Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 24 - NATIONAL MEDICAL SUPPORT NOTICE › Section 144-351-24-2 - MISTAKE OF FACT; AFFIRMATIVE DEFENSES

Current through 2024-29, July 17, 2024
A responsible parent may claim a mistake of fact or assert
					 affirmative defenses after the issuance of a NMSN.
A.
Claims
. To claim a mistake of
				  fact or assert affirmative defenses the responsible parent must tell the
				  Division in writing why the responsible parent believes he or she is not
				  subject to the NMSN. Affirmative defenses must be asserted within 30 days of
				  the date of mailing of the order to the responsible parent. The Department
				  shall not review affirmative defenses that are asserted more than 30 days from
				  the date of mailing of the order. A claim of mistake of fact supported by
				  documentation that tends to prove the responsible parent's claim may be made at
				  any time. If a responsible parent claims a mistake of fact, the responsible
				  parent must provide the Division with documentation that tends to prove the
				  claim if such documentation is reasonably available. All claims must be sent to
				  the Division's representative who issued the NMSN. All claims received by the
				  Division's representatives must be forwarded without undue delay to that
				  person's immediate supervisor for review.
B.
Review
. A District Supervisor
				  or other qualified individual employed by the Division shall review each claim
				  received without undue delay. A review must consist of an objective evaluation
				  of all available evidence that indicates whether the claimant is a responsible
				  parent subject to the order or whether the NMSN was issued in error. The
				  District Supervisor or other qualified individual shall take reasonable steps
				  to investigate the factual bases of any affirmative defenses raised by the
				  claimant. Upon completing a review and/or investigation the District Supervisor
				  or other qualified individual shall compile a record of the claim that consists
				  of the claim itself and all evidence considered as part of the review. Based
				  upon the record compiled, the District Supervisor or other qualified individual
				  must prepare a written report that contains recommended findings and a
				  recommended decision. The report must be issued to the responsible parent and
				  the Division's Regional Manager or other qualified individual designated by the
				  Division's Director. The report issued to the responsible parent must include a
				  notice that the responsible parent may comment or provide additional evidence
				  to the Division's Regional Manager or other individual designated by the
				  Division's Director within 30 days. After the comment period ends, the Regional
				  Manager or other designated individual must issue a final decision without
				  undue delay.
C.
Appeal
. The issuance of a final decision under this section is
				  final agency action for purposes of
				  5 M.R.S.A.
				  §11001. The decision must inform the
				  responsible parent of the right to judicial review.