Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) A party may request, in writing, a second genetic test within 10 days after the genetic test results are mailed to the parties under 15 AAC 125.246(a) . If the agency receives a timely request and advance payment of all costs of a second genetic test by the requesting party, the agency will order a second genetic test. The agency will provide copies of the second genetic test results to the parties and a notice of the deadline for submission of additional evidence or argument under this subsection. The parties may submit additional evidence or argument concerning the disestablishment of paternity within 10 days after the test results are mailed to the parties. The agency will issue an administrative review decision under 15 AAC 125.246(b) and (c) within 20 days after the date the agency received the second genetic test results.
(b) Genetic test results must be accompanied by an authenticating affidavit by the person who performed the test, or by an authorized representative of the entity that performed the test, verifying that the test was conducted under scientifically accepted standards and that procedures necessary to make the test valid were followed. The agency may not rely on genetic test results that are not properly authenticated as described in this subsection to disestablish paternity.
(c) Repealed 6/15/2001.
(d) The agency will, in its discretion, consult with independent experts for assistance in resolving any issue, including disparities or conflicts in the medical evidence, paternity by estoppel, and the best interests of the child.
(e) The agency will, in its discretion, establish a three-member panel, consisting of agency staff, to conduct an administrative review under 15 AAC 125.242, 15 AAC 125.246, or (a) of this section to determine whether to disestablish paternity. The determination of the panel must be by majority vote.
(f) A decision under 15 AAC 125.232 - 15 AAC 125.246 and this section to disestablish paternity is effective from the date of filing of the petition to disestablish paternity under 15 AAC 125.236(a) unless the agency determines there is good cause to select a different effective date.
(g) The provisions of 15 AAC 125.118(c) , (d), and (f) apply to proceedings under 15 AAC 125.232 - 15 AAC 125.246 and this section to the extent that those provisions are not inconsistent with a provision of AS 25.27.166 , 15 AAC 125.232 - 15 AAC 125.246, or this section. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals of administrative review decisions issued under 15 AAC 125.232, 15 AAC 125.246, and this section.
(h) During the pendency of a proceeding under 15 AAC 125.232 - 15 AAC 125.246, and this section, the petitioner shall pay to the agency all support payments that are due.
History: Eff. 10/1/98, Register 147; am 6/15/2001, Register 158
Authority: AS 25.27.020
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006