Sec.17-603-11. Special considerations for the child support enforcement program

(a) Prehearing Review by the Support Enforcement Division and Fair Hearing by the Department

(1) An individual who has been mailed a notice of action concerning one or more of the following enforcement actions shall have the right to request a review by the Support Enforcement Division of the Superior Court:

(A) Withholding of a refund of federal income taxes in accordance with Section 52-362e-2 of the Regulations of Connecticut State Agencies.

(B) Placement of a lien in accordance with Section 52-362d-2 of the Regulations of Connecticut State Agencies.

(C) Reporting of an arrearage to a consumer reporting agency in accordance with Section 52-362d-3 of the Regulations of Connecticut State Agencies.

(D) Withholding of a refund of state income taxes in accordance with Section 52-362e-3 of the Regulations of Connecticut State Agencies.

(2) To obtain such a review, an aggrieved person shall request a review from the Support Enforcement Division within twenty (20) days of the mailing date of the notice of action.

(3) If the aggrieved person is dissatisfied with the review decision by the Support Enforcement Division, or the Support Enforcement Division has taken no action on the request within fifteen (15) days, the aggrieved person shall have the right to request a fair hearing.

(4) A fair hearing shall be requested within sixty (60) days from the mailing date of the notice of action, regardless of whether the Support Enforcement Division completed its review.

(5) Failure to request a review from the Support Enforcement Division shall not preclude the aggrieved person from requesting a fair hearing within sixty (60) days from the mailing date of the notice of action.

(b) Appeals from Account Reviews

Individuals who are aggrieved by an account review decision have the right to request a fair hearing in accordance with Section 17-603 of the Connecticut General Statutes and these regulations.

(c) Defenses for the Child Support Enforcement Program

Defenses that the aggrieved person may raise at a fair hearing concerning the withholding of state or federal income tax refunds, placement of liens, credit bureau reporting, and offset against money payable by the state include, but are not limited to, those defenses set out in Sections 52-362d-1 and 52-362e-1 of the Regulations of Connecticut State Agencies.

(d) Rights of Custodial Relative(s) in Non-AFDC Cases

(1) In non-AFDC cases only, a copy of the notice of hearing mailed to the aggrieved person, in accordance with Section 17-603-4 of these regulations, shall also be mailed to the custodial relative(s) at least ten (10) days prior to a scheduled hearing.

(2) The custodial relative(s) in non-AFDC cases only, who attends the fair hearing shall have the same rights as the aggrieved person, including, but not limited to: legal representation, testimony, witnesses, exhibits, receipt of the decision and right to appeal.

(e) Interstate Cases

(1) In interstate cases where the obligor resides in another state, the obligor may request a desk review from this state or an administrative review from the state with the order upon which the enforcement action is based.

(2) Requests for an administrative review from the state with the order shall be made through the State of Connecticut. Within ten (10) days of receipt of such a request, the Department shall notify the state with the order of the request and provide all necessary information to that state.

(3) In a case where another state submits to the IRS a referral for offset on the basis of a Connecticut court order, and the other state transfers the case to Connecticut for administrative review, the hearing officer shall schedule the hearing and render a decision within forty-five (45) days from the receipt of the other state's request, unless:

(A) the other state's request is incomplete; or

(B) the parties request and receive a continuance.

(Effective June 1, 1993)