10- 144 C.M.R. ch. 351, § 12-5

Current through 2024-44, October 30, 2024

Section 144-351-12-5 - ISSUES THAT MAY BE CONSIDERED AT ADMINISTRATIVE REVIEW HEARINGS

This section specifies the issues that the Department may consider at administrative review hearings. The issues specified are the only issues the parties may litigate at hearing. The Department may not render a decision on issues that are not specified in this section.

A.Notice of Debt ( 19-A M.R.S. §2352 ) (see also Chapter 10, above)

1. Whether the responsible parent is in receipt of public assistance for the benefit of any of the responsible parent's natural or adopted children during the period(s) for which the responsible parent's support debt is calculated;

2. Uncredited cash payments claimed by the responsible parent;

3. The amount of the debt accrued and the rate at which it accrues;

4. The accuracy of the terms of the court order or administrative decision as stated in the Notice of Debt;

5. Whether the responsible parent is liable for medical expenses incurred because the responsible parent did not obtain or maintain health insurance coverage;

B.Submittal to IRS for federal income tax refund offset

1. Whether the debt amount set forth in the Division's pre-offset notice is a correct statement of the debt that has accrued under or been established by a court order or administrative decision;

2. Whether there is a Court Order prohibiting collection. NOTE: a Court order setting regular payments on arrears does not limit the use of a tax refund intercept for enforcement of a liquidated debt;

3. Whether the Division is authorized or required by state or federal law to submit the debt, or may do so pursuant to an application or contract for support enforcement services with an individual in connection with past-due non-TANF related child support or alimony; and

4. Whether the responsible parent and the Division have executed a written agreement that expressly exempts the responsible parent from submittal for federal income tax refund offset of the debt on which the submittal is based, provided the written agreement pre-dates the Division's pre-offset notice, and the responsible parent has fully complied with the written agreement up to the date of the pre-offset notice.

C.Notice from the State Tax Assessor of intended setoff

1. Whether the debt amount set forth in the notice is a correct statement of the debt that has accrued under or been established by a court order or administrative decision; and

2. Whether the responsible parent and the Division have executed a written agreement that expressly exempts the responsible parent from setoff by the State Tax Assessor for the debt on which the setoff is based, providing that the responsible parent has fully complied with the written agreement up to the date of the notice of intended setoff.

D.Administrative decision (appeal hearing)

Whether the decision was made incorrectly based on the evidence submitted at the hearing and the requirements of this Manual. Evidence not part of the hearing record may be considered at the appeal hearing only if the evidence was offered but incorrectly excluded at the hearing.

E.Administrative decision (amendment hearing)

Whether there is a substantial change of circumstances as defined in this Chapter. If there is a substantial change of circumstances, the hearing is conducted in accordance with 19-A M.R.S. §2304(3).

F.Administrative decision (hearing to set aside a default decision)

Whether the responsible parent has good cause, as defined in this Chapter, for failure to request a hearing or failure to appear and a meritorious defense as to why the decision should be set aside. If the responsible parent establishes good cause and a meritorious defense, the Department shall set aside the default decision and render a decision based on the evidence introduced at the hearing and the provisions of this Manual.

G.Certificate of lien ( 19-A M.R.S. §2357 )

1. Whether the requirements of 19-A M.R.S. §2357 have been met; and

2. Whether the debt amount set forth in the certificate of lien is a correct statement of the debt that has accrued under or been established by a court order or administrative decision.

H.Order to withhold and deliver ( 19-A M.R.S. §2358 )

1. Whether the applicable requirements of §2358 have been met;

2. Whether the debt amount set forth in the order to withhold and deliver is a correct statement of the debt that has accrued under or been established by a court order or administrative decision; and 3. Whether the responsible parent is in receipt of public assistance for the benefit of any of his/her natural or adopted children when the order is served on the employer or other payor of earnings, except that a debt may be collected from nonrecurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor. Lump sum income includes, but is not limited to, personal injury awards, lottery winnings, inheritances and tax refunds. NOTE: a Court order setting regular payments on arrears does not limit the use of a lump sum intercept for enforcement of a liquidated debt.

I.Notice of Intention to Withhold ( 19-A M.R.S. §2359 )

1. The accuracy of the terms of the court order or administrative decision as stated in the Notice of Intention to Withhold;

2. Whether the debt amount set forth in the Notice is a correct statement of the debt that has accrued under or been established by a court order or administrative decision;

3. Uncredited cash payments claimed by the responsible parent;

4. Whether the responsible parent is liable for uninsured medical expenses;

5. Whether the responsible parent is liable for medical expenses incurred because the responsible parent did not obtain or maintain health insurance coverage;

6. The responsible parent's identity, except that the responsible parent may not raise the issue of identity solely because of a difference between the name as set forth in the notice of debt or the records of the Department or other governmental agency on whose behalf the notice has been issued, and as set forth in the court order or administrative decision on which the notice of debt is based; and 7. Whether the responsible parent is in receipt of public assistance for the benefit of any of his natural or adopted children during the period(s) for which the support debt is calculated.

J.Administrative seizure and disposition of property ( 19-A M.R.S. §2363 )

1. Whether the applicable requirements of §2363 have been met;

2. Whether the responsible parent is in receipt of public assistance for the benefit of any of his natural or adopted children when the property is seized, except that such seizure is permitted against nonrecurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor; and 3. Whether the property seized is exempt from attachment.

K.Demand for immediate payment ( 19-A M.R.S. §2352 [3])

Whether the Division's demand for immediate payment is based upon a reasonable belief that collection of the debt is in jeopardy.

L.Notice of intended setoff of lottery winnings ( 19-A M.R.S. §2360 )

1. Whether the debt is liquidated; and

2. Whether post-liquidation events have affected the winner's liability.

M.Order to appear and disclose ( 19-A M.R.S. §2361 )

Whether the responsible parent owes $500 or more in overdue child support, if amount has been owed for at least 60 days and if the responsible parent is not making reasonable, regular payments to reduce the debt.

N.Order to seize and sell ( 19-A M.R.S. §2203 )

1. Whether the responsible parent owes a support debt;

2. Whether the support debt could be satisfied in whole or in part by the property seized;

3. The percentage share of ownership of all persons claiming an ownership interest in the property;

4. The amount of the debtor's interest in the property that is exempt, and 5. The value of the interest in the property owned by non-obligor parties with an interest superior to that of the department.

O.Notice of caretaker relative and change of payee ( 19-A M.R.S. §2204 )

Whether the child for whom support is owed is receiving TANF with a caretaker relative.

P.Notice of withholding of gambling winnings ( 8 M.R.S. §§300-B and 1066 )

1. Whether the debt is liquidated; and

2. Whether any post-liquidation events have affected the obligor's liability.

10- 144 C.M.R. ch. 351, § 12-5