reglab/statecodes huggingface dataset:
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 18 - UNEMPLOYMENT COMPENSATION › Section 144-351-18-1 - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
Pursuant to
					 26 M.R.S.
					 §1191(7), the
					 Department, acting as the State's child support enforcement agency, and the
					 Commissioner of the Department of Labor are required to take action that
					 results in the withholding of unemployment compensation benefits from
					 responsible parents who owe child support obligations payable to the
					 Department.
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 18 - UNEMPLOYMENT COMPENSATION › Section 144-351-18-2 - PROCEDURE

Current through 2024-29, July 17, 2024
A. The Division shall provide the Department
				  of Labor with a data file no less often than bi-weekly that identifies each
				  responsible parent who owes a child support obligation payable to the Division.
				  The Division's file shall include the amount of the responsible parent's
				  current parental support obligation and the amount of the responsible parent's
				  debt for past-due support.
B. If a
				  responsible parent reported by the Division pursuant to paragraph A receives
				  unemployment compensation benefits from the Department of Labor, the Department
				  of Labor shall withhold benefits that exceed the state income exemption amount
				  as calculated under
				  19-A M.R.S.
				  §2356, up to the amount of the
				  responsible parent's child support obligation, which includes the current
				  parental support obligation and any debt for past-due support. The Department
				  of Labor shall send benefits withheld to the Department within 10 days of the
				  withholding for credit against the responsible parent's child support
				  obligation.
C. Paragraph A
				  notwithstanding, the Division may seek to withhold unemployment compensation
				  benefits by legal process if a responsible parent owes a child support
				  obligation being enforced under the State's Title IV-D state plan. The Division
				  may initiate withholding by issuing the payor an Income Withholding Order or
				  other valid legal order, writ, process, or instrument for withholding as and
				  when authorized by law.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-1 - PURPOSE

Current through 2024-29, July 17, 2024
Not less frequently than once every 36 months, the
					 Division shall send written notice to parents who are subject to a support
					 order being enforced by the Division of the right to have the order reviewed
					 and, if appropriate, modified according to the applicable child support
					 guidelines. Any parent may request the Division to review his or her support
					 order.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-2 - PROVISIONS SUPPLEMENTAL

Current through 2024-29, July 17, 2024
The requirement to send notice under this Chapter is used
					 in conjunction with existing procedures that permit modification of child
					 support orders, including the provisions in Chapter 12 of this
					 Manual.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of this chapter, unless the context otherwise
					 indicates, the following terms have the following meanings:
A. "Parent" means any custodial parent,
				  noncustodial parent, caretaker relative, or other legal custodian of a
				  dependent child.
B. "Review" means
				  an objective evaluation of information necessary to determine whether a current
				  parental support obligation varies from the State's Child Support Guidelines
				  and whether a support order requires the responsible parent to obtain or
				  maintain health insurance coverage if available at reasonable cost.
C. "Substantial change of circumstances"
				  means that a current parental support obligation varies more than 15% from a
				  parental support obligation determined under 19-A M.R.S.A. §2006, provided
				  that the support order was not based on a deviation from the guidelines
				  pursuant to 19-A M.R.S.A. §2007.
D. "Support order" means the child support
				  and health insurance obligations established by a court order of support or an
				  administrative decision.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-4 - REVIEW OF SUPPORT ORDERS

Current through 2024-29, July 17, 2024
The Division shall review the support order if there has
					 been a substantial change in circumstances or if more than three years have
					 passed from the date the support order was established or last modified except
					 if:
A. The child is over the age of 17
				  years and 8 months when the support order is scheduled for review. This age
				  limitation does not apply if the Division reasonably may conclude that the
				  support order will continue by its terms beyond the child's 18th birthday;
				  or
B. The Division determines in
				  accordance with regulations issued by the Secretary of the U.S. Department of
				  Health and Human Services that a review of the support order would not be in
				  the best interests of the child and neither parent subject to the support order
				  has requested a review.
This section also applies in cases in which medical support
					 rights are assigned to the Department under
					 42 C.F.R.
					 §433.146 (non-TANF Medicaid) and those
					 cases in which there is an assignment of child support rights to the Department
					 under §471(a)(17) of the Social Security Act (Foster Care).
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-5 - ADVANCE NOTICE OF REVIEW

