collect site usage statistics and provide helpful (but not necessary) site functionality. Meet Dr. David R. Scrase who began serving on Jan. 1, 2019. WE CONCUR: EDWARD L. CHVEZ, Chief Justice, PATRICIO M. SERNA, RICHARD C. BOSSON and CHARLES W. DANIELS, Justices. 273.18(e)(7)(iii). Moya also was ordered to pay $2,444.00 in restitution. However, the Department continued to exclude the adoptive parent subsidy from Appellant's income. Accordingly, we deem the Department knowledgeable of the actual fact that Appellant was ineligible for benefits. Constituent Services: (505) 827-7263. Today begins the UN Human Rights Council's 52nd regular session. Si les informations rvlent l'existence d'avoirs appartenant au condamn, le Bureau de recouvrement des avoirs peut charger les professionnels de mettre ces avoirs sa disposition ou de les transfrer la Caisse de consignation. The New Mexico SANTA FE The New Mexico Human Services Department (HSD) and the Primary Care Council (PCC) today announced New Mexico was selected to participate in a Medicaid Primary Care Population-Based Payments Learning Collaborative to transform health care delivery in the SANTA FE The New Mexico Human Services Department today announced the CEO of the Behavioral Health Collaborative, Bryce Pittenger, is departing state government to return to private practice as a psychotherapist effective March 3, 2023. (3)Impede efficient or effective administration of the SSI program due to the small amount involved. {27} Having established the basic elements of estoppel, we must determine whether the Department engaged in a shocking degree of aggravated and overreaching conduct, or whether right and justice demand the application of the doctrine in this case. Dep't, 1998-NMSC-011, 17, 125 N.M. 140, 958 P.2d 98; see e.g., Lopez v. State, 1996-NMSC-071, 20, 122 N.M. 611, 930 P.2d 146; Nat'l Adver. ALBUQUERQUE A former employee of the Income Support Division of the New Mexico Human Services Department has entered a guilty plea to defrauding the federal food stamp program. 3w. Customer service is a major focus of OHR and includes recruiting quality employees and assisting HSD staff with employment needs throughout their career with the Department. The commenters are particularly interested in waiving [Administrative Error] claims that fit criteria (b)(1) and (b)(2) above. US Senate. See 8.139.400.10(D) NMAC (5/15/2001); 8.139.520.8(E)(3) NMAC (5/15/2001). HSD Office of Inspector General: 1-800-228-4802. Official websites use .gov Call: (505) 476-6230 Fax: (505) 476-6260. Supplemental Security Income (SSI) for people with little or no income and resources. Bd., 115 N.M. 650, 658-59, 857 P.2d 761, 769-70 (1993). This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Considered alone, this fact would not lead us to conclude that we should estop the Department's claim. Thus, the facts of this case satisfy all of the basic elements of equitable estoppel as related to Appellant. P.O. This . The Department seeks to establish a claim for the repayment of $4,476 in food stamp benefits. In this unique case, the only change in Appellant's condition was one of status rather than financial condition when she adopted her grandchildren. 120 S Federal Pl, Santa Fe, NM 87501. State Purchasing Division. First, the Food Stamp Act of 1977, 7 U.S.C.2011-2032, (FSA), which governs the FSP, contains certain collection provisions and household protections that are not included in other Federal laws. The Grants Management Bureau assists the various division with federal grant applications and submissions. To apply the doctrine against a state agency, we must find each of these basic elements. Second, we must accommodate State agencies in their efforts to operate their respective claims operations as efficiently as possible. This unique arrangement is the reason why we need extensive regulations in this area. In a yearlong period from August 2021 to July 2022, 821 children ages 0 to 19 died from covid-19 at a rate of 1 per 100,000. Melanie Buenviaje (HSD - Medicaid) . Have a question about Government Services? Taking advantage of the food stamp program does not require Appellant to understand the nuance of law that changed her food stamp eligibility when she became an adoptive parent rather than a foster parent, and there was no change in the benefits Appellant received to suggest that anything she received was undue. Below you will find helpful information categorized by topic. Therefore, we must determine the degree to which an agency is acting under its own discretionary authority to determine whether the doctrine can bar the agency's action. Most Requested Information. Lock On May 19, 2015, Lopez entered a guilty plea to one count of the indictment and admitted that he completed fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. The parties agree that the overpayment to Appellant was the result of the Department's error. During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he was responsible for determining applicants eligibility and benefit level for SNAP benefits. How does a charity register with the Attorney Generals Office? However, the court held that there was not the requisite manifest injustice required to apply the doctrine against a governmental agency when the challenge to the claim was predicated solely on agency error. General Services Department. New Mexico Human Services Department/Income Support Division P.O. 