reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.408 - Parent Survey

Current through Reg. 49, No. 28; July 12, 2024
(a) Each certified
				  entity must provide the parents (and presumed father, if applicable,) with the
				  opportunity to complete and sign the Parent Survey if the parent was provided
				  the opportunity to voluntarily acknowledge paternity. The Parent Survey on the
				  Acknowledgment of Paternity (AOP) may be found at:
				  http://www.oag.state.tx.us/cs/forms/1798patsurvey.pdf.
(b) If the parents or presumed father do not
				  wish to complete the survey, the certified entity must note this on the
				  form.
(c) The certified entity must
				  retain the parent survey in its files.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.409 - Rescinding Acknowledgment or Denial

Current through Reg. 49, No. 28; July 12, 2024
Any signatory to an Acknowledgment of Paternity or Denial
					 of Paternity may rescind an acknowledgment or denial through a certified entity
					 providing such services. The rescinding party must:
(1) Complete a Rescission of Acknowledgment
				  of Paternity form.
(2) Mail copies
				  of the Rescission of Acknowledgment of Paternity form by certified or
				  registered mail to all people who signed the original Acknowledgment of
				  Paternity or Denial of Paternity and the Attorney General's Office, if
				  required.
(3) Submit to Texas
				  Department of State Health Services, Vital Statistics Unit:
(A) the original Rescission of Acknowledgment
				  of Paternity form; and
(B) the
				  original proof of mailing of the copies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter K - RELEASE OF INFORMATION › Section 55.501 - Release of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon request
				  to the IV-D agency by an authorized person or his or her authorized
				  representative, the IV-D agency may provide the following information:
(1) the status of pending or possible legal
				  action regarding a case involving the authorized person;
(2) copies of legal documents that have been
				  filed with the court and that are maintained in the files and records of the
				  agency, so long as the authorized person is a party and the documents have not
				  been sealed by the court or there is no order prohibiting the release of the
				  documents;
(3) copies of
				  correspondence or documents previously provided to the IV-D agency by the
				  authorized person making the request;
(4) copies of correspondence or documents
				  previously provided by the IV-D agency to the authorized person making the
				  request;
(5) records of child
				  support payments and any arrearage balances regarding the authorized person's
				  child support case;
(6) amount
				  submitted to a credit reporting agency regarding the authorized person's child
				  support obligation; and
(7) any
				  other information authorized to be released pursuant to federal statute or
				  rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.551 - Scope

Current through Reg. 49, No. 28; July 12, 2024
Section 466 of the federal Social Security Act (the Act),
					 as amended by the Personal Responsibility and Work Opportunity Reconciliation
					 Act of 1996 (P. L.104-193), requires each state to establish procedures under
					 which the state's child support enforcement agency (Title IV-D agency) shall
					 enter into agreements with financial institutions for the purpose of securing
					 information leading to the enforcement of child support orders. The Title IV-D
					 agency shall develop and operate, in coordination with such financial
					 institutions and the Federal Parent Locator Service, a data match system in
					 which each financial institution will provide each calendar quarter the name,
					 record address, social security number or other taxpayer identification number,
					 and other identifying information for each non-custodial parent who maintains
					 an account at such institution and who owes past-due child support, as
					 identified by the Title IV-D agency by name and social security number or other
					 taxpayer identification number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.552 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) "Account" means a
				  demand deposit account, checking or negotiable withdrawal order account,
				  savings account, time deposit account, or money-market mutual fund
				  account.
(2) "Account owner record"
				  means the record used by a financial institution to report account owner
				  information including payee identification information, account balance and
				  account type.
(3) "Account file"
				  means an electronic file submitted to the Title IV-D agency listing all
				  accounts of the financial institution under the option provided by Match Method
				  1 (infra).
(4) "Authorized
				  representative" means an officer or executive of a financial institution
				  authorized to sign a memorandum of agreement (infra) on behalf of the
				  institution.
(5) "FEIN" means the
				  federal employer identification number.
