Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM
Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS
Section 466-9-012 - CONTESTING CERTIFICATION
Universal Citation: 466 NE Admin Rules and Regs ch 9 ยง 012
Current through September 17, 2024
The obligor may request an administrative review to contest the certification to the U.S. Secretary of Health and Human Services. The request must be made in writing postmarked within 45 calendar days of the date of the notice of intent to certify. The contest and administrative review are limited to:
(A) An error in the identity of the obligor;
(B) An error in the amount of past-due support;
(C) The non-existence of an order for support; or
(D) The non-existence of a support obligation.
012.01
CONDUCTING THE ADMINISTRATIVE REVIEW. Upon receipt of
a contest or complaint relating to certification to the U.S. Secretary of
Health and Human Services, the Department will review the pertinent facts of
the case to determine the validity of the obligor's complaint. The obligor will
be notified of the Department's findings within 60 calendar days of the date of
the receipt of the complaint. The notice of findings will include the
procedures for requesting an administrative hearing.
012.02
REQUEST FOR AN
ADMINISTRATIVE HEARING. The obligor may request an administrative
hearing to appeal the review findings. The request must be in writing and
either delivered to the Department or postmarked within 30 calendar days of the
date the review finding was issued. A hearing will be held within 30 calendar
days of the receipt of the written request. The obligor will be notified of the
hearing results within 15 calendar days of the hearing.
012.03
NOTIFICATION TO THE U.S.
OFFICE OF CHILD SUPPORT ENFORCEMENT. If the administrative review
or appeal hearing results in a finding that the delinquent support amount
should be reduced or deleted, the Department will notify the U.S. Office of
Child Support Enforcement of the deletion or modification within 10 calendar
days.
012.04
REVIEW BY
THE STATE WITH THE ORIGINAL ORDER. If the support order is from
another state and the complaint cannot be resolved, the obligor may request an
administrative review in the state with the original order.
012.04(A)
REQUEST MADE BY ANOTHER
STATE. If a request is made for review by another state, the
Department will notify that state within 10 calendar days of the date of the
request. The Department will provide that state with the proper documentation
such as a copy of the order and any modifications, a copy of the payment record
or the payee's affidavit, and the payee's address for non-Aid to Dependent
Children (ADC) and Medicaid-only cases.
012.04(B)
HEARING NOTIFICATION TO
PARTIES. The other state receiving the request to conduct an
administrative review is responsible for contacting the necessary parties to
advise them of the date, time, and place of the review.
Disclaimer: These regulations may not be the most recent version. Nebraska 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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