Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM
Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS
Section 466-9-014 - UNCLAIMED PROPERTY OFFSET

Universal Citation: 466 NE Admin Rules and Regs ch 9 ยง 014

Current through September 17, 2024

The Uniform Disposition of Unclaimed Property Act, Neb. Rev. Stat. § 69-1301 et seq., authorizes the Department to file a claim against property of an obligor for the purpose of applying it towards the obligor's arrearage under a support order.

014.01 NOTIFICATION FROM DEPARTMENT. If the Department intends to file a claim against property of an obligor under the Uniform Disposition of Unclaimed Property Act, it will send written notice by regular first-class mail to the obligor's last known address informing the obligor of:

(A) The basis for the claim to the unclaimed property;

(B) The intention to apply the unclaimed property towards the obligor's arrearage;

(C) The right to request an administrative review;

(D) The mailing address to send the request for an administrative review; and

(E) The timeframe within which to request an administrative review.

014.02 REQUEST FOR ADMINISTRATIVE REVIEW. The obligor may contest the action against the unclaimed property, by submitting a written request to the Department. The request must be postmarked or personally delivered to the Department within 45 calendar days of the date of the advance notice. A complaint or contest by an obligor is limited to:

(A) An error in the identity of the obligor;

(B) An error in the amount of past due support; or

(C) The non-existence of an order for support.

014.03 CONDUCTING A REVIEW. Upon receipt of a contest or complaint relating to an action against unclaimed property, 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.

014.04 REQUEST FOR AN ADMINISTRATIVE HEARING. To request an administrative hearing relating to an action against unclaimed property, the obligor must send a written request to the Department within 30 calendar days of the date of the review finding. A hearing will be scheduled within 30 calendar days of receipt of the request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.

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