(6) "Financial institution" means:
(A) a depository institution, as defined in
				  Section 3(c) of the Federal Deposit Insurance Act (RSA
				  1813(c));
(B) an institution-affiliated party, as
				  defined in Section 3(u) of the Federal Deposit Insurance Act (RSA
				  1813(u));
(C) any federal credit union or state credit
				  union, as defined in Section 101 of the Federal Credit Union Act (RSA
				  1752), including an institution-affiliated
				  party of such a credit union, as defined in Section 206(r) of such Act
				  (RSA
				  1786(r)); or
(D) any benefit association, insurance
				  company, safe deposit company, money-market mutual fund, or similar entity
				  authorized to do business in the State.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.553 - Financial Institution Data Match Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A financial institution doing business in
				  the State shall participate on a calendar quarter basis in the exchange of data
				  with the Title IV-D agency or its agent, matching the names of delinquent child
				  support obligors with the names of account holders and providing information
				  from matched account owner records on all accounts owned by the delinquent
				  child support obligor. A financial institution must share the required
				  information with the Title IV-D agency using data specifications approved by
				  the federal Office of Management and Budget (OMB Control No: 0970-0196) on
				  March 5, 1999, in one of two methods:
(1)
				  Match Method 1 ("all accounts method"): A financial institution shall submit to
				  the Title IV-D agency or its designated agent an account file and total record
				  on a quarterly basis and within fourteen days of the end of the week designated
				  by the financial institution; or
(2) Match Method 2 ("matched accounts"): A
				  financial institution shall conduct a data match against an inquiry file
				  supplied by the Title IV-D agency, OCSE, or authorized agent on all customer
				  accounts maintained by the financial institution. The financial institution
				  must provide an account file on all accounts that were matched with the inquiry
				  file. The financial institution must submit the total record to the Title IV-D
				  agency, OCSE, or authorized agent within forty-five (45) days of its receipt of
				  the inquiry file. The financial institution shall destroy, erase, or return the
				  inquiry file to the Title IV-D agency or OCSE within forty-five (45) days of
				  its receipt of the inquiry file.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.555 - Multi-State Financial Institution Data Match Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Child
				  Support Performance and Incentive Act of 1998 (P.L. 105-200)
				  modified the federal Social Security Act to better facilitate the data match
				  for multi-state financial institutions.
				  RSA
				  652(l), as amended,
				  authorizes OCSE to act as the conduit between the States and territories and
				  the multi-state financial institutions in the development and implementation of
				  a centralized, quarterly data match program for the collection of delinquent
				  child support. Multi-state financial institutions may choose to match through
				  OCSE or with the individual states in which they do business. Financial
				  institutions choosing to participate as a multi-state financial institution
				  must use Match Method 2.
(b) A
				  multi-state financial institution choosing to match through OCSE may contact
				  OCSE at: Office of Child Support Enforcement, Multi-state Financial Institution
				  Data Match, Post Office Box 509, Randallstown, Maryland 21133. Assistance may
				  be found via e-mail at: fidm@ssa.gov, or Web site:
				  http://www.acf.hhs.gov/programs/cse/.
(c) If a multi-state financial institution
				  discontinues its reporting through OCSE, it shall promptly submit a memorandum
				  of agreement to enter the match process with the Title IV-D agency its
				  agent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.556 - Liability of Financial Institutions for Disclosure of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The federal
				  Social Security Act (RSA
				  666(a)(17)) provides that a
				  financial institution shall not be liable under any federal or state law to any
				  person
(1) for any disclosure of information
				  to the State child support enforcement agency,
(2) for encumbering or surrendering any
				  assets they hold in response to a notice of lien or levy issued by the state
				  child support enforcement agency, or
(3) for any other action taken in good faith
				  to comply with the requirements of Section 466(a)(17)(A) of the Act. Section
				  469A of the Act also provides protection from liability for multi-state
				  financial institutions disclosing information to the federal parent locate
				  service through the multi-state financial institution data match.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.557 - Reimbursement to Financial Institutions for Data Processing

Current through Reg. 49, No. 28; July 12, 2024
Reimbursement to financial institutions for the cost of
					 processing the data required by this subchapter is not
					 available.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter L - FINANCIAL INSTITUTION DATA MATCHES › Section 55.558 - Confidentiality and Security

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Title IV-D agency and each financial institution shall develop procedures,
				  subject to State and federal law and regulation, to ensure that information
				  contained in their respective records and obtained from each other shall be
				  kept confidential.
