Ala. Admin. Code r. 660-3-9-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-3-9-.04 - Request For A Hearing(1) A hearing request must be made in writing within fifteen days from the date of receipt of notification of intent to withhold, restrict the use of, suspend or revoke a license. The NCP can request an administrative hearing to show cause why the withholding, restricted use, suspension or revocation is not appropriate. Upon receipt of the request for a hearing, action to withhold, restrict the use of, suspend or revoke the NCP's license will be halted pending the outcome of the hearing. An attempt will be made to resolve the dispute prior to a hearing through a telephone interview or personal interview, which will be referred to as an administrative (desk) review. These activities do not impact the NCP's right to a hearing. (a) The hearing can only be for the purpose of contesting the determination by the department that: (1) The NCP is at least six months delinquent in child support payments, (2) The NCP has not entered into a payment plan approved by the Department, (3) the NCP has failed to comply with a subpoena or warrant relating to a paternity or child support case, or (4) withholding, restricting the use of, suspension or revocation of the license is appropriate (i.e., wrong person, the support debt or support obligation due and unpaid does not equal or exceed six months support payments, etc., are not found).(b) When the NCP requests a hearing to contest the notice and is alleging a mistake has occurred, the NCP must provide documentation to support his/her claim.(c) The department will not receive (accept) or consider any evidence at the hearing with respect to the appropriateness of the support order or the NCP's ability to comply with the support order.(d) If the NCP fails to request a hearing within 15 days of receipt of the notification; or fails to appear at a scheduled hearing, his/her defenses, objections or request for a payment plan shall be considered to be without merit and the Department shall enter a final decision accordingly. The Department will proceed with the withholding, restricted use, suspension, or revocation.(e) If the dispute is resolved prior to the hearing, the NCP should follow normal procedures in withdrawing the request for a hearing.(f) In general, all other provisions of the hearing will follow the Alabama Administrative Procedure Act and procedures specified in the Department's administrative hearing rules.(2) Judicial Review (a) The NCP must file the notice of appeal and a cost bond with the Department within thirty (30) days of receipt of the hearing decision. The NCP may file the petition for review in the Circuit Court of Montgomery County or the Circuit Court of the county where (s)he resides. Filing of the notice of appeal results in an automatic stay of withholding, restriction, suspension or revocation of the NCP's license pending the outcome of the appeal.(b) Unless the Department is notified within thirty (30) days that the NCP has met the requirements for seeking a judicial review as required by law, the Department shall send notification to withhold, restrict the use of, suspend, or revoke the license to the licensing authority. A determination of the Department is independent of any proceeding of the licensing authority to withhold, restrict the use of, suspend, revoke, deny, terminate, renew, or issue a license.Ala. Admin. Code r. 660-3-9-.04
New Rule: Filed June 4, 1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective October 9, 2002.Author: Clifford Smith
Statutory Authority:P.L. 93-647; 42 U.S.C. 651 et seq.; Section 9 of P.L. 96-611; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306; Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c) of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN -CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, as amended, §§ 30-4-80 through -98, 38-2-6, 38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 30-3-170 through 30-3-179.