Section 144-351-24-2 - MISTAKE OF FACT; AFFIRMATIVE DEFENSESA responsible parent may claim a mistake of fact or assert affirmative defenses after the issuance of a NMSN.
A.Claims. To claim a mistake of fact or assert affirmative defenses the responsible parent must tell the Division in writing why the responsible parent believes he or she is not subject to the NMSN. Affirmative defenses must be asserted within 30 days of the date of mailing of the order to the responsible parent. The Department shall not review affirmative defenses that are asserted more than 30 days from the date of mailing of the order. A claim of mistake of fact supported by documentation that tends to prove the responsible parent's claim may be made at any time. If a responsible parent claims a mistake of fact, the responsible parent must provide the Division with documentation that tends to prove the claim if such documentation is reasonably available. All claims must be sent to the Division's representative who issued the NMSN. All claims received by the Division's representatives must be forwarded without undue delay to that person's immediate supervisor for review.B.Review. A District Supervisor or other qualified individual employed by the Division shall review each claim received without undue delay. A review must consist of an objective evaluation of all available evidence that indicates whether the claimant is a responsible parent subject to the order or whether the NMSN was issued in error. The District Supervisor or other qualified individual shall take reasonable steps to investigate the factual bases of any affirmative defenses raised by the claimant. Upon completing a review and/or investigation the District Supervisor or other qualified individual shall compile a record of the claim that consists of the claim itself and all evidence considered as part of the review. Based upon the record compiled, the District Supervisor or other qualified individual must prepare a written report that contains recommended findings and a recommended decision. The report must be issued to the responsible parent and the Division's Regional Manager or other qualified individual designated by the Division's Director. The report issued to the responsible parent must include a notice that the responsible parent may comment or provide additional evidence to the Division's Regional Manager or other individual designated by the Division's Director within 30 days. After the comment period ends, the Regional Manager or other designated individual must issue a final decision without undue delay.C.Appeal. The issuance of a final decision under this section is final agency action for purposes of 5 M.R.S.A. §11001. The decision must inform the responsible parent of the right to judicial review.10- 144 C.M.R. ch. 351, § 24-2