10- 144 C.M.R. ch. 351, § 8-10

Current through 2024-44, October 30, 2024
Section 144-351-8-10 - HEARING DECISION

If a hearing is held, the Department shall render a decision based on the hearing record and applicable state laws and rulemaking. If the responsible parent does not appear at the hearing, or does not timely request a hearing, the Department shall issue a decision that incorporates the findings of the proposed support order. The Department shall send a copy of the decision to both parents by regular mail. Service is complete upon mailing and the parents are presumed to have received the decision within three (3) days of mailing. The Department shall send the copies to the last known address of each parent. The decision must establish and state:

A. The responsible parent's duty to provide support, the amount of the current parental support obligation, the amount of any debt for past necessary support including medical expenses, the obligation of the responsible parent to maintain health insurance coverage for the dependent child or children and pay a proportionate share of uninsured medical expenses, and that the responsible parent must provide written proof to the Department of health insurance coverage that is required by the decision within 15 days of the responsible parent's receipt of the decision;
B. That if an obligation for current support is established, an order for immediate income withholding is issued and made a part of the decision;
C. That thirty days after the decision is issued, the Department may enforce the decision by any lawful means, including lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, license revocation, unemployment intercept, tax refund intercept, and any other action available. If a decision includes an immediate income withholding order, the Department may implement the withholding order to collect current support immediately after the decision is issued. If a debt for past necessary support is established, the department may report the responsible parent and the amount of the debt to a consumer credit reporting agency;
D. That if the responsible parent does not maintain health insurance coverage when required to do so by the Department, the responsible parent may be held liable for all medical expenditures made by the Department or the custodial parent on behalf of the dependent child or children;
E. That if the responsible parent appeared at the hearing, he or she may appeal the decision within 30 days of the date of mailing of the decision by requesting an administrative review hearing.

10- 144 C.M.R. ch. 351, § 8-10