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(a) An order under AS 14.43.147 to an employer to withhold and deliver from a borrower's or cosigner's earnings must include notice of the exemptions and limitations under AS 09.38 and 15 U.S.C. sec. 1673 on the total amount to be withheld. Within three weeks of the receipt of the order, or ten days after the employee's next payday if that date is later, the employer shall send to the commission the amount withheld from the first paycheck. Thereafter, the employer shall send the amount withheld to the commission within 10 days after each date the employee is paid.
(b) Within three business days after the issuance of an order to withhold and deliver, the commission will mail or otherwise deliver a notice to the person whose income is being withheld that an order to withhold and deliver has been issued.
(c) Within 60 days after the commission mails a notice of wage withholding under (b) of this section, a person may contest withholding from the person's income under an order to withhold and deliver by submitting a written request for informal review to the executive director, if the person
(1) is not the borrower or cosigner whose debt is being collected; or
(2) has fully repaid the amount due.
(d) If the person's weekly income after mandatory deductions are subtracted is less than the maximum exemptions allowed under 15 U.S.C. 1673, AS 09.38, and 8 AAC 95, the person may contest the withholding under an order to withhold and deliver by submitting a written request for informal review to the executive director within 30 days after the commission mails a notice of wage withholding under (b) of this section.
(e) If a person contests withholding under (c) or (d) of this section, the executive director shall issue a review decision within 10 days after the date that the executive director receives the written request for informal review. If appropriate, the executive director may request additional information from the person or from any other source. The time period for the executive director's response is extended for the period of time allowed by the executive director for the additional information requested to be provided. The person's employer shall continue to withhold income under the order to withhold and deliver even if the person contests the withholding under (c) or (d) of this section. If the executive director determines that the withholding was improper under (c) or (d) of this section, the commission will refund the amount improperly withheld to the person, plus legal interest under AS 45.45.010 . If an adjustment of withholding is made, a notice modifying the order to withhold and deliver will be mailed to the employer.
(f) A person whose income is being withheld as a result of an order to withhold and deliver under AS 14.43.147 may apply for relief to the superior court under AS 14.43.147 (1) without requesting an informal review under this section.
History: Eff. 3/15/98, Register 145; am 11/5/2000, Register 156
Authority: AS 14.43.105
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Last modified 7/05/2006