Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 10 - Miscellaneous Provisions › 15 AAC 125.860 - Nondisclosure of identifying information based on evidence of domestic violence

Current through May 31, 2024
(a) Upon receipt by the agency of an
				application for services or a request for disclosure of information regarding a
				child support case, or if during the agency's enforcement of a support
				obligation the agency has reason to believe that evidence of domestic violence
				exists, the agency will send a notice to a parent of the right to request that
				identifying information not be disclosed to the other parent based on evidence
				of domestic violence.
(b) A parent
				may request that identifying information not be disclosed to the other parent
				based on evidence of domestic violence. The request must be in writing and must
				be accompanied by evidence of domestic violence. Evidence of domestic violence
				includes evidence that the other parent was arrested and charged with domestic
				violence, or convicted of domestic violence, statements from persons who have
				witnessed acts or threats of domestic violence by the other parent, or a
				parent's sworn testimony or affidavit setting out facts establishing acts or
				threats of domestic violence by the other parent, even if the other parent was
				not arrested, charged, or convicted as a result of those acts or
				threats.
(c) The agency will issue
				an administrative review decision as soon as practicable after receiving a
				request under (b) of this section. The agency will grant the request if the
				agency determines that the health, safety, or liberty of a parent or a child is
				put unreasonably at risk by disclosure of identifying information about the
				parent or child. If the agency grants the request under (b) of this section,
				the agency will order that identifying information about the parent or child
				not be disclosed to any other person or in any pleading or other document filed
				in a proceeding under AS 25.25 or AS 25.27.
(d) Except as provided in (e) of this
				section, the administrative review decision granting or denying the request for
				nondisclosure will be served only on the requesting party. Upon receipt of the
				administrative review decision, the requesting party may request a formal
				hearing to contest the administrative review decision. The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to appeals under this subsection.
(e) If a party requests disclosure of
				identifying information after the issuance of an nondisclosure order under (c)
				of this section, the agency will promptly send a copy of the nondisclosure
				order by first class mail or by electronic means to the party requesting
				disclosure. Upon receipt of the nondisclosure order, a party may request a
				formal hearing to contest the nondisclosure order. The request for a formal
				hearing must be made in writing within 30 days after the nondisclosure order is
				sent to the contesting party. The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to appeals under this section.
As of Register 173 (April 2005), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 125.860(e).
Authority:
AS
					 25.27.020
AS
					 25.27.100