Sec. 07.07.15.03. Administration Referral to the MVA

A. The Administration may send to the MVA information regarding child support cases in which:

(1) The Administration is providing services under Title IV-D of the Social Security Act, 42 USC §651 et seq.; and

(2) The obligor is 60 days or more out of compliance with the most recent court or administrative order.

B. Before reporting information to the MVA, the Administration shall send written notice of the proposed action to the last known address of the noncustodial parent.

C. The written notice shall:

(1) Include the support enforcement agency's address and telephone number;

(2) Contain the following noncustodial parent identification information:

(a) Full name,

(b) Last known address,

(c) Social Security number,

(d) Child support case number, and

(e) Arrearage amount as of the date of the written notice;

(3) Advise the noncustodial parent of the:

(a) Opportunity and procedures for entering into an arrearage payment schedule agreement as described in Regulation .04 of this chapter;

(b) Right to a reasonable opportunity to contest the Administration's proposed action by requesting an investigation by the Administration as described in Regulation .05 of this chapter; and

(c) Procedures to request an investigation.

D. The Administration may not send information to the MVA if:

(1) An arrearage payment schedule agreement has been negotiated under Regulation .04 of this chapter, and the noncustodial parent is in compliance with that agreement and with any court order embodying the terms of that agreement; or

(2) The Administration has received a proper and timely request for an investigation from the noncustodial parent, as specified in Regulation .05B of this chapter, and, after completion of the investigation, or completion of any subsequent appeal to OAH, the Administration has determined that a claim specified in Regulation .05C of this chapter is valid.

E. If an arrearage payment schedule agreement is not reached or the noncustodial parent's request for an investigation is not postmarked within 30 days of this notice, the Administration may report the noncustodial parent's information to the MVA.