reglab/housing_qa huggingface dataset:
HI Rev Stat § 576D-3 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-3 Obtaining or enforcing child support.

  §576D-3 Obtaining or enforcing child support. (a) The agency shall undertake any legal or administrative action to secure support for a child by enforcing an existing court order or obtaining a court order of support.  (b) To carry out its responsibilities imposed under this chapter, the agency, through the offices of the corporation counsel, the county attorneys, or the attorney general, may commence or appear in any proceeding before any court or administrative agency for the purpose of establishing paternity for children born out of wedlock or for the purpose of obtaining, enforcing, or modifying an order of support on behalf of any dependent or any other person for whom the agency has a duty to obtain or enforce an order for support under this chapter. The agency may commence or appear in any action on its own behalf, on behalf of any dependent child or custodial parent, or on behalf of any other person for whom the agency has a duty to obtain or enforce an order of support under this chapter. The agency shall obtain or enforce a child support order for the following children:  (1) A child on whose behalf public assistance payments have been or are being made;  (2) A child on whose behalf foster care payments have been or are being made under Title IV-E; or  (3) Any other child, if a parent, guardian, or person having custody applies to the agency for assistance in obtaining or enforcing a child support order with respect to the child, regardless of whether public assistance payments have been made on the child's behalf. [L 1986, c 332, pt of §2; am L 1988, c 200, §4; am L 1994, c 24, §1; am L 1996, c 178, §1; am L 2005, c 26, §1] Case Notes  Child support enforcement agency was authorized, under §584-6(a), §576D-4, and this section, to bring action to establish paternity of a child, "born out of wedlock" for purposes of subsection (b), where mother, though married to husband at time child was born, alleged that appellant, and not husband, was child's natural father. 88 H. 159 (App.), 963 P.2d 1135 (1998).
HI Rev Stat § 576D-4 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-4 Establishment of paternity.

  §576D-4 Establishment of paternity. When necessary to obtain child support for a child under section 576D-3, the agency shall take any legal or administrative action to establish the paternity of the child. The agency shall undertake the action on behalf of the State, child, custodial parent of the child, or any other person for whom the agency has a duty to obtain or enforce a child support order. [L 1986, c 332, pt of §2] Case Notes  Child support enforcement agency was authorized, under §584-6(a), §576D-3, and this section, to bring action to establish paternity of a child, "born out of wedlock" for purposes of §576D-3(b), where mother, though married to husband at time child was born, alleged that appellant, and not husband, was child's natural father. 88 H. 159 (App.), 963 P.2d 1135 (1998).
HI Rev Stat § 576D-5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-5 Fee for obtaining or enforcing nonpublic assistance order.

  §576D-5 Fee for obtaining or enforcing nonpublic assistance order. (a) The agency shall require the payment of a reasonable fee on the application of a person under section 576D-3(b)(3) who is not receiving public assistance for support of the child for assistance in obtaining or enforcing a child support order. The payment and amount of the fee shall be in compliance with applicable federal regulations promulgated under Title IV-D.  (b) In the case of an individual who has never received public assistance for the support of a child under Title IV-A and for whom the State has collected not less than $550 of support, the agency shall impose an annual fee of $35 for each case in which Title IV-D services were furnished, which shall be retained in accordance with Title IV-D requirements; provided that the $35 shall not be retained from the first $550 so collected. Any fee collected shall be maintained by the agency and used as required under Title IV-D. [L 1986, c 332, pt of §2; am L 2007, c 167, §1; am L 2019, c 67, §2]
HI Rev Stat § 576D-8 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-8 Transmittal of money collected to department of human services.

  §576D-8 Transmittal of money collected to department of human services. The moneys collected by the agency on behalf of the department of human services shall be transmitted to the department of human services as required by Title IV-D of the Social Security Act. [L 1986, c 332, pt of §2; am L 1987, c 339, §4; am L 2002, c 72, §4]
HI Rev Stat § 576D-9 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-9 Incentive payments to State and political subdivision.