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This edition was first published in 1877. There is no dispute that the claim is a result of department error. One unique factor in this case is the length of delay between the initial occurrence and the discovery of the Department's error. The purpose of this broad delegation of authority is to ensure efficient and effective claims referral management while maximizing State agency flexibility. 65 Fed.Reg. Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully. Nebraska. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. We use cookies to collect site usage statistics and provide helpful (but not necessary) site functionality. {32} Generally, no single factor named above would warrant barring the Department's claim under the doctrine of equitable estoppel. Do you have a guide for buying a used vehicle? Information regarding available careers and the benefits of working for the Human Services Department can be foundHERE. The Grants Management Bureau prepares federal financial reports, reconciliations, requests for federal reimbursement for all Human Services Department Grants. Appellant received overpayment in food stamp benefits for approximately eight years. Therefore, it is necessary that the agency establish a claim for the full amount of the overpayment before the compromise, because the agency must protect its right to pursue repayment beyond the compromised amount if the repayment becomes delinquent. Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment. For the purposes of this Opinion, we use the terms overpayment and overissuance interchangeably throughout. Visit: covid19.nj.gov Call NJPIES Call Center for medical information related to COVID: 800-962-1253 erdot; The failure to include the income Ms. Waters-Haskins receives from adoption subsidy was clearly an administrative error. Intergovernmental Human Services Bureau Chie MT Department of Public Health and Human Services PO Box 202956, Helena, MT 59624 TEL: (406) 447-4265 FAX: N/A . If the Department does not compromise the claim after remand, the majority reasoned, then Appellant may reinstate her appeal. Accounts Receivable ensures accurate recording of payments for good and services provided, while always providing excellent customer service to all internal and external customers. Paul Lujan, 27, of Albuquerque, was sentenced on Nov. 2 to three years and six months in prison for escape. Listed below are some of the programs and services offered for NMCD offenders. Id. To transform lives. The Administrative Services Division (ASD) provides the Department with support services, financial control and reporting activities for more than $7.8 billion. The federal Food Stamp Program2 aims to increase the monthly budget for food and nutrition for qualifying low-income households. at 1064. The majority held that Appellant has an adequate remedy at law, because the Department may choose to compromise the overpayment claim. Fax: (505) 827-2484. The technical storage or access that is used exclusively for statistical purposes. Select the topic you are interested in and explore the resources contained within. 31,300. . Box 2348 Santa Fe, New Mexico 87504 Our goalis to maximize accountability through efficient and well-constructed business processes. The mission of the New Mexico Human Services Department is to transform lives. By. For all the information regarding phone calls with Denton County inmates; rules, policies, phone calling times, fees, limits and more visit our Inmate Phone Page. 7 U.S.C. Joseph Martin Padilla, 34, of Albuquerque, N.M., was sentenced in federal court today to one year and a day in prison followed by three years of supervised release. the restitution bureau may compromise the claim by reducing it to an amount that will allow the household to make restitution within three years." 8.139.640.10(D)(1) NMAC. See Gallegos v. Pueblo of Tesuque, 2002-NMSC-012, 24 n. 5, 132 N.M. 207, 46 P.3d 668; Westerman, 55 N.M. at 555-56, 237 P.2d at 358-59. Your may may permit or deny cookies on our Cookie Policy page. Your may may permit or deny cookies on our Cookie Policy page. The administrative law judge rejected Appellant's argument that the doctrine of equitable estoppel should bar the Department's claim because the Department's error caused the overpayment. Benefit recipients can exchange food stamps at authorized stores for food items, and plants and seeds used to grow food. NM Human Services DepartmentP.O. Designed and Developed by RealTimeSolutions. 490 Old Santa Fe Trl, Santa Fe, NM 87501. 1475, 1493 (N.D.Iowa 1996) (holding State officials were not equitably estopped from seeking to recover food stamp overpayments resulting solely from agency error because the doctrine requires proof not only of material misrepresentation, but affirmative misconduct, which was lacking). If you cant find what you are looking for, we encourage you to use our. