15 AAC 125.685. Termination of parent's participation in the arrears forgiveness program

(a) The agency will terminate a parent's participation in the arrears forgiveness program if the agency determines that the parent

(1) has failed to make more than two payments required by the forgiveness agreement within the yearly reporting period without good cause;

(2) has failed without good cause to comply with other requirements of the forgiveness agreement and the noncompliance has substantially prejudiced the agency's ability to collect support from the parent;

(3) no longer owes

(A) an ongoing child support obligation to the custodial parent or the state; or

(B) child support arrears to the custodial parent; or

(4) knowingly provided false or incomplete information on the parent's application, and the agency would not have approved the parent's application if the agency had received the correct or complete information at the time of the application.

(b) If the agency determines that termination is appropriate under (a) of this section, the agency will send a written notice of termination to the parent. The parent may contest the termination by submitting to the agency a written request for administrative review within 30 days after the notice was sent to the parent. The request must state the specific reasons for the contest and be accompanied by all documents upon which the person requesting the review intends to rely. The agency may reject a request for administrative review if it does not comply with the requirements set out in this subsection. The administrative review is limited to whether

(1) the parent has complied with the forgiveness agreement;

(2) good cause existed for the parent's noncompliance, as provided in 15 AAC 125.683;

(3) the parent continues to owe an ongoing support obligation or child support arrears as required under 15 AAC 125.650(a) (2); and

(4) the parent knowingly provided false or incomplete information with the parent's application for participation in the program and whether receipt of correct or complete information would have affected the parent's eligibility for the program.

(c) The agency will issue an administrative review decision as soon as practicable after receiving a request under (b) of this section. As necessary to determine whether termination is appropriate, the agency may request additional information from the parents or from any other source. An administrative appeal is not available from the administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.

History: Eff. 4/1/2005, Register 173

Authority: AS 25.27.020

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