Rule 290-7-1-.20. Waiver of Payment of Unreimbursed Public Assistance Administrative Orders Only

1. (1) Pursuant to O.C.G.A. § 19-11-5(b), the Commissioner of the Department of Human Services vests the director of the Department and designees with the authority to waive, reduce, or negotiate the payment of unreimbursed public assistance. This authority is limited to administrative child support orders (not judicial orders) that create a debt owed to the state. In making a recommendation and determination regarding a waiver, reduction or negotiation of a debt owed under O.C.G.A. § 19-11-5(b), the Department shall consider the following factors:

   1. (a) whether good cause existed for the nonpayment of the unreimbursed public assistance;
   2. (b) whether repayment of this debt would result in substantial and unreasonable hardship for the parent owing the debt; and
   3. (c) the obligor's current ability to pay the debt, and the regularity of payments.
2. (2) Any determinations to waive, reduce or negotiate a settlement of the unreimbursed public assistance made pursuant to this Rule must be in writing and approved by the director or designee. These records shall be available for review and subject to audit.

Authority: O.C.G.A. § 19-11-5

History. Original Rule entitled "Waiver of Payment of Unreimbursed Public Assistance - Administrative Orders Only" adopted. F. Nov. 2, 2005; eff. Nov. 22, 2005.

Repealed: New Rule of the same title adopted. F. June 15, 2011; eff. July 5, 2011.

Amended: F. June 4, 2021; eff. June 24, 2021.

Amended: F. Apr. 15, 2026; eff. May 5, 2026.