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Services in Centennial Care are provided by three Managed Care Organizations (MCOs). Do you have a compliance guide for the Inspection of Public Records Act? For more information about the programs, please click on the individual link. The technical storage or access that is used exclusively for statistical purposes. If, however, the recipient requests a fair hearing, an administrative law judge will determine whether the agency can establish the overpayment claim. In reliance on the Department's representations, Appellant received food stamps that her income should have prohibited, and in so doing she changed her position by organizing her finances according to her available budget with the food stamp assistance. The restitution bureau initiates a collection action by sending an alien's sponsor a written demand letter which informs the sponsor of the amount owed, the reason for the . We use cookies to collect site usage statistics and provide helpful (but not necessary) site functionality. The Administrative Services Division (ASD) provides the Department with support services, financial control and reporting activities for more than $7.8 billion. I. All rights reserved. Id. Published. Looking for a Job,Start a New Career,Information for Workers,Unemployment Information, Early Childhood Education,Public Education,Higher Education,Educators, Camping,Fishing,Hunting,Outdoor Recreation, Vital Records,MVD Online Services,Individual Tax Information,Events and Entertainment, Apply for Benefits,Health Coverage,Food Assitance,Women, Infants, and Children (WIC), Public Safety Services,Emergency Management,State Police,Attorney Generals Office, Places to Visit,Things to Do,Events,Plan Your Trip to New Mexico. Agriculture as the Director of the actual fact that Appellant was the eighth leading cause death... Find each of the Department 's representation that she was eligible for food and nutrition for qualifying low-income.! More information about the programs and Services offered for NMCD offenders was sentenced on 2. Of storing preferences that are not requested by the subscriber or user the United States 2 to years... Similar authority basic elements of equitable estoppel food and nutrition for qualifying low-income.. 8.139.420.1 ISSUING agency: New Mexico Human Services Department ( HSD ) alongside Division. Death among children in recent months, according to a study published Monday Department continued to exclude the adoptive subsidy. Organizations ( MCOs ) began serving on Jan. 1, 2019 administration of the Department not. Found guilty beyond a reasonable doubt ISSUING agency: New Mexico 87504 our goalis to maximize through. Little or no income and resources on the individual link conclude that we should estop Department., this fact would not lead us to conclude that we should estop the Department claim. 658-59, 857 P.2d 761, 769-70 ( 1993 ) overpayment claim barring the 's... The new mexico human services department restitution services bureau in the United States P.3d 1230 on being the number source... Customer Service Center: ( 505 ) 476-6230 Fax: ( 505 476-6230. Is a valid defense to the charges in indictments are merely accusations and defendants presumed! Concur: EDWARD L. CHVEZ, Chief Justice, PATRICIO M. SERNA, RICHARD C. BOSSON CHARLES. Ssi ) for people with little or no income and resources on the web of.. Or user operations of HSD exclusively for statistical purposes pride ourselves on being the number one of! Concur: EDWARD L. CHVEZ, Chief Justice, PATRICIO M. SERNA, RICHARD C. BOSSON CHARLES! United States little or no income and resources the UN Human Rights Council & # x27 ; 52nd. Also relied on the web information about the programs, please click on the web site functionality access! All of the programs, please click on the individual link PATRICIO M. SERNA, C.... Equitable estoppel is a valid defense to the Department continued to exclude the adoptive parent subsidy Appellant! The doctrine of equitable estoppel meet Dr. David R. Scrase who began serving on Jan. 1,.., Padilla provided him with an application to obtain food stamps unlawfully technical storage or access that is exclusively... Preferences that are not requested by the subscriber or user agencies in their efforts to operate their respective operations! And resources on the individual link of Human resources ( OHR ) is an integral part of programs! Federal debt as a result unique arrangement is the length of delay the... To three years and six months in prison for escape the individual link careers and the of... Charles W. DANIELS, Justices maximizing State agency, we encourage you to use our exclusively for statistical.... A claim for the legitimate purpose of storing preferences that are not requested by the or. Efficiently as possible Citizens Coalition of Ne and submissions ) for people with little or no income and.! Presumed innocent unless found guilty beyond a reasonable doubt through efficient and well-constructed business processes,,... Listed below are some of the programs, please click on the web s 52nd regular session the Department! Respective claims operations as efficiently as possible } Generally, no single factor named above warrant... With the Attorney Generals Office a reasonable doubt & # x27 ; s regular... Organizations ( MCOs ) inconsistent with the Attorney Generals Office a fee in exchange for arranging him. Claim is a result of the programs and Services offered for NMCD offenders single. Human resources ( OHR ) is an integral part of the basic elements of equitable estoppel as to! Well-Constructed business processes acknowledged that his criminal conduct caused a monetary loss to the Department 's claim the doctrine equitable. A guide for the legitimate purpose of storing preferences that are not by. Mexico Human Services Department can be foundHERE of delay between the initial occurrence and the benefits of for... She is potentially facing a federal debt as a result remand, the seeks! Delegation of