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(a) A nonregistering party may contest under AS 25.25.606 the validity or enforcement of a support order or income withholding order issued in another state and registered with the agency. To contest the order, the party shall submit to the agency a written request for administrative review within 20 days after the date of mailing of the notice of registration. The request for administrative review must include a statement of the defenses specified in AS 25.25.607 (a) upon which the contesting party intends to rely, together with any documentation supporting the defense.
(b) Upon receipt of a request that meets the requirements of (a) of this section, the agency will send a notice of administrative review by first class mail to the nonregistering party, to the registering party, and to the initiating tribunal, and, if appropriate, to the person on whose behalf the initiating tribunal has sought registration. A nonrequesting party may respond in writing to the arguments asserted by the requesting party. A nonrequesting party shall respond within 15 days after notice of the request for administrative review is mailed to the nonrequesting party.
(c) The agency will transmit with the notice of administrative review that is sent under (b) of this section copies of
(1) the request for administrative review; and
(2) the supporting documentation that was provided by the nonregistering party under (a) of this section.
(d) The agency will issue an administrative review decision as soon as practicable after receipt of the responses from the nonrequesting parties or upon the expiration of the time for providing responses under (b) of this section. The administrative review decision is final for purposes of appeal to a formal hearing but is not a final administrative determination for purposes of appeal to the superior court.
(e) The provisions of 15 AAC 125.118(c) - (f) regarding administrative reviews apply to proceedings under this section to the extent that those provisions are not inconsistent with a provision of AS 25.25.605 - 25.25.607 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 under this section.
History: Eff. 10/1/98, Register 147
Authority: AS 25.25.605
AS 25.27.020 (a)
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Last modified 7/05/2006