  §576D-9 Incentive payments to State and political subdivision. If one or more political subdivisions of the State participate in the costs of carrying out the child support enforcement activities during any particular period, each such subdivision shall be entitled to receive an appropriate share of any federal incentive payments made to the State for such period. The exact amount of the share shall be determined by taking into account the efficiency and effectiveness of the activities carried out by the political subdivisions, and measured by a standard methodology which shall be developed by the agency, for passing through an appropriate share of its incentive payment to participating political subdivisions. [L 1986, c 332, pt of §2]
HI Rev Stat § 576D-11 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-11 Staff.

  §576D-11 Staff.  The attorney general shall appoint, without regard to chapter 76:  (1) An administrator;  (2) An assistant administrator who shall serve as controller and whose duties shall include but not be limited to designing and implementing controls over all financial management systems, including electronic data processing systems, and developing an appropriate staffing plan;  (3) An assistant administrator who shall serve as the policy administrator and whose duties shall include but not be limited to developing and implementing comprehensive policy and planning documents to guide operations to successful outcomes, including federal performance reporting and interstate activities; and  (4) A staff attorney to serve as the supervisor of the administrative process activities and staff. In addition, the attorney general shall appoint, pursuant to chapter 76, other personnel as may be required to discharge the functions of the child support enforcement agency. The staff attorney shall not be considered to be a deputy attorney general under chapter 28. [L 1986, c 332, pt of §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1992, c 246, §3; am L 1994, c 24, §3; am L 1995, c 137, §3; am L 1997, c 293, §30; am L 2002, c 253, §150; am L 2008, c 178, §2]
HI Rev Stat § 576D-16 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-16 Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory.

  §576D-16 Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory. (a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire, the name, address, social security number, and the date services for remuneration were first performed of each new hire along with the name, federal identification number, and address of the employer. Each report shall be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically, or electronically. If an employer is transmitting reports to the agency magnetically or electronically, the report shall be transmitted twice monthly not less than twelve days nor more than sixteen days apart. The agency shall maintain these reports as the state directory of new hires.  (b) Employers failing to report the information required in subsection (a) shall be subject to a civil penalty of $25 or, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report, a $500 fine.  (c) Within three working days after the date information is reported to the agency's state directory of new hires, the agency shall furnish the information to the national directory of new hires. The agency shall furnish extracts of the reports required to the national directory of new hires on a quarterly basis concerning the wages and compensation paid to individuals, by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations.  (d) For the purposes of this section, the term "new hire" means an employee who has not previously been employed by the employer or was previously employed by the employer but has been separated from the prior employment for at least sixty consecutive days. [L 1997, c 293, pt of §6; am L 2012, c 35, §1; am L 2013, c 69, §1]
HI Rev Stat § 576D-17 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-17 Violations; penalties.

  §576D-17 Violations; penalties.  (a) Unless otherwise provided, any person or entity in the State including for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions that knowingly, intentionally, or wilfully violates any section of this chapter or any request of the agency pursuant to this chapter shall be guilty of a petty misdemeanor.  (b) The agency may establish, through administrative rules, a system of fines for failure to promptly respond to the agency's request for information, which may be levied without the necessity of a court order. [L 1997, c 293, pt of §6; am L 2002, c 84, §4]
HI Rev Stat § 576D-18 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576D. Child Support Enforcement|576D-18 Investigators; access to information.

 §576D-18 Investigators; access to information. (a) The attorney general shall commission child support enforcement investigators who shall have all powers and authority of a police officer or a deputy sheriff to fulfill their official responsibilities; provided that a person so appointed and commissioned shall not carry firearms.  (b) The duties of the commissioned investigators shall be to locate absent parents for the establishment of paternity, and for obtaining and enforcing orders of support.  (c) The agency and other state agencies administering a program under Title IV-D shall have access, including automated inquiry access, to the records of all entities in the State for information on the employment, compensation, and benefits of any individual member, employee, or contractor of the entity, to accomplish the purposes of the child support program. The entities include but are not limited to for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions, notwithstanding any provision for confidentiality. Subject to safeguards on privacy and confidentiality and subject to the nonliability of entities that afford access under this section, the agency and other state agencies administering a program under Title IV-D shall also have access to records held by private entities with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought consisting of:  (1) The names and addresses of individuals and the names and addresses of the employers of those individuals as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized pursuant to section 576E-2; and   (2) Information, including information on assets and liabilities, on the individuals held by financial institutions.  (d) Other state and federal agencies conducting activities under Title IV-D shall have access to any system used by the State to locate an individual for purposes relating to motor vehicles or law enforcement.  (e) Notwithstanding section 338-18, the agency, through the offices of county corporation counsels, county attorneys, or the attorney general, shall have access, including automated inquiry access, to the public health statistics records of the department of health and may make only such use of identifying information in those records as is necessary for purposes consistent with Title IV-D and applicable state laws. The United States Secretary of Health and Human Services or the Secretary's agent, notwithstanding section 338-18, shall also have access, including automated inquiry access, to the public health statistics records of the department of health solely for purposes of funding and oversight under Title IV-D. [L 1997, c 293, pt of §6; am L 1998, c 153, §7; am L 2002, c 84, §5; am L 2004, c 80, §2; am L 2011, c 79, §6]
HI Rev Stat § 576E-3 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-3 Jurisdiction.

