The Title IV-D Agency shall make the determination as to whether an individual is cooperating as required by §55.3 of this subchapter relating to Cooperation Required for Recipients of Child Support Services.

1. (1) If a recipient of public assistance (TANF or Medical Assistance-Only) fails to cooperate:

   1. (A) The Title IV-D Agency must report the determination of non-cooperation to the Department of Human Services.

   2. (B) The Department of Human Services must immediately notify the recipient and impose penalties pursuant to Human Resources Code, §31.0032:

      1. (i) by reducing the recipient's next grant award if a TANF recipient, or
      2. (ii) terminating only the recipient's medical benefits if a Medical Assistance-Only recipient.
   3. (C) The recipient may request a hearing to show good cause for not cooperating not later than the 13th day after receipt of the notice of non-cooperation issued by the Department of Human Services, in which case, the procedures in §55.5 of this subchapter (relating to Good Cause for Failure to Cooperate) apply.

   4. (D) The penalty for failure to cooperate shall remain until the recipient complies with the specific IV-D requirement that caused the penalty. When the Title IV-D Agency determines the recipient is cooperating:

      1. (i) the Title IV-D Agency shall immediately notify the Department of Human Services the recipient is cooperating and
      2. (ii) the Department of Human Services shall lift the penalty.
2. (2) If only the child(ren) receives Medical Assistance-Only, the Title IV-D agency shall notify the individual who fails to cooperate that IV-D services may be terminated.
3. (3) If a person who is a former recipient of public assistance (TANF or Medical Assistance-Only) fails to cooperate, the Title IV-D Agency shall notify the person that failure to cooperate may result in termination of IV-D services.
4. (4) If a person who has never been a recipient of public assistance fails to cooperate, the Title IV-D Agency shall notify the person that failure to cooperate will result in termination of IV-D services.

Source Note:The provisions of this §55.4 adopted to be effective November 30, 2000, 25 TexReg 11645; amended to be effective June 1, 2003, 28 TexReg 4095.