Conn. Agencies Regs. § 52-362d-3

Current through December 27, 2024

Section 52-362d-3 - Reporting overdue support to consumer reporting agency

(a)Definitions

As used in this section:

(1) "CRA" means consumer reporting agency (commonly known as "credit bureau"); a private company which collects, classifies, and distributes information to merchants, lending institutions, collection agencies, or public agencies involved in granting credit or collecting on an account.

(2) "Overdue support" shall have the meaning given to it under section 52-362j of the Connecticut General Statutes.

(3) "Participating" means, with respect to a CRA, one which has consented in writing to the procedures established by the department for the reporting of overdue support in accordance with subsection (b) of section 52-362d of the Connecticut General Statutes, and agreed to receive and act on such information in compliance with all applicable laws and regulations of the state of Connecticut.

(b)Submittal criteria

(1) In general

Submittal to a participating CRA of information regarding the amount of overdue support owed by an obligor in a IV-D case is appropriate provided:

(A) the total amount of overdue support is at least $1,000.00 in such case,

(B) a notice of action is mailed to the obligor prior to reporting any information to a CRA, and

(C) the obligor is given an opportunity for a fair hearing prior to reporting any information to a CRA.

(2) Exception

Notwithstanding subdivision (1) of this subsection, overdue support information shall not be reported under this section if a court or family support magistrate makes a specific finding that such information shall not be reported.

(c)Procedure

(1) List of obligors

On a monthly basis, the department shall compile a list of all obligors who owe overdue support of at least $1,000.00 on any one case.

(2) Notice of action

The department shall mail to each obligor identified in accordance with subdivision (1), above, whose information has not already been reported to a CRA, a notice of action which complies with the provisions of subsection (b) of section 52-362d of the Connecticut General Statutes, provided the obligor has not previously received a notice of action concerning the proposed reporting.

(3) Prehearing review

Information shall not be reported to a CRA if the results of a prehearing review indicate that the case is not appropriate for such action.

(4) Fair hearing

If a fair hearing is not requested, information shall be reported no earlier than sixty days after the mailing date of the notice of action. If a fair hearing is requested, information shall not be reported unless the fair hearing is denied or dismissed, or a decision which upholds the proposed reporting is rendered.

(5) Reporting

(A) Initial submittal

The department shall report to any participating CRA in accordance with the provisions of a signed letter of agreement information regarding past-due and overdue support owed by obligors whose cases meet the submittal criteria identified in subsection (a) of this section.

(B) Monthly update

On a monthly basis, the department shall provide to each CRA that received an initial submittal updated information concerning each reported obligor.

(C) Confidentiality

No identifying information concerning the family to whom or for whom support is owed shall be reported to any CRA.

(6) Information verification

(A) CRA requests

BCSE central office staff shall receive and respond within five working days to requests from CRAs for verification of information supplied to such CRAs.

(B) Obligor requests

The local BCSE or SED office shall receive and respond within five working days to requests from obligors for verification of information supplied to a CRA. Such offices shall also provide, at the obligor's request and upon satisfactory verification, a statement that such obligor is no longer in arrears.

Conn. Agencies Regs. § 52-362d-3

Effective November 28, 1994; Amended June 8, 1998; Amended July 10, 2000