Current through 2024-29, July 17, 2024
A. At least 30 days
				  before the Division reviews a support order under this chapter, the Division
				  shall send each parent subject to the support order written notice of the
				  Division's intention to review the support order to determine whether it is
				  consistent with the State's Child Support Guidelines and whether it requires
				  the responsible parent to provide health insurance coverage if available at
				  reasonable cost.
B. The Division
				  shall send the advance notice of review to each parent by regular mail. An
				  advance notice of review is adequate notice of the Division's intention to
				  review the support order if the notice is sent to each parent's most recent
				  address as evidenced by the Department's records. If a parent is not known to
				  the Division, the Division shall verify the parent's address before sending the
				  notice. The Division is not required to establish that either parent received
				  actual notice of the Division's intention to review the support order at a
				  hearing to amend an administrative decision. If based on a review the Division
				  pursues modification or amendment of the support order, either parent may
				  contest the Division's findings in the proceeding to modify or amend the
				  support order.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-6 - REQUIREMENT TO COMPLETE INCOME AFFIDAVITS; SANCTIONS

Current through 2024-29, July 17, 2024
When notified of the Division's intention to review a
					 support order, both parents are required to submit a completed income affidavit
					 to the Division within 30 days. The Division shall provide each parent with a
					 blank income affidavit form and instructions for its completion along with the
					 advance notice of review. If a parent does not submit timely a completed income
					 affidavit and there is insufficient reliable information about the parent's
					 income, the Division may presume that the parent has an earning capacity equal
					 to the average weekly wage of a worker within this State as determined by the
					 most recent Department of Labor statistics found at Appendix A of the
					 Manual.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-7 - NOTICE OF REVIEW FINDINGS

Current through 2024-29, July 17, 2024
A. Upon completing
				  a review of a support order, the Division shall notify each parent by regular
				  mail of the results of the review and whether the Division intends to pursue
				  modification or amendment of the support order.
B. A notice of review findings is deemed
				  adequate notice of the Division's findings if the notice is sent to each
				  parent's most recent address as evidenced by the Department's records. The
				  Division is not required to establish that either parent received actual notice
				  of the results of the review at a hearing to amend an administrative decision.
				  If based on a review the Division pursues modification or amendment of the
				  support order, either parent may contest the Division's findings in the
				  proceeding to modify or amend the support order.
C. Either parent may submit written comments
				  and additional information to the Division within 30 days of the date of
				  mailing of a notice of review findings. The Division shall consider any written
				  comments or additional information submitted timely as part of the review. The
				  Division shall provide copies of any written comments and additional
				  information submitted to the other parent and shall notify both parents by
				  regular mail whether the written comments or additional information affects the
				  Division's findings. The Division's review of a support order under this
				  chapter is not subject to an administrative appeal hearing A notice sent by the
				  Division in response to comments or additional information submitted by either
				  parent is final agency action as defined by 5 M.R.S.A. §8002(4) and is
				  subject to judicial review under 5 M.R.S.A. §11001.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-8 - MOTION TO MODIFY SUPPORT

Current through 2024-29, July 17, 2024
If upon review of a court order of support the Division
					 finds a substantial change of circumstances since the order was established or
					 last modified, or that the court order of support does not require the
					 responsible parent to obtain or maintain health insurance coverage if available
					 at reasonable cost, the Division may request the Department of Attorney General
					 to file a motion to modify support pursuant to
					  19-A M.R.S.A.
					 §2009.
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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-10 - REQUEST FOR REVIEW OF SUPPORT ORDERS ISSUED BY OTHER STATES

Current through 2024-29, July 17, 2024
If the Department receives a request to review a support
					 order issued by a court or administrative agency of another state the Division
					 may request the Title IV-D agency of the state that requested the review or
					 that issued the support order to review the amount of the support order to
					 determine whether it is consistent with that state's support guidelines. The
					 Division shall review support orders in interstate cases only as and when
					 required by federal regulations.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-1 - REQUESTS FOR INFORMATION