  §576E-3 Jurisdiction. Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court over:  (1) Any person found within the State of Hawaii against whom a child support obligation may be established, modified, suspended, terminated, or enforced; and  (2) Any person without the State who has maintained a domicile in this State while involved in a marital or family relationship out of which arises a claim for child support, including any person against whom a Hawaii court or agency has entered a support order. [L 1988, c 154, pt of §2; am L 1990, c 176, §10; am L 1994, c 105, §4]
HI Rev Stat § 576E-4 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-4 Service.

  §576E-4 Service. (a) In any proceeding to establish a child support order, in cases where the agency is not yet enforcing an order of support for the subject child, service of the notice provided in section 576E-5 shall be by personal service or certified mail, return receipt requested. In the case where the person to be served cannot be found, service shall be completed by leaving copies of the notice at the person €™s usual place of residence with some person of suitable age and discretion residing at that location. After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party €™s last known address.  (b) Service of the notice of hearing pursuant to the request for hearing under section 576E-6 of a party shall be satisfied by regular mail to the party's address provided with the request for hearing, or if not provided, to the party's last known address.  (c) In any child support enforcement proceeding subsequent to an order already being enforced by the agency, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6. [L 1988, c 154, pt of §2; am L 1990, c 176, §11; am L 1994, c 105, §5; am L 1997, c 293, §34; am L 2001, c 95, § §5, 6; am L 2002, c 84, §7]
HI Rev Stat § 576E-5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-5 Commencement of administrative proceedings; notice.

  §576E-5 Commencement of administrative proceedings; notice. The agency shall serve a notice of administrative proceedings and notice of financial responsibility upon the parties prior to the issuance of an order under this chapter. Where applicable, notice shall contain the following:  (1) A copy or statement of the order proposed to be entered;  (2) A statement that the parties are entitled to an administrative hearing before an impartial hearings officer to contest the entry of the order together with an explanation of the procedure for requesting a hearing;  (3) A statement of rights at the hearing together with an explanation of defenses or objections which may be considered by the hearings officer;  (4) A statement of the legal authority under which the hearing is to be held;  (5) A statement that the property of the parties may be seized or that the income of the parties may be withheld for payment of support;  (6) A statement that information relating to the parties' nonpayment of support may be made available to credit-reporting agencies;  (7) A statement that child and spousal support shall be payable by an order for immediate income withholding which shall be entered concurrently with the administrative order pursuant to section 576E-16;  (8) A statement that parties have the right to request judicial review of a final order of a hearings officer pursuant to section 576E-13;  (9) A statement that an administrative determination of a support obligation creates a judgment by operation of law upon filing of the order at the family court and as such is entitled to full faith and credit in any other state or jurisdiction. [L 1988, c 154, pt of §2; am L 1990, c 176, §12; am L 1993, c 251, §4; am L 1994, c 105, §6]
HI Rev Stat § 576E-6 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-6 Request for hearing; how made.

