Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 351 - Maine Child Support Enforcement Manual
Chapter 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION
Section 144-351-12-2 - TYPES OF ADMINISTRATIVE REVIEW HEARINGS

Universal Citation: 10 ME Code Rules § 144-351-12-2

Current through 2024-52, December 25, 2024

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.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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