(b) In
				  accordance with section 453 of the Act, the information provided to the
				  financial institutions, or their designated agents, for the purpose of
				  conducting the data matches may not be used by such institutions or agents for
				  any other purpose and may not be disclosed to any person except to the extent
				  necessary to conduct the data matches. The financial institutions or any of its
				  agents shall return, destroy or erase all information provided to the financial
				  institution or any of its agents after completion of the data matches. The
				  total record provided by a financial institution to the Title IV-D agency under
				  this agreement remains confidential under federal law
				  RSA
				  669a(b).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter M - INTERCEPT OF INSURANCE CLAIMS › Section 55.601 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Under Texas
				  Family Code §
										RSA
				  231.015, the Child Support Division (CSD) of
				  the Office of the Attorney General, in consultation with the Texas Department
				  of Insurance and representatives of the insurance industry, is required to
				  operate by rule an insurance intercept program under which insurers must
				  cooperate with the CSD in matching the names of claimants with the names of
				  child support obligors who owe past-due child support. When such an individual
				  is identified, the insurer will receive either a notice of child support lien
				  or an income withholding order to secure the payment of the amount of past-due
				  support. This subchapter explains how the matching process and the reporting
				  process work.
(b) Except as
				  provided by subsection (c) of this section, as used in this subchapter, a
				  "claim" that must be matched and must be reported is any which seeks an
				  economic benefit for the claimant.
(1) An
				  "economic benefit" under a life, accident, health policy or annuity is defined
				  as a payment in which an individual is paid as the payee or co-payee:
(A) for a claim by a beneficiary under a life
				  insurance policy;
(B) for the cash
				  surrender value by an owner of a life insurance policy or annuity;
(C) for payments to an annuitant;
				  or
(D) a payment to an individual
				  as the payee or co-payee on a first-party claim as defined herein, unless
				  excluded under subsection (c)(2) of this section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter M - INTERCEPT OF INSURANCE CLAIMS › Section 55.602 - Data Matching Options

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Child Support Division (CSD) has contracted with the State of Rhode Island and
				  Providence Plantations to participate in the Child Support Lien Network (CSLN).
				  CSLN provides an insurer with two methods of matching: an Automated Data Match
				  and an Interactive Lookup. An insurer subject to the requirements of this
				  subchapter may choose to provide or obtain matching information using either or
				  both the CSLN Automated Data Match process and the CSLN Interactive
				  Lookup.
(b) As an alternative to an
				  automated data match with CSLN, an insurer may participate in a similar
				  automated data match with the federal Office of Child Support Enforcement
				  (OCSE). An insurer may obtain information about the OCSE match program,
				  including enrollment options, through the OCSE website (
http://www.acf.hhs.gov/css
). An
				  insurer or agent of an insurer participating in OCSE's automated, data match
				  process may either submit information on claims to OCSE or receive a file from
				  OCSE containing information about individuals who owe past-due support
				  (delinquent obligor information) and generate a match file to OCSE.
(c) A data match must occur before any claim
				  is paid. The data match must be made at the time or after a claim is filed but
				  before the claim has been paid. In addition to this match, an insurer can
				  perform periodic data matching in advance of such claims. In the event of a
				  match prior to a claim, the insurer will not pay the claim without first
				  confirming with CSD that the match is still valid, and without first receiving
				  and processing either a notice of child support lien or an income withholding
				  order to secure payment of the amount of past-due support or a
				  release.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter M - INTERCEPT OF INSURANCE CLAIMS › Section 55.603 - Insurance Services Office Data Match

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer can conduct an automatic data
				  match of its pending claims against a list of delinquent child support obligors
				  maintained by the Insurance Services Office (ISO). ISO is an industry service
				  provider, located in New Jersey, which provides a claim search service to
				  assist subscribing insurers in fraud detection.
(b) An insurer participating in the automated
				  data matching process must give ISO permission to match the insurer's claim
				  data with Child Support Lien Network (CSLN) or the federal Office of Child
				  Support Enforcement (OCSE).
