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(a) A party's request under 15 AAC 125.242(c) for the agency to vacate the genetic testing order must be in writing and state in detail why one or more reasons in (c) of this section apply to support the request.
(b) If a party submits a request under (a) of this section, the agency will send the parties, by first class mail, a notice of the request. In its notice, the agency will inform the parties about the deadlines to submit evidence or argument under this subsection. If a party wishes to submit evidence or argument for the agency to consider, the party shall submit the evidence or argument to the agency within 30 days after the date the agency mailed the notice to the party. The agency shall provide copies of evidence or argument submitted by a party to all other parties. A party may respond to another party's evidence or argument within 10 days after the date the agency mails the evidence or argument to the party. After the deadline for the parties' responses has passed, the agency will review the evidence and issue a decision under (d) or (e) of this section.
(c) The agency will vacate the genetic testing order if the agency finds that
(1) to conduct genetic testing would not be in the best interests of the child, because evidence indicates the possibility of paternity by estoppel; or
(2) there is no reasonable cause to require genetic testing because clear and convincing evidence establishes that the petitioner is the biological father of the child.
(d) If the agency vacates the genetic testing order under (c)(1) of this section, the agency will issue an administrative review decision terminating the proceeding to disestablish paternity without making a determination concerning paternity. The agency may pursue further paternity proceedings through the appropriate judicial forum or through another state's administrative process.
(e) If the agency vacates the genetic testing order under (c)(2) of this section, the agency will issue a decision finding paternity.
(f) If a party requests that the agency vacate the genetic testing order for one or more reasons under (c) of this section, and the agency denies the request, the mother, child, and putative father shall submit to genetic testing within 30 days after the date of notice of the agency's decision.
(g) An appeal to formal hearing is not available from an agency decision under this section. A decision under this section may be appealed to the superior court.
History: Eff. 6/15/2001, Register 158
Authority: AS 25.27.020
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Last modified 7/05/2006