§576E-5 Commencement of administrative proceedings; notice.

294 words·~1 min read·/hi/576e-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§576E-5 Commencement of administrative proceedings; notice. The agency shall serve a notice of administrative proceedings and notice of financial responsibility upon the parties prior to the issuance of an order under this chapter. Where applicable, notice shall contain the following:

(1)A copy or statement of the order proposed to be entered;

(2)A statement that the parties are entitled to an administrative hearing before an impartial hearings officer to contest the entry of the order together with an explanation of the procedure for requesting a hearing;

(3)A statement of rights at the hearing together with an explanation of defenses or objections which may be considered by the hearings officer;

(4)A statement of the legal authority under which the hearing is to be held;

(5)A statement that the property of the parties may be seized or that the income of the parties may be withheld for payment of support;

(6)A statement that information relating to the parties' nonpayment of support may be made available to credit-reporting agencies;

(7)A statement that child and spousal support shall be payable by an order for immediate income withholding which shall be entered concurrently with the administrative order pursuant to section 576E-16;

(8)A statement that parties have the right to request judicial review of a final order of a hearings officer pursuant to section 576E-13;

(9)A statement that an administrative determination of a support obligation creates a judgment by operation of law upon filing of the order at the family court and as such is entitled to full faith and credit in any other state or jurisdiction. [L 1988, c 154, pt of §2; am L 1990, c 176, §12; am L 1993, c 251, §4; am L 1994, c 105, §6]