Current through 2024-29, July 17, 2024
Unless an alleged responsible parent is a putative father
					 of a child conceived and born out-of-wedlock, the Division may request of any
					 person information relating to the following matters concerning a responsible
					 parent or alleged responsible parent:
A. Complete name;
B. Date and place of birth;
C. Social security number;
D. Current or last known address;
E. Present and past employment
				  status;
F. Earnings;
G. Assets and liabilities;
H. Availability and description of present or
				  previous health insurance coverage for a dependent child; and
I. Health insurance benefits paid or applied
				  for under a policy of health insurance for a dependent child.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-2 - NOTICE TO THE RESPONSIBLE PARENT

Current through 2024-29, July 17, 2024
Whenever the Division makes a request under 20.1 it shall
					 notify the responsible parent or alleged responsible parent by regular mail at
					 his or her last known address.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-3 - PENALTY FOR KNOWING FAILURE TO RESPOND, KNOWING FAILURE TO DISCLOSE, OR KNOWING REFUSAL TO DISCLOSE

Current through 2024-29, July 17, 2024
Knowing failure to respond to a request for information
					 within 10 days after service is a civil violation for which a forfeiture not to
					 exceed $1,000 may be adjudged. Knowing refusal or knowing failure to disclose
					 to the Department any of the information described in 20.1 or that is sought in
					 a request for information by the Department, the disclosure of which is not
					 prohibited by federal or State statute, or which is not privileged under the
Maine Rules of Evidence
, is a civil violation for which a
					 forfeiture not to exceed $1,000 may be adjudged.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-4 - LIMITATION IF ALLEGED RESPONSIBLE PARENT IS A PUTATIVE FATHER

Current through 2024-29, July 17, 2024
If an alleged responsible parent is a putative father of a
					 child conceived and born out-of-wedlock, the Division may only request
					 information relating to the following matters concerning the alleged
					 responsible parent:
A. Complete
				  name;
B. Date and place of
				  birth;
C. Social security
				  number;
D. Current or last known
				  address; and
E. Present and past
				  employment status.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-5 - IMMUNITY FROM LIABILITY

Current through 2024-29, July 17, 2024
A person may disclose to the Division any of the
					 information described in 20.1 that is sought in a request by the Division, the
					 disclosure of which is not prohibited by federal or State statute or which is
					 not privileged under the
Maine Rules of Evidence
, without
					 incurring any liability to any other person because of the
					 disclosure.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-6 - FACILITATION OF RESPONSES

Current through 2024-29, July 17, 2024
A request must be accompanied by a prepaid, pre-addressed
					 envelope.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-7 - AFFIRMATION OF RESPONSES

Current through 2024-29, July 17, 2024
The Division may require that a request be affirmed under
					 the penalties for unsworn falsification (
					 17-A M.R.S.A.
					 §453 ).
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-8 - CONFIDENTIALITY OF INFORMATION; UNLAWFUL DISSEMINATION

Current through 2024-29, July 17, 2024
All information collected pursuant to this chapter is
					 confidential. It is available for use by appropriate Division personnel and
					 legal counsel only. It may only be used for carrying out official duties of the
					 Division. A person may be guilty of unlawful dissemination if that person
					 knowingly disseminates information collected by the Division pursuant to this
					 chapter. Unlawful dissemination is a class E crime which is punishable by a
					 fine of not more than $500 or by imprisonment for not more than 30
					 days.
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 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-AM.R.S.A. SECTION 2152 › Section 144-351-20-9 - ADMISSIBLE EVIDENCE

Current through 2024-29, July 17, 2024
Information provided by any person pursuant to
					 19-AM.R.S.A.
					 §2152 is admissible as a public record
					 pursuant to the
Maine Rules of Evidence
803(8)(A) and is not
					 within the investigative report exception found in the
Maine Rules of
					 Evidence
803(8)(B) because the information is provided pursuant to a
					 duty imposed by law and is inherently reliable.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-2 - NOTICE

