(a) CSE shall notify noncustodial parents via first class mail, at the noncustodial parent's last known address, of CSE's intention to certify the noncustodial parent to the federal offset program for purposes of offsetting his/her federal funds, including federal tax refund offset and administrative offset. CSE shall notify noncustodial parents via first class mail, at the noncustodial parent's last known address, of CSE's intention to certify the noncustodial parent for federal passport denial, revocation or restriction. Notices shall be sent at least 30 days prior to a case being certified for federal offset or federal passport denial, revocation or restriction. Lack of actual notice to the noncustodial parent shall not result in decertification from the offset or passport list.
(b) Noncustodial parents who wish to contest certification of themselves or the arrearage amount shall contact their local child support office for an administrative records review.
(c) If the administrative records review changes the amount certified, CSE shall notify the OCSE.
(d) Noncustodial parents may request an administrative review in the State of Wyoming or in a state where the order was entered. - (i) Procedures for contesting in intrastate cases:
- (A) Upon receipt of a complaint from a noncustodial parent in response to the advance notice or concerning a tax refund which has already been offset, CSE shall conduct an administrative review of the complaint to determine the validity of the complaint.
- (B) If the complaint concerns a joint tax refund that has not yet been offset, CSE shall inform the noncustodial parent that the Secretary of the U.S. Treasury will notify the noncustodial parent's spouse at the time of offset regarding the steps to take to secure his/her proper share of the refund. If the complaint concerns a joint tax refund which has already been offset, CSE shall refer the noncustodial parent to the Secretary of the U.S. Treasury.
- (C) If the administrative review results in a deletion of, or decrease in, the amount referred for offset, the Title IV-D agency shall notify OCSE in writing within time frames established by the OCSE and include the information specified by OCSE.
- (D) If, as a result of the administrative review, an amount which has already been offset is found to have exceeded the amount of past due support owed, CSE shall take steps to refund the excess amount to the noncustodial parent promptly, regardless of whether this amount has been disbursed to the custodial parent.
- (ii) Procedures for contesting in intergovernmental cases:
- (A) If the noncustodial parent requests an administrative review in the submitting state, the Title IV-D agency shall meet the requirements in (d)(i) of this section.
- (B) If the complaint cannot be resolved by the submitting state and the noncustodial parent requests an administrative review in the state with the order upon which the referral for offset is based, the submitting state shall notify the state with the order of the request for an administrative review and provide that state with all necessary information, within 10 days of the noncustodial parent's request for an administrative review.
- (C) The state with the order shall send a notice to the noncustodial parent and, in non-Title IV-A cases, the custodial parent, and make a decision within 45 days of receipt of the notice and information from the submitting state.
- (D) If the administrative review results in a deletion of, or decrease in, the amount referred for offset, the state with the order must notify the OCSE in writing within time frames established by the OCSE and include the information specified by OCSE.
- (E) Upon resolution of a complaint after an offset has been made, the state with the order shall notify the submitting state of its decision promptly.
- (F) When an administrative review is conducted in the state with the order, the submitting state is bound by the decision made by the state with the order.
- (G) Based on the decision of the state with the order, CSE in The submitting state shall take steps to refund any excess amount to the noncustodial parent promptly.