Section 144-351-19-9 - AMENDMENT HEARING; DECISION AFTER HEARING; EFFECTIVE DATE OF AMENDED DECISIONA. Notice. If upon review of a support obligation established by an administrative decision the Division finds a substantial change of circumstances since the decision was issued or last amended, or that the decision does not require the responsible parent to obtain or maintain health insurance coverage if available at reasonable cost the Division may seek an amendment of the support order. If so, the Division shall provide each parent with a review affidavit that states the factual basis of the Division's findings and a notice of hearing that states the date, time, and place of the hearing to amend the decision. The Division shall serve (as provided by 19-A M.R.S.A. §2253 (3) or §2254) the review affidavit and notice of hearing upon a parent who did not request the review, unless that parent's right to current support is assigned to the Department, and shall send the review affidavit and notice of hearing by regular mail to a parent who requested the review or whose right to current support is assigned to the Department. Notice by regular mail to a parent who requested the review or a parent whose right to current support is assigned to the Department is adequate notice of the subject, date, time and place of the hearing. The Division need not prove that a parent who requested the review or a parent whose right to current support is assigned to the Department received actual notice of the subject, date, time and place of the hearing. Along with the notice, the Division also shall provide copies of both parents' income affidavits, if provided, and the Division's Child Support Worksheet.B. Decision after hearing. The Department shall determine by a decision after hearing whether the responsible parent's support obligation is consistent with the support guidelines and whether the decision requires the responsible parent to obtain or maintain health insurance coverage if available at reasonable cost. The Department shall explain the factual basis for its computation of the responsible parent's parental support obligation in its decision, and shall refer with specificity to any other evidence relied on that is relevant to its determination of the responsible parent's support obligation under 19-A M.R.S.A. §2006. If the Department finds that the responsible parent's support obligation varies from the support guidelines by more than 15% or does not require the responsible parent to obtain or maintain health insurance coverage if available at reasonable cost, the Department shall issue an amended decision based on the support guidelines and health insurance requirements of 19-A M.R.S.A. §2304. If the Department finds that the responsible parent's support obligation does not vary from the support guidelines by more than 15% and requires the responsible parent to obtain or maintain health insurance coverage if available at reasonable cost, the Department shall find that there is no substantial change of circumstances and shall not issue an amended decision. For purposes of determining the responsible parent's current parental support obligation, if there is insufficient reliable information about the responsible parent's income, the Department shall presume that the responsible parent has an earning capacity equal to the average weekly wage of a worker within this State as determined by the Department of Labor statistics. If neither parent objects to the Division's calculation of the responsible parent's current parental support obligation the Department shall issue a decision that is consistent with the Division's calculations.C. Effective date of amended decision. If the Department amends the decision, the decision is effective from the date that the parent adversely affected by the decision was served or otherwise notified by the Division of the amendment hearing.10- 144 C.M.R. ch. 351, § 19-9