Section 144-351-12-7 - UNCREDITED CASH PAYMENTS; NOTICE TO PAY THE PAYOR OF PUBLIC ASSISTANCE DIRECTLYA. "Uncredited cash payments" within the meaning of 19-A M.R.S. §2352(1)(G)(2) and the Manual means money paid by the responsible parent for child support for which the responsible parent has not received credit. To receive credit, the responsible parent must have paid the child support by cash, check, money order, or other form of cash payment. Payment must have been made to the TANF recipient or other person or entity, other than the payor of public assistance, expressly named in the court order or administrative decision as the obligee for child support. The Department may not credit the responsible parent for money that the responsible parent sends to a recipient or other obligee named in a support order if the money is forwarded to and received by the payor of public assistance by the recipient or named obligee during the period(s) for which the Division seeks to obligate the responsible parent for child support. The Department may not consider as uncredited cash payments things of value other than money, regardless of to whom given, unless a court expressly authorizes or requires the responsible parent to transfer things of value other than money to satisfy the child support obligation.B. If a responsible parent intends to introduce evidence of uncredited cash payments at an appeal hearing on a notice of debt or pre-offset notice of submittal for federal income tax refund intercept, s/he must advise the Division of the particulars of any such claim in the review affidavit, and must set forth the claim itself as a ground for the review. The Division's Notice of Debt and pre-offset notice must advise the responsible parent of this requirement. If a responsible parent does not set forth the particulars of a claim for uncredited cash payments in the review affidavit, the Division will be granted a continuance so that it may consider the particulars of the claim before the hearing. The parties may choose to waive the continuance.C. At a hearing in which support is assigned under state or federal law, if it appears more likely than not that the responsible parent was notified that no credit for child support would be given for monies not paid directly to and received by the payor of public assistance, the Department may not credit the responsible parent for uncredited cash payments made after the date of the notice. If the Department or other payor of public assistance credited the responsible parent for uncredited cash payments in a prior hearing decision, the decision shall be considered adequate notice that support must be paid directly to the payor of public assistance in order to receive credit.D. The notice referred to in sub-section C, above, may be oral or in a record. If oral, notice may be by telephone or in person. If in a record, notice may be through electronic means, or by computer generated notice, letter, or included as part of a Notice of Debt issued under 19-A M.R.S. §2352.E. Proof or acknowledgment of service of a Notice of Debt issued under 19-A M.R.S. §2352 or a Notice of Intention to Withhold issued under 19-A M.R.S. §2359 which contains the substance of the notice described in sub-section C, above, is presumptive proof that the responsible parent received adequate notice that in order to receive credit s/he must pay the payor of public assistance directly. A copy of a letter or other writing addressed to the responsible parent that states the substance of the notice described in sub-section C is presumptive proof that s/he received adequate notice. Adequate notice is also presumed if the Division's records show that the responsible parent was sent a computer generated notice that contains the substance of the notice described in sub-section C, provided that the notice was sent to the responsible parent's address of record (as evidenced by the Division's computer system) at the time the notice was issued.F. Notwithstanding any provision of sub-sections D and E, above, the Division shall confirm in writing within 10 days any oral notice to the responsible parent to pay the payor of public assistance directly. If oral notice is not confirmed in a record within 10 days of the date oral notice is given, the notice to the responsible parent is effective from the date of the confirmation in a record.10- 144 C.M.R. ch. 351, § 12-7