Current through September 9, 2024
(a)
Prehearing Review by the Support
Enforcement Division and Fair Hearing by the Department
(1) An individual who has been mailed a
notice of action concerning one or more of the following enforcement actions
shall have the right to request a review by the Support Enforcement Division of
the Superior Court:
(A) Withholding of a
refund of federal income taxes in accordance with Section
52-362e-2
of the Regulations of Connecticut State Agencies.
(B) Placement of a lien in accordance with
Section
52-362d-2 of
the Regulations of Connecticut State Agencies.
(C) Reporting of an arrearage to a consumer
reporting agency in accordance with Section
52-362d-3
of the Regulations of Connecticut State Agencies.
(D) Withholding of a refund of state income
taxes in accordance with Section
52-362e-3
of the Regulations of Connecticut State Agencies.
(2) To obtain such a review, an aggrieved
person shall request a review from the Support Enforcement Division within
twenty (20) days of the mailing date of the notice of action.
(3) If the aggrieved person is dissatisfied
with the review decision by the Support Enforcement Division, or the Support
Enforcement Division has taken no action on the request within fifteen (15)
days, the aggrieved person shall have the right to request a fair
hearing.
(4) A fair hearing shall
be requested within sixty (60) days from the mailing date of the notice of
action, regardless of whether the Support Enforcement Division completed its
review.
(5) Failure to request a
review from the Support Enforcement Division shall not preclude the aggrieved
person from requesting a fair hearing within sixty (60) days from the mailing
date of the notice of action.
(b)
Appeals from Account Reviews
Individuals who are aggrieved by an account review decision
have the right to request a fair hearing in accordance with Section 17-603 of
the Connecticut General Statutes and these regulations.
(c)
Defenses for the Child Support
Enforcement Program
Defenses that the aggrieved person may raise at a fair hearing
concerning the withholding of state or federal income tax refunds, placement of
liens, credit bureau reporting, and offset against money payable by the state
include, but are not limited to, those defenses set out in Sections
52-362d-1
and
52-362e-1
of the Regulations of Connecticut State Agencies.
(d)
Rights of Custodial Relative(s) in
Non-AFDC Cases
(1) In non-AFDC cases
only, a copy of the notice of hearing mailed to the aggrieved person, in
accordance with Section
17-603-4 of
these regulations, shall also be mailed to the custodial relative(s) at least
ten (10) days prior to a scheduled hearing.
(2) The custodial relative(s) in non-AFDC
cases only, who attends the fair hearing shall have the same rights as the
aggrieved person, including, but not limited to: legal representation,
testimony, witnesses, exhibits, receipt of the decision and right to
appeal.
(e)
Interstate Cases
(1) In
interstate cases where the obligor resides in another state, the obligor may
request a desk review from this state or an administrative review from the
state with the order upon which the enforcement action is based.
(2) Requests for an administrative review
from the state with the order shall be made through the State of Connecticut.
Within ten (10) days of receipt of such a request, the Department shall notify
the state with the order of the request and provide all necessary information
to that state.
(3) In a case where
another state submits to the IRS a referral for offset on the basis of a
Connecticut court order, and the other state transfers the case to Connecticut
for administrative review, the hearing officer shall schedule the hearing and
render a decision within forty-five (45) days from the receipt of the other
state's request, unless:
(A) the other state's
request is incomplete; or
(B) the
parties request and receive a continuance.
