A.
There are three types of administrative review hearings:
1. Appeal hearings;
2. Amendment hearings; and
3. Hearings to set aside a default decision.
B.
APPEAL
HEARINGS
1. An appeal hearing is a
hearing on the merits of the Division's action.
2. A responsible parent may request an appeal
hearing under
19-A M.R.S.
§2451 of:
a. Any action under the Alternative Method of
Support Enforcement;
b. A submittal
to IRS for federal income tax refund offset; and
c. A submittal by the Division to the State
Tax Assessor for state income tax refund offset.
3. "Any action," within the meaning of
19-A M.R.S.
§2451 and
2(a) above
means:
a. A Notice of Debt and demand for
payment based upon a court order (
19-A M.R.S.
§2352) , an administrative decision, or
other order of administrative process;
b. The filing of a lien (
19-A M.R.S. §2357
);
c. The service of an Order to
Withhold and Deliver (
19-A M.R.S.
§2358) , provided the Division has
served the order upon the responsible parent or the responsible parent has
waived service of the order in a record;
d. Notice of Intention to Withhold (
19-A M.R.S.
§2359);
e. Order to Withhold (
19-A M.R.S.
§2359);
f. Administrative seizure and disposition of
property (
19-A M.R.S.
§2363);
g. A demand for immediate payment (
19-A M.R.S.
§2352 [3]);
h. A notice of intended setoff of lottery
winnings issued by the Department of Finance, Bureau of Lottery pursuant to
19-A M.R.S.
§2360;
i. An administrative decision that
establishes or modifies a responsible parent's child support obligation; and
j. A notice of withholding of
gambling winnings pursuant to
8
M.R.S. §§300-B or
1066.
4. The Division may request an
appeal of an administrative decision under
19-A M.R.S.
§2451.
5. The custodial parent may request an appeal
of an administrative decision establishing or modifying a debt under the
Maine Administrative Procedure Act.
6.
Time limits
a.
Agency action
i. The time limit for a parent's request for
an appeal of agency action is 30 days after s/he receives notice of the action.
ii. Notwithstanding this 30 day
time limit, if the responsible parent does not request a hearing within the 20
days provided by
19-A M.R.S.
§§2352 and
2359,
the Division may issue and serve an order to withhold 21 days after the
Division serves a Notice of Intention to Withhold under
19-A M.R.S.
§2359, and may proceed to enforce a debt
21 days after the Division serves a Notice of Debt issued pursuant to
19-A M.R.S.
§2352.
b.
Notice from IRS
A responsible parent may request an appeal hearing in
response to a notice from the Internal Revenue Service ("IRS") that informs him
or her that his or her income tax refund or a portion thereof has been offset
against his or her child support debt. A hearing request must be postmarked no
later than 30 days from the date of the notice from IRS, or delivered to any
office of the Division no later than 30 days from the date of the notice. The
Department may not grant hearing requests that are not made timely.
c.
Notice from State Tax
Assessor
A responsible parent may request an appeal hearing in
response to a notice of intended setoff from the State Tax Assessor. A hearing
request must be postmarked no later than 60 days after the responsible parent's
receipt of the notice of intended setoff, or delivered to any office of the
Division no later than 60 days after the responsible parent receives the
notice.
d.
Notice
from Bureau of Lottery
A responsible parent may request an appeal hearing in
response to a notice of intended setoff of lottery winnings issued by the
Department of Finance, Bureau of Lottery. A hearing request must be postmarked
no later than 15 days after the responsible parent's receipt of the notice of
intended setoff, or delivered to any office of the Division no later than 15
days after s/he receives the notice.
e.
Notice of withholding of gambling
winnings pursuant to
8
M.R.S. §§300-B or
1066
A responsible parent may request an appeal hearing in
response to a notice of withholding of gambling winnings issued by the
licensee. A hearing request must be postmarked no later than 15 days after his
or her receipt of the notice of withholding, or delivered to any office of the
Division no later than 15 days after the responsible parent receives the
notice.
f.
