Sec. 07.07.20.09. Investigation

A. An obligated parent shall have one opportunity to contest the withholding of earnings for the cost of health care coverage for a child enrolled in the plan pursuant to an NMSN, based on a mistake of fact, by requesting an investigation.

B. A request for an investigation pursuant to §A of this regulation shall be:

(1) In writing on a form provided by the Administration; and

(2) Submitted to the Administration not later than 15 days after:

(a) Receiving the notification as specified in Regulation .04C of this chapter; or

(b) The first deduction for the health insurance premium is made from the employee's earnings.

C. The only issues that may be contested are:

(1) The identity of the obligated parent;

(2) That there is no underlying child support order requiring the parent to provide medical support for the child;

(3) That the amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; or

(4) That the child for whom health insurance coverage is sought is emancipated.

D. Within 15 days of receiving a timely request for an investigation, the Administration shall:

(1) Conduct an investigation; and

(2) Notify the obligated parent in writing of the:

(a) Results of the investigation; and

(b) Right to appeal the Administration's decision to the Office of Administrative Hearings (OAH) as provided in Regulation .10 of this chapter.

E. Enrollment of an employee's child may not be stayed or terminated until the employer receives written notice from the Administration that the contest is resolved in the employee's favor.