Section 466-9-012 - CONTESTING CERTIFICATION The obligor may request an administrative review to contest the certification to the U.S. Secretary of Health and Human Services. The request must be made in writing postmarked within 45 calendar days of the date of the notice of intent to certify. The contest and administrative review are limited to:
(A) An error in the identity of the obligor;(B) An error in the amount of past-due support;(C) The non-existence of an order for support; or(D) The non-existence of a support obligation. 012.01CONDUCTING THE ADMINISTRATIVE REVIEW. Upon receipt of a contest or complaint relating to certification to the U.S. Secretary of Health and Human Services, the Department will review the pertinent facts of the case to determine the validity of the obligor's complaint. The obligor will be notified of the Department's findings within 60 calendar days of the date of the receipt of the complaint. The notice of findings will include the procedures for requesting an administrative hearing.012.02REQUEST 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 30 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.012.03NOTIFICATION TO THE U.S. OFFICE OF CHILD SUPPORT ENFORCEMENT. If the administrative review or appeal hearing results in a finding that the delinquent support amount should be reduced or deleted, the Department will notify the U.S. Office of Child Support Enforcement of the deletion or modification within 10 calendar days.012.04REVIEW BY THE STATE WITH THE ORIGINAL ORDER. If the support order is from another state and the complaint cannot be resolved, the obligor may request an administrative review in the state with the original order. 012.04(A)REQUEST MADE BY ANOTHER STATE. If a request is made for review by another state, the Department will notify that state within 10 calendar days of the date of the request. The Department will provide that state with the proper documentation such as a copy of the order and any modifications, a copy of the payment record or the payee's affidavit, and the payee's address for non-Aid to Dependent Children (ADC) and Medicaid-only cases.012.04(B)HEARING NOTIFICATION TO PARTIES. The other state receiving the request to conduct an administrative review is responsible for contacting the necessary parties to advise them of the date, time, and place of the review.466 Neb. Admin. Code, ch. 9, § 012
Amended effective 7/4/2020