Current through 2024-29, July 17, 2024
The Division may serve notice upon a support obligor who is
					 not in compliance with a support order that informs the obligor of the
					 Division's intention to submit the obligor to any appropriate board as a
					 licensee who is not in compliance with a support order. The notice must inform
					 the obligor that:
A. The obligor may
				  request an administrative hearing to contest the issue of compliance;
B. A request for hearing must be made in
				  writing and must be received by the Division within 20 days of
				  service;
C. If the obligor requests
				  a hearing within 20 days of service the Division shall stay action to certify
				  the obligor to any board for noncompliance with a support order pending a
				  decision after hearing;
D. If the
				  obligor does not request a hearing within 20 days of service and is not in
				  compliance with a support order the Division shall certify the obligor to any
				  appropriate board for noncompliance with a support order;
E. If the Division certifies the obligor to a
				  board for noncompliance with a support order the board must revoke the
				  obligor's license and refuse to issue or reissue a license until the obligor
				  provides the board with a written statement issued by the Division that
				  confirms the obligor is in compliance with the obligor's order of support. And
				  that a revocation by an agency or board or a refusal by an agency or board to
				  reissue, renew or otherwise extend the obligor's license or certificate of
				  authority is deemed a final determination within the meaning of
				  5 M.R.S.A.
				  §10002; and
F. The obligor can come into compliance with
				  a court order of support by:
1. Paying
				  current support;
2. Paying all
				  past-due support, or if unable to pay all past-due support and a periodic
				  payment for past-due support has not been ordered by the court, by making
				  periodic payments in accordance with a written agreement with the Division;
				  and
3. Meeting the obligor's health
				  insurance obligation.
The notice must include the address and telephone number of
					 the Division's support enforcement office that issues the notice and a
					 statement of the need for the obligor to obtain written confirmation of
					 compliance from the Division as provided in section
					 9. The Division shall attach a copy
					 of the obligor's order of support to the notice.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-3 - PAYMENT AGREEMENT

Current through 2024-29, July 17, 2024
For purposes of this chapter, if an obligor demonstrates a
					 present inability to pay all past-due child support, the Department, upon
					 request or upon its own initiative, shall enter into a reasonable payment
					 agreement with the obligor that takes into account the obligor's income,
					 assets, reasonable expenses and ability to borrow. An obligor who is unable to
					 pay all past-due support may come into compliance with the support order by
					 executing a written payment agreement with the Division and by complying with
					 that agreement. A condition of a written payment agreement must be that the
					 obligor pay the current child support when due. Before a written agreement is
					 executed, the obligor shall disclose fully the obligor's financial
					 circumstances, including income from all sources, assets, liabilities and work
					 history for the past year and provide documentation.
Failure to comply with a written payment agreement is
					 grounds for license revocation unless the obligor notifies the Division that
					 the obligor is unable to comply with the agreement and provides the Division
					 with evidence of the obligor's current financial circumstances to support the
					 claim.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-4 - HEARING

Current through 2024-29, July 17, 2024
An obligor may request an administrative hearing upon
					 service of the notice described in section 2 or upon receiving a notice under
					 section
					 13. The request for hearing must
					 be made in writing and must be received by the Division within 20 days of
					 service. A request for hearing is deemed timely if the 20th day after service
					 is a weekend, holiday or other non-business day for the Department and the
					 request is received by the Division on the next business day. The Department
					 shall conduct hearings under this subsection in accordance with the
					 requirements of Title 5, chapter 375, subchapter 4 of the Maine Revised
					 Statutes Annotated. The issues that may be determined at hearing are limited to
					 whether the obligor is required to pay child support under the support order
					 for which the Division issued a notice of noncompliance and, if so, whether the
					 obligor is in compliance with that support order, although the obligor may
					 raise additional issues, including the reasonableness of a payment agreement in
					 light of the obligor's current circumstances, to be preserved for
					 appeal.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-5 - DECISION AFTER HEARING

Current through 2024-29, July 17, 2024
The Department shall render a decision after hearing
					 without undue delay as to whether the obligor is in compliance with the
					 obligor's support order. The only issues that may be decided are whether the
					 obligor is required to pay child support under the support order for which the
					 Division issued a notice of noncompliance and, if so, whether the obligor is in
					 compliance with that support order. The decision must be based on the hearing
					 record and the rules adopted by the Commissioner. The decision must inform the
					 obligor that the obligor may file a petition for judicial review of the
					 decision within 30 days of the date of the decision. The Department shall send
					 an attested copy of the decision to the obligor by regular mail to the
					 obligor's most recent address of record.
The obligor is presumed to have received the decision
					 within three (3) days of mailing.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-6 - JUDICIAL REVIEW