(c)
				  CSLN matches its list of child support obligors daily against the ISO claim
				  data. ISO returns matches to OCSE to distribute to the State child support
				  agency(ies) responsible for collecting past-due support.
(d) A participating insurer will receive a
				  notice of child support lien (or withholding instrument for a workers'
				  compensation claim) only on those claims that the insurer has registered with
				  ISO and that match the name of an obligor who owes past-due child support.
				  Claims information that does not match individuals who owe past-due support is
				  discarded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter M - INTERCEPT OF INSURANCE CLAIMS › Section 55.604 - Interactive Lookup

Current through Reg. 49, No. 28; July 12, 2024
(a) By accessing the
				  Child Support Lien Network (CSLN) database (http://www.childsupportliens.com),
				  an insurer may determine whether a claimant owes past-due child
				  support.
(b) Secure access to the
				  CSLN database will be approved once the registration information and
				  confidentiality statement have been received and reviewed.
(c) Unless the insurer is participating in
				  the CSLN or the federal Office of the Child Support Enforcement (OCSE)
				  Automated Data Match, the insurer must query the database prior to the payment
				  of the claim.
(1) For claims involving
				  periodic payments after the insurer has determined that benefits will be
				  payable, the query must be made only prior to the initial payment after the
				  insurer has determined that benefits are payable. No inquiry is required for
				  each periodic payment for 12 months thereafter. Examples of these types of
				  claims would include:
(A) periodic payments
				  under a disability policy;
(B)
				  workers' compensation policy;
(C)
				  accident or health insurance policy involving periodic payments; or
(D) payments to an annuitant for an
				  annuitization including systematic withdrawal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter M - INTERCEPT OF INSURANCE CLAIMS › Section 55.606 - Confidentiality and Security

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Title IV-D agency shall consider any information received from an insurer as
				  confidential. Such information shall be used or disclosed by the Child Support
				  Division only for the purpose of collecting past-due child support or for other
				  purposes as enumerated in subsection (c) of Family Code §
										RSA
				  231.108.
(b) In accordance with §453 of the
				  federal Social Security Act, any information provided by the Child Support
				  Division to an insurer, or its designated agent, for the purpose of conducting
				  a data match may not be used by the insurer or its agent for any other purpose
				  and may not be disclosed to any person except to the extent necessary to
				  conduct the data match. The insurer or its agent shall destroy or erase all
				  information provided to the insurer after completion of a data match. This
				  subsection does not apply to data contained in a child support lien or other
				  encumbering instrument received from the Child Support Division after the data
				  match process.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.701 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The National Medical Support Notice ("the Notice") is
					 intended to provide a standardized means of communication between State child
					 support enforcement agencies, employers, and parents. The Notice will
					 facilitate the process of enrolling children in the group health plans for
					 which their parents are eligible and create a uniform and streamlined process
					 for enforcement of health care coverage to ensure that all children receive the
					 health care coverage for which they are eligible and to which they are
					 entitled.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.702 - Form

Current through Reg. 49, No. 28; July 12, 2024
The Notice is a federally mandated form and can be found at
					 §
										RSA
					 55.120 of this title.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.703 - Use of Form

Current through Reg. 49, No. 28; July 12, 2024
The Notice must be used by the Title IV-D Agency. It may be
					 used in conjunction with an order in any Suit Affecting the Parent-Child
					 Relationship to enforce health care coverage.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.704 - Title IV-D Agency Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Title IV-D Agency shall use the Notice to inform employers of the
				  requirement for insurance coverage for the child(ren) of employees.
(b) In a IV-D case, the Title IV-D Agency may
				  transfer the National Medical Support Notice to the employer of an employee
				  obligated to provide health care coverage within two business days after the
				  date of entry of the employee in the State Directory of New Hires.
(c) The Title IV-D Agency must promptly
				  notify the employer when there is no longer a current order for health care
				  coverage in effect for which the IV-D Agency is responsible.
