Sec. 07.07.15.05. Noncustodial Parent's Request for an Investigation

A. A noncustodial parent may contest the Administration's proposed action by requesting an investigation.

B. A request for an investigation shall be effective only if it is:

(1) In writing;

(2) Signed by the noncustodial parent; and

(3) Submitted to the Administration postmarked within 30 days of the date on the notice of the Administration's intent to report information to the MVA.

C. A noncustodial parent may request an investigation only on a claim that:

(1) The support obligation does not exist;

(2) Amounts specified in the notice are incorrect and the noncustodial parent is less than 60 days out of compliance with the most recent support order;

(3) Suspension of the noncustodial parent's license or privilege to drive would be an impediment to the obligor's current or potential employment because a driver's license is required by the employer to perform the duties of the job;

(4) Suspension of the noncustodial parent's license or privilege to drive would place an undue hardship on the obligor because of the noncustodial parent's documented disability resulting in a verified inability to work; or

(5) Suspension of the noncustodial parent's license or privilege to drive would place an undue hardship on the noncustodial parent because of the noncustodial parent's subsequent inability to comply with the court order due to:

(a) Unemployment;

(b) Insufficient income to meet the child support obligation; or

(c) Incarceration, not on work release and no other resources to meet the child support obligation.

D. A noncustodial parent may submit any documents relevant to the noncustodial parent's claim.

E. A request for an investigation may be withdrawn by the noncustodial parent at any time.

F. Within 5 days of receiving a request for an investigation, the Administration shall send a letter to the custodial parent advising that parent of the:

(1) Administration's proposed action;

(2) Noncustodial parent's request for an investigation, including the grounds specified; and

(3) Right to submit information relevant to the investigation to the Administration within 15 days of the date of the letter.

G. Upon receipt of a request for an investigation, the Administration shall:

(1) Use the date of the written notice as the date of determination of the support obligation amount and the calculation of the amount of any arrearage due;

(2) Conduct an investigation;

(3) Review any documents submitted by the noncustodial parent under §D of this regulation;

(4) Review any documents submitted by the custodial parent under §F of this regulation;

(5) Prepare a written summary of the conclusions of its investigation and issue a decision concerning the amount of the arrearage;

(6) Forward its investigation summary to the noncustodial parent and to the custodial parent; and

(7) Advise the noncustodial parent of the right to appeal the decision of the Administration to OAH.

H. The Administration shall advise the noncustodial parent of the right to appeal and the procedures for filing an appeal with OAH.

I. If the request for an appeal hearing is not received within 20 days of the date of the results of the investigation, the Administration may report the information to the MVA.