466 Neb. Admin. Code, ch. 9, § 005

Current through June 17, 2024
Section 466-9-005 - CONSUMER CREDIT REPORTING

The Department may make available to consumer credit reporting agencies information regarding the amount of support owed in a IV-D case if the obligor is in arrears more than $500.

005.01ADVANCE NOTICE TO THE OBLIGOR. The Department will send a one-time advance notice to the obligor regarding the intent to submit information to consumer credit reporting agencies. The advance notice will include:
(A) The county where the support order originated;
(B) The support order number;
(C) The date the amount was reported delinquent;
(D) The total dollar amount to be submitted;
(E) The delinquent amount by judgment type;
(F) Notice that the obligor has 30 calendar days to reduce the arrears to below $500 to avoid submittal to consumer credit reporting agencies;
(G) Information regarding how to request an administrative review; and
(H) The criteria a case must meet to be eligible for review.
005.02REQUEST FOR REVIEW. A request for review must be in writing and either delivered to the Department or postmarked within 15 calendar days of the date of the advance notice. A request for review is limited to whether:
(A) There is an error in the identity of the obligor; or
(B) The arrearage amount is $500 or less.
005.03REVIEW FINDINGS. The Department will notify the obligor of its findings within 30 calendar days of the date the request for a review was received and will advise the obligor of the procedures to request an administrative hearing to appeal the review findings.
005.04REQUEST FOR AN ADMINISTRATIVE HEARING. The obligor may request an administrative hearing to appeal the review findings. The request must be in writing and either delivered to the Department or postmarked within 15 calendar days of the date the review finding was issued. A hearing will be held within 30 calendar days of the receipt of the written request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
005.05SUBMITTAL PROCESS STAYED. The Department will not submit a support order to consumer credit reporting agencies pending the outcome of the review and administrative hearing.
005.06INFORMATION REPORTED TO CONSUMER CREDIT REPORTING AGENCIES. Obligor information is updated with consumer credit reporting agencies on a monthly basis. The Department will submit the following obligor information to consumer credit reporting agencies:
(A) Name;
(B) Address;
(C) Social Security Number (SSN);
(D) Support order number;
(E) Delinquent support amount; and
(F) Monthly support obligation.
005.07DISPUTE TO CONSUMER CREDIT REPORTING AGENCIES. Upon notification from a consumer credit reporting agency that there is a dispute relating to information submitted regarding an obligor's debt, the Department will review the obligor's account. Upon completion of the review, the Department will notify the consumer credit reporting agencies to modify, delete, or block information that is inaccurate, incomplete, or cannot be verified.

466 Neb. Admin. Code, ch. 9, § 005

Amended effective 7/4/2020