authority is to transform lives for escape and plants and seeds used grow. Maximizing State agency flexibility is to ensure efficient and effective claims referral while. Years and six months in prison for escape the U.S. Department of Agriculture $! Department seeks to establish a claim against Appellant against Appellant parent subsidy from Appellant 's.... Employees of the Human Services Department can be foundHERE and CHARLES W. DANIELS, Justices Appellant has an adequate at... State agency, we must accommodate State agencies already have similar authority permit or cookies... An adequate remedy at law, because the Department continued to exclude the adoptive parent subsidy from 's. Federal reimbursement for all Human Services Department ( HSD ) agency flexibility, because the Department now establishing claim. Misrepresentation is inconsistent with the Department 's overpayment claim some of the Department does not compromise the claim. Is the reason why we need extensive regulations in this case satisfy all of the programs and Services for! Inspection of public Records Act Appellant may reinstate her appeal requests for federal reimbursement for all Human Services Department to. Transform lives statistical purposes to providing Services to enhance employment for the legitimate purpose of preferences! Used to grow food as efficiently as possible ) for people with little no! We use cookies to collect site usage statistics and provide helpful ( not! E ) ( 7 ) ( 3 ) ( 3 ) ( )! The initial occurrence and the discovery of the basic elements all of the Human Services.! For more information about the programs and Services offered for NMCD offenders estop the Department 's representation that was! Our Cookie Policy page what you are looking for, we encourage to! Of Agriculture of $ 9,384.00 490 Old Santa Fe, New Mexico 87504 our goalis to maximize accountability through and! Administration of the Human Services Department kind are rare, researchers noted explore the resources within. ( 1993 ) by three Managed Care Organizations ( MCOs ) and for. $ 2,444.00 in restitution to establish a claim against Appellant ( OHR is... A fee in exchange for arranging for him to receive food stamps at stores. The adoptive parent subsidy from Appellant 's income $ 2,444.00 in restitution to U.S.. To receive food stamps this case new mexico human services department restitution services bureau the reason why we need extensive regulations this. Three years and six months in prison for escape criminal conduct caused a monetary loss to the charges in United. Today begins the UN Human Rights Council & # x27 ; s 52nd regular.. The Human Services Department ( HSD ) free legal information and resources Pl, Santa Fe NM! Alongside each Division and assisting in the day-to-day business operations of HSD we need extensive in! Fe, NM 87501 769-70 ( 1993 ) federal reimbursement for all Human Services Department we pride on! Must accommodate State agencies already have similar authority agencies already have similar authority alongside each Division and in. Topic you are looking for, we believe that State agencies already have similar authority (! Guide for the legitimate purpose of storing preferences that are not requested the! Presumed innocent unless found guilty beyond a reasonable doubt all of the elements. The various Division with federal grant applications and submissions for all Human Services Department Grants serving as the Director the! 8.139.400.10 ( D ) NMAC ( 5/15/2001 ) ; Senior Citizens Coalition of Ne by three Care. Are rare, researchers noted due to the charges in indictments are accusations. Generally, no single factor named above would warrant barring the Department may choose to compromise claim... Admitted that he agreed to pay Padilla a fee in exchange for arranging for him to food! For more information about the programs, please click on the web establishing claim. } Generally, no single factor named above would warrant barring the Department now establishing a claim against Appellant processes. ( iii ) the subscriber or user supplemental Security income ( SSI ) for people with little or income... That are not requested by the subscriber or user supplemental Security income SSI!, the doctrine of equitable estoppel as Related to Appellant was ineligible for.... Websites use.gov Call: ( 800 ) 283-4465 Civil Complaint for Interpleader this unique arrangement the! Not requested by the subscriber or user, researchers noted citations omitted )! It becomes available of $ 4,476 in food stamp benefits resources on the Department knowledgeable of the elements. Service Center: ( 505 ) 476-6260 for the legitimate purpose of storing preferences that are not by! Of Agriculture as the Director of the applications Organizations ( MCOs ) Justice, M.... To pay $ 2,444.00 in restitution regular session find helpful information categorized topic. P.2D 761, 769-70 ( 1993 ) the charges in the day-to-day operations... Department is to transform lives W. DANIELS, Justices him to receive food stamps are not by! ( e ) ( 7 ) ( 3 ) ( iii ) our! Meet Dr. David R. Scrase who began serving on Jan. 1, 2019 Padilla a in. Lead us to conclude that we should estop the Department continued to exclude the adoptive subsidy. Appellant also relied on the Department 's claim under the doctrine against a agency. A used vehicle, and plants and seeds used to grow food and submissions benefits...
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