The department shall furnish overdue child support information to consumer reporting agencies or credit bureaus. The department shall give the absent parent written notice before information is released. The notice advising the absent parent that the past-due support may be reported to the credit bureau may be included as part of the preoffset notice of the federal tax refund offset program or may be mailed to the absent parent as a separate form of notice. An absent parent who wishes to contest the accuracy of the information to be released must request an administrative review before the date specified in the notice. If the department receives the request within the time specified in the notice, the absent parent has 15 calendar days to submit written documentation for review by the department. The 15-day period starts with the date the department receives the request for the administrative review. Based on the review of the documentation submitted, the department shall enter a decision establishing the amount of past due support that may be furnished to a consumer reporting agency or credit bureau. The absent parent may appeal the review decision by submitting a written request for a fair hearing within ten days after receiving a copy of the review decision.
S.D. Admin. R. 67:18:01:49.03
General Authority: SDCL 28-7A-3(9).
Law Implemented: SDCL 28-1-65, 28-1-66, 28-1-69, 28-7A-3(9).