15 AAC 125.420. Denial, revocation, or limitation of passports

(a) If an obligor owes an amount in excess of $5,000 in support arrears under a support order, the agency will certify this fact to the Secretary of State for denial, revocation, or limitation of the obligor's passport.

(b) Before making the certification under (a) of this section, the agency will notify the obligor that the agency has determined that the obligor's support arrears under a support order exceed $5,000, that the agency intends to certify this fact to the Secretary of State, that the agency's certification to the Secretary of State may result in the denial, revocation, or limitation of the obligor's passport, and that the obligor may contest the agency's determination. The agency will provide the notice required by this subsection in the manner described in AS 25.27.265 (a).

(c) An obligor to whom notice is given under (b) of this section has 15 days after the date of mailing of the notice in which to make a written request for an administrative review to contest the agency's determination. The request must state the specific reasons for the review and be accompanied by all documents upon which the person requesting the review intends to rely. The agency will, in its discretion, reject a request for administrative review if the request does not comply with the requirements of this subsection. The agency's administrative review is limited to the following issues:

(1) whether there is a support order under which arrears have accrued;

(2) whether the obligor is the person who is covered by the support order; and

(3) whether the obligor owes support arrears in excess of $5,000.

(d) Unless the request for an administrative review is rejected under (c) of this section, the agency will conduct an administrative review within 10 days after the agency receives a request for an administrative review. The agency will issue a decision as soon as practicable after the completion of the administrative review. An administrative appeal is not available from the administrative review decision issued under this section.

(e) If, after the agency has provided a certification to the Secretary of State under (a) of this section, the obligor reduces the amount of the obligor's arrears to not more than $5,000, the agency will report that change in the amount of the obligor's arrears to the Secretary of State.

History: Eff. 10/1/98, Register 147

Authority: AS 25.27.020

AS 25.27.080

AS 25.27.140

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