Current through 2024-38, September 18, 2024
This section specifies the issues that the Department may
consider at administrative review hearings. The issues specified are the only
issues the parties may litigate at hearing. The Department may not render a
decision on issues that are not specified in this section.
A.
Notice of Debt (
19-A M.R.S.
§2352) (see also Chapter 10,
above)
1. Whether the responsible parent is
in receipt of public assistance for the benefit of any of the responsible
parent's natural or adopted children during the period(s) for which the
responsible parent's support debt is calculated;
2. Uncredited cash payments claimed by the
responsible parent;
3. The amount
of the debt accrued and the rate at which it accrues;
4. The accuracy of the terms of the court
order or administrative decision as stated in the Notice of Debt;
5. Whether the responsible parent is liable
for medical expenses incurred because the responsible parent did not obtain or
maintain health insurance coverage;
B.
Submittal to IRS for federal income
tax refund offset
1. Whether the debt
amount set forth in the Division's pre-offset notice is a correct statement of
the debt that has accrued under or been established by a court order or
administrative decision;
2. Whether
there is a Court Order prohibiting collection. NOTE: a Court order
setting regular payments on arrears does not limit the use of a tax refund
intercept for enforcement of a liquidated debt;
3. Whether the Division is authorized or
required by state or federal law to submit the debt, or may do so pursuant to
an application or contract for support enforcement services with an individual
in connection with past-due non-TANF related child support or alimony;
and
4. Whether the responsible
parent and the Division have executed a written agreement that expressly
exempts the responsible parent from submittal for federal income tax refund
offset of the debt on which the submittal is based, provided the written
agreement pre-dates the Division's pre-offset notice, and the responsible
parent has fully complied with the written agreement up to the date of the
pre-offset notice.
C.
Notice from the State Tax Assessor of intended setoff
1. Whether the debt amount set forth in the
notice is a correct statement of the debt that has accrued under or been
established by a court order or administrative decision; and
2. Whether the responsible parent and the
Division have executed a written agreement that expressly exempts the
responsible parent from setoff by the State Tax Assessor for the debt on which
the setoff is based, providing that the responsible parent has fully complied
with the written agreement up to the date of the notice of intended setoff.
D.
Administrative
decision (appeal hearing)
Whether the decision was made incorrectly based on the
evidence submitted at the hearing and the requirements of this Manual. Evidence
not part of the hearing record may be considered at the appeal hearing only if
the evidence was offered but incorrectly excluded at the hearing.
E.
Administrative decision
(amendment hearing)
Whether there is a substantial change of circumstances as
defined in this Chapter. If there is a substantial change of circumstances, the
hearing is conducted in accordance with
19-A
M.R.S. §2304(3).
F.
Administrative
decision (hearing to set aside a default decision)
Whether the responsible parent has good cause, as defined
in this Chapter, for failure to request a hearing or failure to appear and a
meritorious defense as to why the decision should be set aside. If the
responsible parent establishes good cause and a meritorious defense, the
Department shall set aside the default decision and render a decision based on
the evidence introduced at the hearing and the provisions of this
Manual.
G.
Certificate of lien (
19-A M.R.S. §2357
)
1. Whether the requirements of
19-A M.R.S. §2357 have
been met; and
2. Whether the debt
amount set forth in the certificate of lien is a correct statement of the debt
that has accrued under or been established by a court order or administrative
decision.
H.
Order
to withhold and deliver (
19-A M.R.S.
§2358)
1. Whether the applicable requirements of
§2358 have been met;
2.
Whether the debt amount set forth in the order to withhold and deliver is a
correct statement of the debt that has accrued under or been established by a
court order or administrative decision; and 3. Whether the responsible parent
is in receipt of public assistance for the benefit of any of his/her natural or
adopted children when the order is served on the employer or other payor of
earnings, except that a debt may be collected from nonrecurring lump sum
income, as defined in
22
M.R.S. §3762(11)(A), of
a responsible parent while that parent is an assisted obligor. Lump sum income
includes, but is not limited to, personal injury awards, lottery winnings,
inheritances and tax refunds. NOTE: a Court order setting regular
payments on arrears does not limit the use of a lump sum intercept for
enforcement of a liquidated debt.
I.
Notice of Intention to Withhold (
19-A M.R.S.
§2359)
1. The accuracy of the terms of the court
order or administrative decision as stated in the Notice of Intention to
Withhold;
2. Whether the debt
amount set forth in the Notice is a correct statement of the debt that has
accrued under or been established by a court order or administrative
decision;
3. Uncredited cash
payments claimed by the responsible parent;
4. Whether the responsible parent is liable
for uninsured medical expenses;
5.
Whether the responsible parent is liable for medical expenses incurred because
the responsible parent did not obtain or maintain health insurance
coverage;
6. The responsible
parent's identity, except that the responsible parent may not raise the issue
of identity solely because of a difference between the name as set forth in the
notice of debt or the records of the Department or other governmental agency on
whose behalf the notice has been issued, and as set forth in the court order or
administrative decision on which the notice of debt is based; and 7. Whether
the responsible parent is in receipt of public assistance for the benefit of
any of his natural or adopted children during the period(s) for which the
support debt is calculated.
J.
Administrative seizure and
disposition of property (
19-A M.R.S.
§2363)
1. Whether the applicable requirements of
§2363 have been met;
2.
Whether the responsible parent is in receipt of public assistance for the
benefit of any of his natural or adopted children when the property is seized,
except that such seizure is permitted against nonrecurring lump sum income, as
defined in
22
M.R.S. §3762(11)(A), of
a responsible parent while that parent is an assisted obligor; and 3. Whether
the property seized is exempt from attachment.
K.
Demand for immediate payment (
19-A M.R.S.
§2352 [3])
Whether the Division's demand for immediate payment is
based upon a reasonable belief that collection of the debt is in
jeopardy.
L.
Notice
of intended setoff of lottery winnings (
19-A M.R.S.
§2360)
1. Whether the debt is liquidated;
and
2. Whether post-liquidation
events have affected the winner's liability.
M.
Order to appear and disclose (
19-A M.R.S.
§2361)
Whether the responsible parent owes $500 or more in overdue
child support, if amount has been owed for at least 60 days and if the
responsible parent is not making reasonable, regular payments to reduce the
debt.
N.
Order to
seize and sell (
19-A M.R.S.
§2203)
1. Whether the responsible parent owes a
support debt;
2. Whether the
support debt could be satisfied in whole or in part by the property
seized;
3. The percentage share of
ownership of all persons claiming an ownership interest in the
property;
4. The amount of the
debtor's interest in the property that is exempt, and 5. The value of the
interest in the property owned by non-obligor parties with an interest superior
to that of the department.
O.
Notice of caretaker relative and
change of payee (
19-A M.R.S.
§2204)
Whether the child for whom support is owed is receiving
TANF with a caretaker relative.
P.
Notice of withholding of gambling
winnings (
8
M.R.S. §§300-B and
1066
)
1. Whether the debt is liquidated;
and
2. Whether any
post-liquidation events have affected the obligor's liability.