(d) The Title IV-D Agency, in consultation
				  with the custodial parent, must promptly select from available insurance plan
				  options when the plan administrator reports that there is more than one option
				  available under the plan and when there is no default plan.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.705 - Employer Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the child cannot be enrolled in the employer health insurance plan because the
				  employer does not maintain a plan, the employee is not eligible, or the
				  employee is no longer employed by the employer, the employer must complete the
				  Employer Response Form and provide the employer representative information to
				  the Title IV-D Agency within 20 business days of receipt of the
				  Notice.
(b) Employers must transfer
				  the Notice to the appropriate group health plan administrator within 20
				  business days after the date of the Notice.
(c) Employers must withhold any obligation of
				  the employee for employee contributions necessary for coverage of the
				  child(ren) and send any amount withheld directly to the plan.
(d) Employees may contest the withholding
				  based on a mistake of fact. If the employee contests such withholding, the
				  employer must initiate withholding until such time as the employer receives
				  notice that the contest is resolved.
(e) The employer must notify the Title IV-D
				  Agency should the federal withholding limitation prevent the withholding from
				  the employee's income of the amount reported to obtain coverage under the terms
				  of the plan.
(f) If an employer
				  would like to receive the Notice through electronic transmission the employer
				  must notify the Title IV-D Agency.
(g) If the child is enrolled in the
				  employer's health plan, or is already enrolled in another health insurance plan
				  in accordance with a previous child support or medical support order to which
				  the child is subject, the employer must provide this information by first class
				  mail to the IV-D agency. The statement must be sent no later than 30 days after
				  the date the employer receives the National Medical Support Notice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.706 - Plan Administrator Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The employer's plan administrator must
				  complete the Health Insurance Enrollment Information sheet and the plan
				  administrator's response and return them within 40 business days of the date of
				  the Notice.
(b) If multiple health
				  insurance plans are available, the employer must enroll the child(ren) in the
				  employer's default health insurance plan. If no default plan is designated, the
				  employer must contact the Title IV-D Agency.
(c) If the plan administrator determines the
				  Notice does not constitute a qualified Medical Support Order, the plan
				  administrator must notify the Title IV-D Agency of the deficit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter N - NATIONAL MEDICAL SUPPORT NOTICE › Section 55.707 - Employee Contest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  employee may contest withholding under the Notice based upon a mistake of fact
				  by requesting a review by the Title IV-D agency no later than 30 calendar days
				  from the date of the notice of issuance.
(b) The form for requesting a review to
				  contest withholding under the Notice is located on the Office of the Attorney
				  General's website www.oag.state.tx.us.
(c) The Title IV-D Agency shall provide the
				  employee, within 10 business days of receipt of the request for review,
				  information regarding the date, time, and place of the review, which may be by
				  telephonic conference or in person, as may be appropriate under the
				  circumstances.
(d) The Title IV-D
				  agency shall complete the review within 30 business days from the date of
				  receipt of a request for review. The employer and employee must comply with the
				  terms of the Notice during the contest period until notified by the Title IV-D
				  agency to revise or terminate coverage.
(e) After the review, the Title IV-D agency
				  may issue a revised Notice to the employer or terminate the Notice. A revised
				  Notice or Termination Notice shall be sent to the employer no later than 10
				  business days after the date of the review.
(f) If the review fails to resolve an issue
				  in dispute, and the National Medical Support Notice is not terminated or
				  revised, the Title IV-D agency shall notify the employee of that determination
				  within five business days of the date of the review and inform the employee
				  that he/she may request a court hearing to resolve the issue(s) in dispute by
				  filing a Motion to Withdraw the National Medical Support Notice and requesting
				  a hearing with the court of continuing jurisdiction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter O - STATE DISBURSEMENT UNIT › Section 55.801 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The Office of the Attorney General operates the State
					 Disbursement Unit, which is responsible for receiving, disbursing, maintaining
					 and furnishing child support payments and records in accordance with applicable
					 federal and state law. Texas Family Code §
										RSA 234.006 authorizes
					 the adoption of rules in compliance with federal law for the operation of the
					 State Disbursement Unit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter O - STATE DISBURSEMENT UNIT › Section 55.802 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Office of the
				  Attorney General--The state's Title IV-D agency administered by the Child
				  Support Division of the Office of the Attorney General.
