Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.252 - Provisions applicable to disestablishment of paternity

Current through May 31, 2024
(a) A party may
				request, in writing, a second genetic test within 10 days after the genetic
				test results are mailed to the parties under
				15 AAC 125.246(a). If the agency receives a
				timely request and advance payment of all costs of a second genetic test by the
				requesting party, the agency will order a second genetic test. The agency will
				provide copies of the second genetic test results to the parties and a notice
				of the deadline for submission of additional evidence or argument under this
				subsection. The parties may submit additional evidence or argument concerning
				the disestablishment of paternity within 10 days after the test results are
				mailed to the parties. The agency will issue an administrative review decision
				under 15 AAC 125.246(b) and (c) within 20 days after the date the agency
				received the second genetic test results.
(b) Genetic test results must be accompanied
				by an authenticating affidavit by the person who performed the test, or by an
				authorized representative of the entity that performed the test, verifying that
				the test was conducted under scientifically accepted standards and that
				procedures necessary to make the test valid were followed. The agency may not
				rely on genetic test results that are not properly authenticated as described
				in this subsection to disestablish paternity.
(c) Repealed 6/15/2001.
(d) The agency may consult with independent
				experts for assistance in resolving any issue, including disparities or
				conflicts in the medical evidence, paternity by estoppel, and the best
				interests of the child.
(e)
				Repealed 2/16/2013.
(f) A decision
				under 15 AAC 125.232 -
				15 AAC 125.246 and this section to
				disestablish paternity is effective from the date of filing of the petition to
				disestablish paternity under
				15 AAC 125.236(a)
				unless the agency determines there is good cause to select a different
				effective date.
(g) The provisions
				of 15 AAC 125.118(c), (d), and (f) apply to proceedings under
				15 AAC 125.232 -
				15 AAC 125.246 and this section to
				the extent that those provisions are not inconsistent with a provision of
				AS
				25.27.166,
				15 AAC 125.232 -
				15 AAC 125.246, or this section.
				The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to appeals of administrative review decisions issued under
				15 AAC 125.232,
				15 AAC 125.246, and this
				section.
(h) During the pendency of
				a proceeding under
				15 AAC 125.232 -
				15 AAC 125.246, and this section,
				the petitioner shall pay to the agency all support payments that are
				due.
(i) If the agency
				administratively disestablishes a party's paternity, the party's uncollected
				arrearages accrued under the state administrative child support order will be
				extinguished in accordance with
				AS
				25.27.166.
Authority:
AS
					 25.27.020
AS
					 25.27.166