1. A. The Title IV-D Agency shall notify OCSE to withdraw certification for passport denial for an obligor if one or more of the following applies:

   1. 1. The Title IV-D Agency makes a final determination during an administrative review that:

      1. a. The case does not meet the criteria for passport denial in R6-7-402; or
      2. b. There has been a mistake regarding the identity of the obligor;

   2. 2. The obligor has paid the arrearage down to:

      1. a. An amount less than the amount that qualifies for certification under federal statute, and has entered into a payment agreement with the Title IV-D Agency; or
      2. b. Zero; or
      3. c. An amount agreed to by the Title IV-D Agency, if the arrearage is owed to both the state and the obligee, provided the obligor agrees to and complies with any other terms required by the Title IV-D Agency, and the provisions of R6-7-405(B).

2. B. The Title IV-D Agency shall also notify OCSE to withdraw certification for passport denial for an obligor if all of the following apply:

   1. 1. The obligee agrees to accept partial payment of the total arrearages owed by the obligor to the obligee, even though the payment does not comply with the requirements of R6-7-405(A)(2) to pay arrearages down to zero or an amount less than that which qualifies for certification under federal statute;
   2. 2. The obligor and obligee agree to the amount of the partial payment in writing, and the document is signed by both parties and submitted to the Title IV-D Agency;
   3. 3. The Title IV-D Agency advises the obligee that the Title IV-D Agency may not have the opportunity to request passport denial for another 10 years;
   4. 4. The obligee provides the Title IV-D Agency with a signed, notarized statement acknowledging receipt of the advisement in subsection (3) before the notification to OCSE to withdraw certification for passport denial;
   5. 5. The obligor enters into a payment agreement with the Title IV-D Agency for the remainder of the arrearages owed; and
   6. 6. The Title IV-D Agency consents to the agreement between the obligor and the obligee.
3. C. The Title IV-D Agency shall notify OCSE by facsimile, computer, or other electronic or non-electronic means to withdraw certification for passport denial, in accordance with OCSE requirements.
4. D. If an obligor fails to comply with the terms of any payment agreement with the Title IV-D Agency, and the arrearage qualifies for certification under federal statute, the Title IV-D Agency shall re-certify the obligor to OCSE for passport denial.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).