15 Alaska Admin. Code § 125.222

Current through September 25, 2024
Section 15 AAC 125.222 - Genetic testing in conjunction with the determination of paternity
(a) Upon receipt of the results of the genetic test required by AS 25.27.165, the agency will serve by first class mail a copy of the results on the putative father, the mother, and the child's legal custodian if the child's legal custodian is not the child's mother or putative father. With the test results, the agency will send the parties a notice of the date for an administrative review and the deadline for submission of evidence or argument under this subsection. The parties may submit evidence or argument concerning the determination of paternity within 10 days after the date the agency mailed the notice to the parties.
(b) If the test results received under (a) of this section establish a presumption of parentage under the standard set in AS 25.20.050(d), and unless the agency orders additional genetic testing under (d) of this section, the agency will issue an administrative review decision that finds that the putative father is the child's father. The agency will issue the administrative review decision within 20 days after the agency's receipt of the test results.
(c) If the test results received under (a) of this section do not establish a presumption of parentage under the standard set in AS 25.20.050(d), the agency will issue an administrative review decision that finds nonpaternity. The agency will issue the administrative review decision within 20 days after the agency's receipt of the test results, unless the agency orders additional genetic testing under (d) of this section.
(d) A party may request, in writing, a second genetic test within 10 days after the genetic test results are mailed to the parties under (a) of this section. If the agency receives a timely request and advance payment of all costs of a second genetic test from a party, the agency will order a second genetic test. The agency will provide to the parties copies of the results obtained under this subsection and a notice of the deadline for submission of additional evidence or argument under this subsection. The parties may submit additional evidence or argument concerning the determination of paternity within 10 days after the test results are mailed to the parties. If a second genetic test is requested under this subsection, the agency will issue an administrative review decision under (b) or (c) of this section within 20 days after the agency's receipt of the second genetic test results.

15 AAC 125.222

Eff. 10/1/98, Register 147; am 6/15/2001, Register 158

Authority:AS 25.27.020

AS 25.27.140

AS 25.27.165