North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 71 - ADULT AND FAMILY SUPPORT
Subchapter T - CHILD SUPPORT ENFORCEMENT
Section 71T .0104 - HEARINGS AS MANDATED BY THE SET OFF DEBT COLLECTION ACT

Universal Citation: 10A NC Admin Code 71T .0104

Current through Register Vol. 38, No. 18, March 15, 2024

Counties shall adhere to the following procedures:

(1) Within 30 days of the date of the mailing of the notice of proposed set-off action, an absent parent may request a hearing; This request shall be in writing and mailed or delivered to the address set forth in the notice;

(2) If the county which is responsible for management of the absent parent's case has a county-operated IV-D program, then the hearing shall be conducted by a hearing officer designated by the Director of the Division of Social Services;

(3) If the county which is responsible for management of the absent parent's case has a state-operated IV-D program, the Office of Administrative Hearings shall conduct the hearing and the hearing procedures specified in Ch. 150B, Article 3 and 26 NCAC Chapter 3 shall apply;

(4) The hearing shall be conducted at the local IV-D agency in the county which is responsible for management of the case whenever feasible or other suitable location as designated by the hearing officer;

(5) All hearings under this Rule and under G.S. 105A-8, the Set-Off Debt Collection Act, shall be conducted in accordance with G.S. 150B, Article 3, the Administrative Procedure Act, and 10 NCAC 01B .0200, or 26 NCAC Ch. 3 as appropriate.

Authority G.S. 105A-8; 110-128; 143B-153;
Eff. February 1, 1980;
Amended Eff. March 1, 1990; May 1, 1989; January 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 20, 2017.

Disclaimer: These regulations may not be the most recent version. North Carolina 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.