  §576E-6 Request for hearing; how made. (a) Except as provided in subsection (b), any party who is aggrieved by the proposed order of the agency may, within ten days of service of a notice described in section 576E-5, obtain a hearing by sending a written request for hearing to the agency at the address from which the notice was sent.  (b) In the case of a proposed order to modify child support resulting from the agency's review of support orders, a party aggrieved by the proposed order may request a hearing within thirty days of service of a notice described in section 576E-5.  (c) The agency, on its own behalf, may request a hearing after the commencement of an administrative proceeding pursuant to section 576E-5.  (d) Notice of the hearing under this section shall be served in accordance with section 576E-4. [L 1988, c 154, pt of §2; am L 1990, c 176, §13; am L 1991, c 182, §2; am L 1994, c 105, §7; am L 2008, c 178, §3]
HI Rev Stat § 576E-7 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-7 Failure to request hearing; effect.

  §576E-7 Failure to request hearing; effect. If the parties fail to request a hearing pursuant to section 576E-6, the agency or a hearings officer shall sign the proposed order as the final order in the action. [L 1988, c 154, pt of §2; am L 1990, c 176, §14; am L 1994, c 105, §8; am L 2008, c 178, §4]
HI Rev Stat § 576E-8 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-8 Action by agency upon request for hearing.

  §576E-8 Action by agency upon request for hearing. Upon receipt of a hearing request, the agency may contact the parties and attempt to reach an agreed disposition. If no agreed disposition can be obtained, the matter shall be referred to a hearings officer for contested case proceedings. [L 1988, c 154, pt of §2; am L 1994, c 105, §9; am L 1995, c 191, §1]
HI Rev Stat § 576E-9 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-9 Hearings in contested cases.

  §576E-9 Hearings in contested cases. Hearings in contested cases shall be conducted in accordance with this chapter, and when otherwise applicable, chapter 91, and shall be presided over by a hearings officer appointed and commissioned by the attorney general pursuant to section 576E-10. The attorney general may adopt such administrative rules pursuant to chapter 91, as may be necessary to carry out this section. In any hearing conducted under this section, all parties shall have the right to confront and cross-examine witnesses, to present witnesses and evidence, to be represented by counsel or other person, and to be notified of these rights in writing. Hearings may be conducted by telephone or other electronic telecommunications methods at the discretion of the hearings officer. [L 1988, c 154, pt of §2; am L 1990, c 176, §15; am L 1992, c 246, §5; am L 1994, c 105, §10]
HI Rev Stat § 576E-11 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|576E. Administrative Process for Child Support Enforcement|576E-11 Administrative orders; required findings.

  §576E-11 Administrative orders; required findings. Every order entered pursuant to this chapter shall specify, where applicable, the following:  (1) The amount of periodic support to be paid by a party with directions as to the manner of payment;  (2) The amount of child support arrearage, if any, that has accrued under an existing court or administrative order;  (3) The amount of child support owed for a period during which public assistance was provided to the child or children by the department of human services;  (4) The amount of the periodic payment to be made in liquidation of child support arrearage, if any;  (5) A statement that a party's taxes shall be set off against the amount of child support arrearage, if any;  (6) The extent of the party's responsibility to provide medical insurance coverage for the dependent child involved in the case, or otherwise to pay the reasonable and necessary medical expenses of the dependent child, and a statement that the party is required to keep the agency informed of whether the party has access to medical insurance coverage at a reasonable cost and, if so, the medical insurance policy information;  (7) The name and birth date of the dependent child;  (8) A statement that the property of the party is subject to collection action, including withholding of income, unemployment compensation, workers' compensation, and retirement benefits, seizure of property, disclosure of information relating to the party's debts to consumer credit reporting agencies, and federal and state tax refund setoff;  (9) A statement that violations of the administrative order are punishable as contempt of court;  (10) A statement notifying the parties of the right to judicial review of administrative orders, and the procedure for obtaining such review;  (11) Identifying information for each party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from the social security number, and name, address, and telephone number of the party's employer, unless there is a finding that such disclosure of information would unreasonably put at risk the health, safety, or liberty of a party or child; and  (12) A statement that both the obligor party and the obligee party are required to file with the state case registry, through the agency, upon entry of the support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer. [L 1988, c 154, pt of §2; am L 1990, c 176, §17; am L 1994, c 105, §12; am L 1997, c 293, §36; am L 2002, c 72, §10; am L 2005, c 26, §4]