Division
Appeal
The Division must move for an appeal review hearing within
30 days of receiving the decision establishing the support order. The Division
shall send a copy of the hearing request to the parents by regular mail. The
Department shall send a notice of hearing date to the parents as required
below. The hearing date may not be fewer than 15 days or more than 30 days
after the date the Division sends notice to the parents that it is seeking a
review hearing.
7.
Notice of Hearing Date
If a parent requests an appeal hearing, the Division shall
send each party, within seven days of receiving the hearing request and review
affidavit, notice of the date, time, and place of the hearing by certified or
registered mail. The hearing date may not be fewer than 15 days nor more than
30 days after the date the Division receives the hearing request and review
affidavit, unless the rights of any party to the hearing are not affected if
the Division sets a hearing date that is more than 30 days after the date the
Division receives the hearing request and review affidavit. If the parties
agree, the Division may set a hearing date that is fewer than 15 days after the
date the Division receives the hearing request and review affidavit.
C.
AMENDMENT
HEARINGS
1. A parent may request an
amendment hearing based upon an allegation that a substantial change of
circumstances has occurred since an administrative decision that established or
modified the child support obligation was issued. The Department shall consider
any or all of the following a substantial change of circumstances:
a. If a current parental support obligation
established by a decision varies more than 15% from a parental support
obligation determined under
19-A M.R.S.
§2006, provided that the decision did
not deviate from the guidelines pursuant to
19-A M.R.S.
§2007.
b. If a decision does not require the
responsible parent to obtain or maintain health insurance coverage if it is
available at reasonable cost, including a decision in which the responsible
parent was served a Notice of Hearing or Notice of Hearing and Debt before
September 30, 1989.
c. If it has
been three years or longer since the order was issued or modified, the hearing
officer shall review the order without requiring proof or showing of a change
in circumstances, and shall modify the order if the amount of the child support
under the order differs from the amount that would be awarded under the
guidelines, pursuant to
19-A M.R.S.
§2009.
2. The Division may seek to amend an
administrative decision by serving the parents with a Notice of Hearing as
provided for by Chapter 8 of the Manual, above.
3. If a parent requests an amendment hearing
the Division shall send all parties a Notice that states the date, time and
place of the hearing. The Notice to the responsible parent must be sent by
certified mail. The date of the hearing may not be fewer than 15 days from the
date of mailing of the notice, unless by agreement of the parties.
4. The review affidavit accompanying the
request for review must allege a substantial change of circumstances as defined
above. The allegation must state the change of circumstances with sufficient
clarity to adequately notify the other party of the factual claims on which the
allegation is based.
D.
HEARING TO SET ASIDE DEFAULT DECISION
1. A responsible parent may request a hearing
to set aside a default decision as provided for at Chapter 8.13 of the Manual,
above, for good cause shown.
2. If
a responsible parent requests a hearing to set aside a default decision, the
Division shall send the parties a Notice that states the date, time and place
of the hearing. The Notice to the responsible parent must be sent by certified
mail. The date of the hearing may not be fewer than 15 days from the date of
mailing of the Notice, unless by agreement of the parties.
3. The review affidavit accompanying the
review request must state fully and with particularity the responsible parent's
good cause with sufficient clarity to adequately notify the other party of the
factual claims on which the allegation is based. The following circumstances
constitute good cause:
a. A death or serious
illness in the family;
b. A
personal injury or illness which reasonably prevents the party from attending
the hearing;
c. An emergency or
unforeseen event which reasonably prevents the party from attending the
hearing;
d. An obligation or
responsibility which a reasonable person in the conduct of his or her affairs
could reasonably conclude takes precedence over attendance at the
hearing;
e. Lack of receipt of
adequate or timely notice; or
f.
Excusable neglect, excusable inadvertence or excusable
mistake.