Current through 2024-29, July 17, 2024
If the obligor files a timely petition for review of final
					 agency action with the court, the court may hear and determine any issues
					 raised at the hearing, including the reasonableness of a payment agreement in
					 light of the obligor's current circumstances.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-7 - STAY

Current through 2024-29, July 17, 2024
If an obligor who is served notice under section 2 or who
					 is notified under section
					 13 timely requests a hearing to
					 contest the issue of compliance, the Division shall not certify to a board that
					 the obligor is not in compliance with a support order unless the Department
					 issues a decision after hearing that finds the obligor is not in compliance
					 with the support order.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-8 - CERTIFICATION OF NONCOMPLIANCE

Current through 2024-29, July 17, 2024
The Division may certify in writing to any appropriate
					 board that a support obligor is not in compliance with a support order
					 if:
A. The obligor does not timely
				  request a hearing upon service of a notice issued under section 2 or upon
				  receipt of a notice under section
				  12 and is not in compliance with
				  the order of support 21 days after service of the notice;
B. The Department issues a decision after
				  hearing that finds the obligor is not in compliance with a support order and
				  the obligor has not appealed the decision within the 30 day appeal period
				  provided in section 5; or
C. The
				  court enters a judgment on a petition for judicial review that finds the
				  obligor is not in compliance with a support order.
The Division shall send by regular mail a copy of any
					 certification of noncompliance filed with a board to the obligor at the
					 obligor's most recent address of record.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-9 - NOTICE FROM BOARD; FINAL DETERMINATION

Current through 2024-29, July 17, 2024
A board shall notify an obligor certified by the Division
					 under section 7, without undue delay, either that the obligor's application for
					 the issuance or renewal of a license may not be granted, or that the obligor's
					 license has been revoked, as applicable, because the obligor has been certified
					 by the Division as a support obligor who is not in compliance with a support
					 order. A revocation or refusal to reissue, renew or otherwise extend the
					 license by a board for noncompliance with a support order is deemed a final
					 determination within the meaning of Title
					 5 M.R.S.A.
					 §10002.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-10 - STATEMENT OF COMPLIANCE

Current through 2024-29, July 17, 2024
When an obligor who is served notice under section 2, who
					 is notified under section
					 13 or who is certified to a board
					 subsequently complies with the support order, the Division shall issue the
					 obligor a written statement that confirms the obligor is in compliance with
					 that support order.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-11 - MOTION TO MODIFY OR REQUEST TO AMEND A SUPPORT ORDER

Current through 2024-29, July 17, 2024
Nothing in this chapter prohibits a support obligor from
					 filing a motion to modify support with the court or from requesting the
					 Department to amend a support obligation established by an administrative
					 decision.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-12 - REPORTING OF LICENSEES

Current through 2024-29, July 17, 2024
On or before April 1, 1994, or as soon as economically
					 feasible and at least annually thereafter, all boards subject to this section,
					 and the Department of Professional and Financial Regulation, Division of
					 Administrative Services shall provide to the Division the following information
					 about all applicants for licensure and all current licensees:
A. Name;
B. Address of record;
C. Federal employer identification number or
				  social security number;
D. Type of
				  license;
E. Effective date of
				  license or renewal;
F. Expiration
				  date of license; and
G. Active or
				  inactive status.
The information must be provided on magnetic tape or other
					 machine-readable form unless the Division agrees to accept the information in
					 an alternative form. The Department of Professional and Financial Regulation,
					 Securities Division shall provide the information specified by this section for
					 only those current licensees that are residents of this State.
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 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2201 › Section 144-351-21-14 - SUBSEQUENT REISSUANCE, RENEWAL OR OTHER EXTENSION OF LICENSE