(2) State Disbursement Unit--The unit
				  established and operated by the Title IV-D agency, the Office of the Attorney
				  General Child Support Division, under
				  RSA
				  654(b) that has
				  responsibility for receiving, disbursing, maintaining and furnishing child
				  support payments and records.
(3)
				  Authorization for Release of Information Form 1A004--The form used when a
				  custodial or noncustodial parent wishes to authorize the Office of the Attorney
				  General to release case status information, redirect correspondence or redirect
				  payments to another person, company, organization, or governmental
				  entity.
(4) Revocation of
				  Authorization for Release of Information Form 1A005--The form used when a
				  custodial or noncustodial parent wishes to cancel their authorization for the
				  Office of the Attorney General to release case status information, redirect
				  correspondence or redirect payments to another person, company, organization,
				  or governmental entity previously named on the Authorization for Release of
				  Information Form 1A004.
(5) Direct
				  Deposit Application Form 6A002--The form signed by an obligee that authorizes
				  the State Disbursement Unit to set up direct deposit for all child support
				  payments to be deposited directly into a bank account.
(6) Texas Debit Card--The plastic card used
				  by obligees to gain immediate access to child support payments through the use
				  of electronic fund transfer systems via automated teller machines or the
				  electronic funds transfer point-of-sale system.
(7) Obligee--A person or entity entitled to
				  receive payments of child support, including an agency of this state or of
				  another jurisdiction to which a person has assigned the person's right to
				  support.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter O - STATE DISBURSEMENT UNIT › Section 55.803 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The prescribed forms for Direct Deposit Application (Form
					 6A002), the Authorization for Release of Information (Form 1A004) and the
					 Revocation of Authorization for Release of Information (Form 1A005) can be
					 obtained on the Office of the Attorney General's website www.oag.state.tx.us
					 under Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter O - STATE DISBURSEMENT UNIT › Section 55.804 - Methods of Disbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  OAG's Child Support Division will disburse child support payments to an obligee
				  by electronic funds transfer either by direct deposit into an account
				  maintained by the obligee in a financial institution or through the Texas Debit
				  Card system unless the obligee has signed an Authorization for Release of
				  Information Form (1A004) to allow payments to be sent to a private collection
				  agency or other third party.
(b) An
				  obligee may choose to receive their child support payment through direct
				  deposit into their bank account by completing the Direct Deposit Application
				  Form (6A002).
(c) An obligee may
				  decline to receive payments by electronic funds transfer and request payment by
				  paper warrants if the obligee alleges in writing that receiving payments by
				  electronic funds transfer would impose a substantial hardship.
(d) If an obligee fails to notify the State
				  Disbursement Unit of the existence of an account maintained with a financial
				  institution, or closes an account maintained with a financial institution
				  previously used to accept direct deposit of a child support payment, without
				  establishing a new account and informing the State Disbursement Unit, the Title
				  IV-D Agency will issue a debit card and provide the obligee with instructions
				  for activating and using the debit card.
(e) An obligee who has signed an
				  Authorization for Release of Information Form (1A004) must revoke that
				  authorization by signing a Revocation of Authorization for Release of
				  Information Form (1A005) to receive their payments through the Texas Debit
				  Card.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter P - REVIEW AND ADJUSTMENT OF A SUPPORT ORDER › Section 55.851 - Review and Adjustment of a Child Support Order

Current through Reg. 49, No. 28; July 12, 2024
(a) For persons receiving Title IV-D
				  services, the Title IV-D agency will review the support order for modification
				  every three years:
(1) for a TANF
				  case;
(2) at the request of either
				  parent for a post-assistance or Medical Assistance-Only case; or
(3) at the request of either parent for a
				  case in which the parent has applied for Title IV-D services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Agency--A department,
				commission, board, authority, office, or other agency in the executive branch
				of state government, including university systems and institutions of higher
				education as defined by §
									RSA
				61.003 of the Education Code, but excluding
				public junior colleges.
(2) Chief
				Administrator--Has the meaning defined by §
									RSA
				660.002(4) of the Government
				Code.
(3) Contingency Fee--Has the
				meaning defined by §
									RSA
				2254.101(1) of the
				Government Code.
