15 AAC 125.830. Determination of noncooperation

(a) If the agency determines that an applicant for or recipient of assistance under AS 47.27 (Alaska Temporary Assistance Program or ATAP) has failed to cooperate in good faith with the agency's efforts to establish paternity or to establish, modify, or enforce a child support order for a child for whom the assistance is received, the agency will

(1) make a determination of noncooperation based on the applicant's or recipient's failure to cooperate in good faith; and

(2) send a notice of noncooperation to the applicant or recipient; the notice must

(A) identify the reason for the agency's determination of noncooperation; and

(B) describe the action that the applicant or recipient is required to take in order for the applicant or recipient to be found to have cooperated with the agency.

(b) For purposes of (a) of this section, the agency will make a determination of noncooperation as to an applicant for or recipient of assistance under ATAP if, without sufficient justification, the applicant or recipient

(1) fails to complete and return any form that has been requested by the agency, including an information locate sheet, an affidavit of support received, a paternity affidavit, a photograph identification letter, the general testimony for a packet prepared under AS 25.25 (Uniform Interstate Family Support Act), a verified statement for registration of a foreign support order, or a third party witness affidavit;

(2) fails to provide information requested by the agency, including, without limitation, copies of a relevant court or administrative order, a family record such as a birth certificate, marriage certificate, or death certificate, the location of the child or children covered by the support order, medical and health insurance information, or any other information the agency deems necessary to proceed with an effort to establish paternity or to establish, modify, or enforce a child support order; or

(3) fails to cooperate with genetic testing requirements or to reschedule a genetic testing appointment, if necessary.

(c) If the applicant or recipient does not perform the act stated in the agency's notice of noncooperation within 15 days after the agency mails the notice, the agency will inform the Department of Health and Social Services of its determination of noncooperation.

(d) The agency will find that an applicant for or recipient of assistance under AS 47.27 has cooperated under this section if the applicant or recipient

(1) provides the required information; or

(2) obtains a determination from the Department of Health and Social Services that there is good cause for the applicant or recipient not to comply.

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

Authority: AS 25.27.020 (a)

AS 25.27.040 (b)

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