Current through 2024-29, July 17, 2024
A board may reissue, renew or otherwise extend an obligor's
					 license in accordance with that board's rules after the board is presented with
					 a written statement issued by the Division that confirms the obligor is in
					 compliance with the obligor's order of support. A board may waive any
					 applicable requirement for reissuance, renewal or other extension if it
					 determines that the imposition of that requirement places an undue burden on
					 the licensee and that the waiver of the requirement is consistent with the
					 public interest.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of this chapter, unless the context otherwise
					 indicates, the following terms have the following meanings:
A.
Compliance with a support
				  order
. "Compliance with a support order " means that the support obligor
				  is: no more than 60 days in arrears in making payments in full for current
				  supportor no more than 30 days in arrears if the obligor has been more than 30
				  days in arrears at least 2 times within the past 24 months or, if applicable,
				  is making periodic payments in accordance with a written agreement with the
				  Division of Support Enforcement and Recovery or a support order issued by a
				  court; and has obtained or maintained health insurance coverage if required by
				  a support order.
B.
Support
				  order
. "Support order" means any judgment, decree or order, whether
				  temporary, final or subject to modification, issued by a court or an
				  administrative agency of competent jurisdiction for the support and maintenance
				  of a child, including a child who has attained the age of majority under the
				  law of the issuing state, or a child and the parent with whom the child is
				  living, that provides for monetary support, health care, arrearages or
				  reimbursement and may include related costs and fees, interest and penalties,
				  income withholding, attorney's fees and other relief.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-2 - NOTICE

Current through 2024-29, July 17, 2024
The Division may serve notice upon a support obligor who is
					 not in compliance with a support order that informs the obligor of the
					 Division's intention to certify the obligor to the Secretary of State as an
					 individual who is not in compliance with a support order. The notice must
					 inform the obligor that:
A. The
				  obligor may contest the issue of compliance at an administrative
				  hearing;
B. A request for hearing
				  must be made in writing and must be received by the Division within 20 days of
				  service;
C. If the obligor requests
				  a hearing within 20 days of service the Division shall stay action to certify
				  the obligor to the Secretary of State for noncompliance with a support order
				  pending a decision after hearing;
D. If the obligor does not timely request a
				  hearing to contest the issue of compliance, the Division shall certify the
				  obligor to the Secretary of State for noncompliance with a support
				  order;
E. If the Division certifies
				  the obligor to the Secretary of State, the Secretary of State must suspend any
				  motor vehicle operator's licenses that the obligor holds and the obligor's
				  right to apply for or obtain a motor vehicle operator's license;
F. If the obligor requests a hearing, the
				  obligor shall direct the request to the Division's support enforcement office
				  that is responsible for handling the obligor's case; and
H. The obligor can come into compliance with
				  a court order of support by:
1. Paying
				  current support;
2.  Paying all
				  past-due support, or if unable to pay all past-due support and a periodic
				  payment for past-due support has not been ordered by the court, by making
				  periodic payments in accordance with a written agreement; and
3. Meeting the obligor's health insurance
				  obligation.
The notice must include the address and telephone number of
					 the Division's support enforcement office that issues the notice and a
					 statement of the need for the obligor to obtain written confirmation of
					 compliance from the Division as provided in section
					 8. The Division shall attach a copy
					 of the obligor's order of support to the notice.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-3 - PAYMENT AGREEMENT

Current through 2024-29, July 17, 2024
For purposes of this chapter, if an obligor demonstrates a
					 present inability to pay all past-due child support, the Department, upon
					 request or upon its own initiative, shall enter into a reasonable payment
					 agreement with the obligor that takes into account the obligor's income,
					 assets, reasonable expenses and ability to borrow.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-4 - HEARING

Current through 2024-29, July 17, 2024
An obligor may request an administrative hearing within 20
					 days of service of the notice described in section
					 2. The request for hearing must be
					 in writing and must be received by the Division within 20 days. A request for
					 hearing is deemed timely if the 20th day after service is a weekend, holiday or
					 other non-business day for the Department and the request is received by the
					 Division on the next business day. The Department shall conduct the hearing in
					 accordance with the requirements of Title 5, chapter 375, subchapter 4 of the
					 Maine Revised Statutes Annotated. The issues that may be determined at hearing
					 are limited to whether the obligor is required to pay child support under the
					 support order for which the Division issued a notice of noncompliance and, if
					 so, whether the obligor is in compliance with that support order, although the
					 obligor may raise additional issues, including the reasonableness of a payment
					 agreement in light of the obligor's current circumstances, to be preserved for
					 appeal.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-5 - DECISION AFTER HEARING

