Sec. 07.07.10.04. Appeals

A. Appeal Rights and Restrictions.

(1) A certified noncustodial parent has the right to appeal the intercept of all or part of a lottery prize.

(2) An appeal shall be conducted according to COMAR 07.01.04.

(3) A noncustodial parent may claim on appeal that either the:

(a) Arrearage certified does not exist; or

(b) Arrears are less than the amount intercepted.

B. Decisions and Remedies.

(1) The decision shall be mailed to the noncustodial parent and representative and, in a non-TCA case, the custodial parent. The decision shall include a statement of the noncustodial parent's right to a judicial review of the decision.

(2) If a prize is to be paid in a series of payments, and the arrears are not entirely eliminated by the first intercept, the Administration shall notify the Agency of its decision.

(3) If the Administration determines that no arrears exist, the Administration shall pay the full amount of the intercept to the noncustodial parent within 30 days of the date of that determination.

(4) If the Administration determines that the intercept is in excess of the arrears as of the date of the review of the record or of the hearing, the Administration shall remit the excess amount to the noncustodial parent within 30 days of the date of the decision.

(5) If, in a non-TCA case, the administrative law judge determines that the intercept, or part of the intercept, is due to the custodial parent, the Administration shall remit the amount to the custodial parent within 15 days after expiration of the period of appeal to the circuit court. If the case is appealed to the circuit court, the Administration shall distribute the intercepted amount as ordered by the court.