1. (a) A non-custodial parent, who the Office of the Attorney General has determined owes past-due child support and whose federal income tax refund is therefore subject to interception by the Office of the Attorney General, may contest the determined amount of past-due child support or arrears by contacting the Office of the Attorney General and submitting a written complaint to the Office of the Attorney General, Child Support Enforcement Division, at the office address which appears on the notice of an intended or actual administrative action, either:

   1. (1) seeking to informally resolve any dispute; or
   2. (2) requesting a formal administrative review hearing. Seeking to informally resolve any dispute shall not preclude the non-custodial parent from subsequently requesting a formal hearing.
2. (b) If the order upon which the Office of the Attorney General calculated the amount of past-due and owing child support was entered by a court of another state, the non-custodial parent may request a hearing in that state.
3. (c) The request for administrative review must be submitted no later than 30 days from the date the non-custodial parent received notice of an intended or actual report of past-due amounts to the federal Internal Revenue Service and no later than 45 days from the date on the notice of an intended or actual report of past-due amounts to the federal Internal Revenue Service.
4. (d) A hearing shall be granted by the Office of the Attorney General upon the request of the non-custodial parent's submission, not less than 30 days following the non-custodial parent's receipt of notice of the actual offset, of a completed request for administrative review form to be obtained from the Office of the Attorney General. (The request for administrative review form for contesting federal income tax refund intercepts, appears at the end of this section.)
5. (e) In interstate cases where a non-custodial parent has requested a hearing in Texas to contest an arrearage amount calculated by the IV-D agency of another state, the Office of the Attorney General shall grant the requested hearing upon notification of the request by the other state. The non-custodial parent shall then be furnished with a request for administrative review form and be required to return it to the Office of the Attorney General no later than 10 days prior to the hearing date.

6. (f) The parties may appear in person, with or without a representative. However, administrative review hearings will be held by telephone conference call, unless the administrative review hearing examiner grants a written request for an in-person hearing. Such request must be received by the hearing examiner no later than 10 days prior to the hearing. The hearing record shall be made by an audio recording of the telephone conference call.

   1. (1) If the non-custodial parent so desires, he or she may submit any contentions and evidence in the form of an affidavit properly acknowledged, thereby making his or her participation unnecessary. If the non-custodial parent does not participate in the hearing, any properly acknowledged affidavit from the non-custodial parent may be submitted and admitted as evidence into the hearing record and may be considered by the hearing examiner in determining the facts; and
   2. (2) In non-AFDC cases, should the custodial parent choose not to participate, the information and affidavit provided at the time of application shall be considered. If the custodial parent does not participate in the hearing, any properly acknowledged affidavit from the custodial parent may be submitted and admitted as evidence into the hearing record and may be considered by the hearing examiner in determining the facts.
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Source Note:The provisions of this §55.101 adopted to be effective May 25, 1992, 17 TexReg 3464.