(4) Invoice--An
				itemized list of legal services provided, and fees, charges, or expenses
				associated with those services, by Outside Counsel to an Agency pursuant to an
				Outside Counsel Contract.
(5)
				Invoice Summary--As provided by the Outside Counsel Contract, a document
				furnished by Outside Counsel to the Agency that supports a submitted Invoice.
				The Invoice Summary must indicate the total number of hours worked by each
				legal professional during the billing period and the total number of hours
				billed by each timekeeper during the billing period; or, if the fee is based on
				a fixed fee basis or fee schedule, the number and type of projects or matters.
				The Invoice Summary must also include a subtotal for all legal fees, expenses,
				and the total amount of the Invoice, as well as the total amount of all
				Invoices submitted to the Agency to date under the Outside Counsel
				Contract.
(6) Outside Counsel--An
				attorney or law firm selected by an Agency to provide legal services. The term
				does not include a full-time employee of the Agency or the Office of the
				Attorney General.
(7) Outside
				Counsel Contract--A contract for legal services between an Agency and Outside
				Counsel selected by the Agency that must be approved by the Office of the
				Attorney General pursuant to this chapter.
(8) Request for Voucher Approval--A request
				made by an Agency to the Office of the Attorney General for the Office of the
				Attorney General to:
(A) review an Outside
				Counsel's Invoice; and
(B) to
				approve the payment of the Invoice, pursuant to this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				does not constitute independent authority for any Agency to contract for legal
				services with Outside Counsel.
(b)
				This chapter does not apply to an Agency excluded by §
									RSA
				402.0212(a) of the
				Government Code or an Agency granted an exemption by, and at the sole
				discretion of, the Office of the Attorney General.
(c) The Attorney General, First Assistant
				Attorney General, or their designee, as designated in writing, may waive or
				modify any provision or requirement contained in this chapter at their sole
				discretion. To be effective, any such waiver or modification must be in
				writing.
(d) The Office of the
				Attorney General, at its sole discretion, may grant exemptions from or modify
				the retention of Outside Counsel process and the Request for Voucher Approval
				process in certain instances. Such exemptions or modifications may be based on
				the type and subject matter of the Outside Counsel Contract at issue.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.3 - Retention of Outside Counsel

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Attorney General serves as the State of Texas' legal counsel and the Office of
				the Attorney General therefore represents state agencies and institutions of
				higher education. Accordingly, Agencies may not retain or select any Outside
				Counsel without first receiving authorization and approval from the Office of
				the Attorney General to do so. The Office of the Attorney General will
				determine if retaining Outside Counsel is in the best interest of the
				State.
(b) An Agency requiring
				legal services from Outside Counsel must first submit a completed Request to
				Retain Outside Counsel form to the Office of the Attorney General. The form and
				instructions for submitting the form are available on the Office of the
				Attorney General's official website or upon request from the General Counsel
				Division of the Office of the Attorney General.
(c) No later than ten (10) business days of
				receipt of the Request to Retain Outside Counsel form, the Office of the
				Attorney General will notify the requesting Agency that:
(1) the Agency's request has been approved
				and it may proceed with the process of selecting Outside Counsel;
(2) the Agency's request has been denied;
				or
(3) the Agency must provide the
				Office of the Attorney General with additional information before a decision to
				approve or deny the request will be made.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.4 - Request for Qualification Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An Agency seeking to obtain legal services from Outside Counsel must publish a
				Request for Qualifications for Outside Counsel in the Texas State Business
				Daily for thirty (30) days.
(b) The
				Request for Qualifications for Outside Counsel publication must contain:
(1) a description of the legal services that
				the Outside Counsel will provide;
(2) the name and contact information for an
				Agency employee who should be contacted by an attorney or law firm that intends
				to submit their qualifications;
(3)
				the closing date for the receipt of qualifications;
(4) the procedure by which the Agency will
				make a selection of Outside Counsel;
(5) notice that the selection of and
				contracting with, Outside Counsel is subject to the approval of the Office of
				the Attorney General; and
(6) any
				other information the Agency deems necessary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.5 - Outside Counsel Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				authorized by law, an Outside Counsel Contract or any amendment to an Outside
				Counsel Contract must be approved by the Office of the Attorney General to be
				valid and enforceable.
