10A NCAC 71T .0104. HEARINGS AS MANDATED BY THE SET‑OFF DEBT COLLECTION ACT

Counties shall adhere to the following procedures:

(1)           Within 30 days of the date of the mailing of the notice of proposed set‑off action, an absent parent may request a hearing;  This request shall be in writing and mailed or delivered to the address set forth in the notice;

(2)           If the county which is responsible for management of the absent parent's case has a county‑operated IV‑D program, then the hearing shall be conducted by a hearing officer designated by the Director of the Division of Social Services;

(3)           If the county which is responsible for management of the absent parent's case has a state‑operated IV‑D program, the Office of Administrative Hearings shall conduct the hearing and the hearing procedures specified in Ch. 150B, Article 3 and 26 NCAC Chapter 3 shall apply;

(4)           The hearing shall be conducted at the local IV‑D agency in the county which is responsible for management of the case whenever feasible or other suitable location as designated by the hearing officer;

(5)           All hearings under this Rule and under G.S. 105A‑8, the Set‑Off Debt Collection Act, shall be conducted in accordance with G.S. 150B, Article 3, the Administrative Procedure Act, and 10 NCAC 1B .0200, or 26 NCAC Ch. 3 as appropriate.

 

History Note:        Authority G.S. 105A‑8; 110‑128; 143B‑153;

Eff. February 1, 1980;

Amended Eff. March 1, 1990; May 1, 1989; January 1, 1983.