15 AAC 125.712. Controlling order determinations

(a) If more than one support order is in effect for the same parents and children, the agency will issue a controlling order determination under AS 25.25.207 .

(b) Upon issuance of a controlling order determination, the agency will send a notice of the determination to each parent, to the initiating tribunal, if appropriate, and to the person on whose behalf the initiating tribunal has sought enforcement, if appropriate. A party may contest the determination by requesting an administrative review within 30 days after the party receives the notice under this subsection. A request for administrative review must include an explanation for the party's objection to the determination, a copy of any orders that the party believes should be considered, and any other documentation upon which the requesting party intends to rely.

(c) Upon receipt of a request for administrative review under (b) of this section, the agency will send a notice of administrative review to the nonrequesting party, the initiating tribunal, if appropriate, and to the person on whose behalf the initiating tribunal has sought enforcement, if appropriate, together with a copy of the request for administrative review and any supporting documentation provided by the requesting party. A nonrequesting party must respond in writing within 15 days after notice of the request for administrative review is mailed to the nonrequesting party.

(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 (c) of this section. An administrative appeal is not available from an administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.

(e) Absent unusual circumstances, a controlling order determination under this section is effective as of the first day of the

(1) month after the notice was mailed under (b) of this section if the notice was mailed on or before the 15th day of the month; or

(2) second month after the notice was sent under (b) of this section if the notice was mailed after the 15th day of the month.

(f) When the controlling order determination becomes effective under (e) of this section, the agency will file with each court and child support agency that issued or registered a child support order for the parents and children

(1) a certified copy of the controlling order determination;

(2) a notice of the controlling order determination on a standard form promulgated under 42 U.S.C. 652(a)(11);

(3) a certified copy of the new controlling order, if appropriate;

(4) a copy of the arrears reconciliation prepared under 15 AAC 125.745.

History: Eff. 11/30/2002, Register 164

Authority: AS 25.25.207

AS 25.25.209

AS 25.27.020

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