(b) When
				entering into an Outside Counsel Contract, an Agency and Outside Counsel must
				use the Outside Counsel Contract template promulgated by the Office of the
				Attorney General. The contract template and instructions on submitting it are
				available on the Office of the Attorney General's official website or upon
				request from the General Counsel Division of the Office of the Attorney
				General.
(c) In the event of an
				inconsistency between this chapter and an executed Outside Counsel Contract,
				the contract shall prevail.
(d)
				Once an Agency selects an Outside Counsel, the Agency shall submit one copy of
				its proposed Outside Counsel Contract to the Office of the Attorney General for
				approval pursuant to this chapter. The Outside Counsel Contract must be signed
				by an authorized representative of the Outside Counsel and the chief
				administrator of the Agency, or authorized designee.
(e) Agency shall submit to the OAG the
				disclosure statement previously submitted by the selected Outside Counsel to
				the Agency. If the Agency is satisfied in its choice of Outside Counsel
				selected, the Agency shall submit to the OAG an affirmative statement that it
				is satisfied in its choice of selected Outside Counsel notwithstanding the
				information contained in the disclosure statement.
(f) Upon receipt of a proposed Outside
				Counsel Contract, the Office of the Attorney General will review the contract
				and either approve or reject it based upon the best interest of the State and
				compliance with state law.
(g) If
				the Office of the Attorney General approves a proposed Outside Counsel
				Contract, an authorized representative of the Office of the Attorney General
				will indicate that approval on the contract and return the signed copy to the
				Agency.
(h) If the Office of the
				Attorney General rejects a proposed Outside Counsel Contract, it will contact
				the submitting Agency to discuss the basis for the rejection and to explore
				whether revisions to the proposed contract could rectify the basis for the
				rejection. In the event the proposed contract is rejected and rectifying
				amendments are not acceptable or possible, the Office of the Attorney General
				will contact the submitting Agency to discuss alternatives to representation by
				the selected Outside Counsel.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.6 - Invoices for Legal Services and Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Outside Counsel shall prepare correct and
				complete Invoices and submit them, along with an Invoice Summary, for the
				billing period to the Agency for payment.
(b) A correct and complete Invoice must
				include, at a minimum, the following information:
(1) Outside Counsel Contract identification
				number;
(2) Agency name;
(3) Outside Counsel name;
(4) Vendor Identification Number (assigned by
				the Texas Comptroller of Public Accounts), Social Security Number of an
				authorized representative of Outside Counsel or other appropriate payment
				identification number;
(5) Invoice
				number and date;
(6) Billing period
				of services rendered for which payment is being sought;
(7) Description and date of the task or
				service provided, the billable time for the task or service, the name and
				position (partner, associate, paralegal, etc.) of the timekeeper that performed
				the task or service, and the applicable hourly rate; or, if the fee is based on
				a fixed fee basis or fee schedule, the number and type of projects or
				matters;
(8) For filing charges, a
				description of the document filed and the name and location of the entity the
				document was filed with;
(9) For
				expenses, a copy of each receipt or other proof of payment; and
(10) Other information requested by the
				Agency or the Office of the Attorney General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 57 - OUTSIDE COUNSEL CONTRACTS › Section 57.7 - Agency Review of Invoices

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				an Invoice, the Agency shall immediately mark the Invoice with the date the
				Agency received the Invoice. The Agency must review the submitted Invoice, and
				any other information deemed necessary, to verify that:
(1) the legal services contained in the
				Invoice were performed and were reasonable and either necessary or
				advisable;
(2) the legal services
				contained in the Invoice were performed within the term and scope of services
				of the Outside Counsel Contract;
(3) the legal billing rates are the same as
				those set in the Outside Counsel Contract;
(4) any expense that requires the Agency's
				pre-approval was in fact pre-approved; and
(5) the total amount of the Invoice, along
				with all prior payments made to Outside Counsel under the Outside Counsel
				Contract, do not exceed the maximum liability amount set in the Outside Counsel
				Contract.