Section 75-02-04-12.1 - Incentive payments1. Except as otherwise provided in subsections 5 and 6, twenty-five percent of the total amount of incentive payments available for distribution under North Dakota Century Code section 50-03-10 must be retained by the agency and seventy-five percent must be paid to the counties participating in the costs of the statewide program as provided in this section. 2.(Effective through December 31, 2007) Eighty percent of the county portion of incentive payments will be distributed to the regional units based on federal performance measures and section 75-02-04-12. For distributions during calendar year 2006, one-third of the amount distributed under this subsection will be based on federal performance measures and two-thirds will be distributed under section 75-02-04-12. For distributions during calendar year 2007, two-thirds of the amount distributed under this subsection will be based on federal performance measures and one-third will be distributed under section 75-02-04-12. Twenty percent of the county portion of incentive payments shall be distributed as performance incentives under subsection 3. (Effective beginning January 1, 2008) Eighty percent of the county portion of incentive payments will be distributed to the regional units based on federal performance measures. Twenty percent of the county portion of incentive payments shall be distributed as performance incentives under subsection 3.
3. The total amount of performance incentives available for distribution under this subsection will be allocated among all applicable federal performance measures by weight. Any increase in a regional unit's performance from the prior year on each measure will be multiplied by the regional unit's pro rata share of the state's total caseload or collections to determine the regional unit's proportionate share of the incentives distributed for that measure. 4. The agency may retain up to twenty percent of the amounts payable to a regional unit under this section, in increments of five percent per notice, if the agency determines that people do not receive a level of service from the regional unit that is substantially similar to the level of service provided by other regional units to similarly situated people. As used in this subsection, "level of service" means the manner in which a regional unit provides services in child support cases and does not include the overall performance of a regional unit on a federal performance measure. Prior to retaining funds under this subsection, the agency must notify the affected regional unit in writing of the inconsistent level of service and issue a directive under North Dakota Century Code section 50-09-02 indicating the steps needed to resolve the inconsistency. A regional unit that complies with the directive within thirty days of the date the notice was mailed, or any longer period authorized by the agency, will receive the retained funds. If the directive is not honored within this period, the retained funds will not be distributed to the regional unit. 5. The agency shall hold any funds withheld under subsection 4 until the fourth notice of inconsistency has been issued and the time has expired for the regional unit to comply with the directive in the notice. If the regional unit does not comply with the directive in the fourth notice, the agency shall distribute the retained funds to other regional units or continue holding the funds on behalf of the regional unit until it complies with the directive. N.D. Admin Code 75-02-04-12.1
General Authority: NDCC 50-09-02
Law Implemented: NDCC 50-03-10, 50-09-15.1, 50-09-33, 50-09-34; 42 USC 658 a; 42 CFR Part 305