Current through 2024-29, July 17, 2024
The Department shall render a decision after hearing
					 without undue delay as to whether the obligor is in compliance with the
					 obligor's support order. The only issues that may be decided are whether the
					 obligor is required to pay child support under the support order for which the
					 Division issued a notice of noncompliance and whether the obligor is in
					 compliance with that support order. The decision must be based on the hearing
					 record and rules adopted by the Commissioner. The decision must inform the
					 obligor that the obligor may file a petition for judicial review of the
					 decision within 30 days of the date of the decision. The Department shall send
					 an attested copy of the decision to the obligor by regular mail to the
					 obligor's most recent address of record. The obligor is presumed to have
					 received the decision within three (3) days of mailing.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-6 - JUDICIAL REVIEW

Current through 2024-29, July 17, 2024
If the obligor files a timely petition for review of final
					 agency action with the court, the court may hear and determine any issues
					 raised at the hearing, including the reasonableness of a payment agreement in
					 light of the obligor's current circumstances.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-7 - STAY

Current through 2024-29, July 17, 2024
If an obligor who is served notice under section 2 timely
					 requests a hearing to contest the issue of compliance, the Division shall not
					 certify to the Secretary of State that the obligor is not in compliance with a
					 support order unless the Department issues a decision after hearing that finds
					 the obligor is not in compliance with the support order.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-8 - CERTIFICATION OF NONCOMPLIANCE

Current through 2024-29, July 17, 2024
The Division may certify in writing to the Secretary of
					 State that a support obligor is not in compliance with a support order
					 if:
A. The obligor does not timely
				  request a hearing upon service of a notice issued under section 2 and is not in
				  compliance with the support order 21 days after service of the
				  notice;
B. The Department issues a
				  decision after hearing that finds the obligor is not in compliance with a
				  support order and the obligor has not appealed the decision within the 30 day
				  appeal period provided in section 5; or
C. The court enters a judgment on a petition
				  for judicial review that finds the obligor is not in compliance with a support
				  order .
The Division shall send by regular mail a copy of any
					 certification of noncompliance filed with the Secretary of State to the obligor
					 at the obligor's most recent address of record.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-9 - STATEMENT OF COMPLIANCE; CLAIMS OF SPECIAL NEEDS

Current through 2024-29, July 17, 2024
When an obligor who is served notice under section 2 or who
					 is certified under section°7 subsequently complies with the support order,
					 the Division shall issue the obligor a written statement that confirms the
					 obligor is in compliance with that support order. An obligor whose motor
					 vehicle operator's license is under suspension for noncompliance with a support
					 order may request the Division to issue a written statement that permits the
					 Secretary of State to issue a temporary license valid for a period not to
					 exceed 120 days. The Division may grant such requests only upon a showing of
					 substantial need to obtain a temporary license and only if the obligor
					 demonstrates his or her intention to comply with or seek amendment of the
					 support order.
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 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES; PROCEEDINGS UNDER 19-AM.R.S.A. SECTION 2202 › Section 144-351-22-10 - MOTION TO MODIFY COURT ORDER; REQUEST TO AMEND ADMINISTRATIVE DECISION

Current through 2024-29, July 17, 2024
Nothing in this chapter prohibits a support obligor from
					 filing a motion to modify support with the court or from requesting the
					 Department to amend a support obligation established by an administrative
					 decision.
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 23 - EMPLOYER REPORTING › Section 144-351-23-1 - DUTY TO REPORT

Current through 2024-29, July 17, 2024
By authority of and in accordance with
					 19-A M.R.S.
					 §2154, any employer doing business in
					 the State of Maine shall report to the Division the hiring of a newly hired
					 employee. An "employer" for New Hire reporting purposes is the same as for
					 Federal income tax purposes (as defined by
					 26
					 U.S.C. §
											3401(d) ) and
					 includes any governmental entity or labor organization. Accordingly, included
					 in the population of employers doing business in this State are schools,
					 municipalities, operators of fairs, non-profit organizations, employers of
					 three or fewer employees and all others. For the purposes of this Chapter,
					 "newly hired employee" means a person who resides or works in this State to
					 whom the employer anticipates paying earnings and who:
A. Was previously employed by the employer
				  but who has been separated from that prior employment for at least 60
				  consecutive days; or
B. Has not
				  previously been employed by the employer.