Iowa Admin. Code r. 441-98.82

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-98.82 - Offset against payment owed to a person by a state agency

The department will make a claim against a payment owed to an obligor by a state agency when support payments are delinquent as set forth in rule 11-40.1 (8A). A claim against a payment owed to an obligor shall be applied to court-ordered support which the department is attempting to collect pursuant to Iowa Code chapter 25 2B.

(1)Case selection. The department shall submit to the department of administrative services, at least monthly, a list of obligors who are delinquent at least $50 in support payments.

(2)Notification of offset. Within ten days of receiving notification from the department of administrative services that the obligor is entitled to a payment, the department shall:

a. Send a preoffset notice to the obligor. The preoffset notice shall inform the obligor of the amount the department intends to claim and apply to the support obligation and shall contain all information required by Iowa Code subsection 8A.504(2) and 11-subrule 40.4(4).

b. Notify the department of administrative services that the preoffset notice has been sent to the obligor.

(3)Appeal process. An obligor may contest the department's claim by submitting a written request to the department. A hearing shall be granted pursuant to rules in 441-Chapter 7 if the obligor's request is submitted within 15 days of the date of the preoffset notice. Except as specifically provided in this rule, administrative appeals will be governed by 441-Chapter 7. The issue on appeal shall be limited to a mistake of fact. Any other issue may be determined only by a court of competent jurisdiction.

(4)Joint owner. A joint owner's proportionate share of the payment, as determined by the department, shall be released unless other claims are made on that portion of the payment. The department must receive a request for release of a joint owner's share within 15 days of the date of the preoffset notice. The request may be made by either owner.

(5)Final disposition of offset. The department shall notify an obligor of the final decision regarding the claim against the offset by sending a final disposition of support recovery claim notice to the obligor.

(6)Distribution of offset amount. Offsets shall be applied in accordance with rules 441-95.3(252B) and 441-95.4 (252B).

(7)Percentage of payment offset. The amount of offset shall be 50 percent of the total payment due the obligor, unless the payment results from lottery winnings, from gambling winnings, from sports wagering winnings, or from a payment for a claim under treasurer of state rules on unclaimed property at 781-Chapter 9, in which case the amount of offset shall be 100 percent of the payment. The amount taken shall not exceed the delinquent amount owed by the obligor.

This rule is intended to implement Iowa Code sections 252B.3 and 252B.4 and Iowa Code subsection 8A.504(2).

Iowa Admin. Code r. 441-98.82

Amended by IAB February 10, 2021/Volume XLIII, Number 17, effective 4/1/2021