Texas Administrative Code

(a) When notice of contraband seizure is given by certified mail, return receipt requested, notice is deemed to have been served when the green card (PS Form 3811) is returned to the officer by the U.S. Postal Service. The officer shall provide returned green card(s) to the prose…

(a) A licensed dealer, distributor, or manufacturer (hereinafter "licensee") may use the licensee's number to show, demonstrate, or test a vessel on the water of this state without acquiring a certificate of number and registration decals. The licensee's number shall be attached,…

This subchapter applies only to applications filed under Texas Water Code, Chapter 26, 27, or 32 or Texas Health and Safety Code, Chapter 361 or 382 that are declared administratively complete on or after September 1, 1999. Notes 30 Tex. Admin. Code § 55.150 The provisions of thi…

A compromise settlement agreement must be signed by the claimant personally, unless sufficient good cause is found by the board to excuse strict compliance to this section. Only in extraordinary circumstances will the board approve a compromise settlement agreement in which the a…

The board considers "loss of an eye" when loss of vision reached 90%. Permanent partial loss of vision in an eye will be calculated on the actual loss of vision as a result of an injury, and not on loss of vision after restoration of vision by proper fitting glasses. The followin…

(a) A claimant who suffers financial hardship because of loss of wages due to an uncontested injury may request of the carrier an advance payment of compensation ("advance") to be credited against future compensation benefits. (b) A request for an advance shall be: (1) prepared o…

(a) A compromise settlement agreement must contain the following information: (1) that the agreement is executed on a form approved by the division; (2) that the agreement is accompanied by physician's signed report of the findings of a recent examination of the employee; (3) tha…

(a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Floating Cabin Buyback Program. (b) Permit Buyback Bid Application Period (1) The department may open one or more permit buyback bid offer application periods per…

This subchapter does not waive the Department's sovereign immunity to suit or liability. Notes 16 Tex. Admin. Code § 55.72 The provisions of this §55.72 adopted to be effective July 1, 2009, 34 TexReg 4323

(a) The Arrears Payment Incentive Program is a voluntary program administered by the Office of the Attorney General (OAG), a Title IV-D agency, to promote payment by obligors who are delinquent in satisfying child support arrearages assigned to the Title IV-D agency under Texas F…

(a) The prescribed form for Administrative Notice of Filing of Petition to Suspend License (Form 1832) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms. (b) The prescribed form for Administrat…

(a) The employee may contest withholding under the Notice based upon a mistake of fact by requesting a review by the Title IV-D agency no later than 30 calendar days from the date of the notice of issuance. (b) The form for requesting a review to contest withholding under the Not…

(a) The employer's plan administrator must complete the Health Insurance Enrollment Information sheet and the plan administrator's response and return them within 40 business days of the date of the Notice. (b) If multiple health insurance plans are available, the employer must e…

(a) If the child cannot be enrolled in the employer health insurance plan because the employer does not maintain a plan, the employee is not eligible, or the employee is no longer employed by the employer, the employer must complete the Employer Response Form and provide the empl…

(a) The Title IV-D Agency shall use the Notice to inform employers of the requirement for insurance coverage for the child(ren) of employees. (b) In a IV-D case, the Title IV-D Agency may transfer the National Medical Support Notice to the employer of an employee obligated to pro…

The Notice must be used by the Title IV-D Agency. It may be used in conjunction with an order in any Suit Affecting the Parent-Child Relationship to enforce health care coverage. Notes 1 Tex. Admin. Code § 55.703 The provisions of this §55.703 adopted to be effective January 18, …

The Notice is a federally mandated form and can be found at § 55.120 of this title. Notes 1 Tex. Admin. Code § 55.702 The provisions of this §55.702 adopted to be effective January 18, 2004, 29 TexReg 355

The National Medical Support Notice ("the Notice") is intended to provide a standardized means of communication between State child support enforcement agencies, employers, and parents. The Notice will facilitate the process of enrolling children in the group health plans for whi…

(a) The Title IV-D agency shall consider any information received from an insurer as confidential. Such information shall be used or disclosed by the Child Support Division only for the purpose of collecting past-due child support or for other purposes as enumerated in subsection…

(a) An insurer that provides information required by this subchapter or acts in good faith to comply with procedures established by the Child Support Division (CSD) for the operation of the insurance intercept program under this subchapter, including the remittance of funds as sp…

(a) An insurer can conduct an automatic data match of its pending claims against a list of delinquent child support obligors maintained by the Insurance Services Office (ISO). ISO is an industry service provider, located in New Jersey, which provides a claim search service to ass…

(a) The Child Support Division (CSD) has contracted with the State of Rhode Island and Providence Plantations to participate in the Child Support Lien Network (CSLN). CSLN provides an insurer with two methods of matching: an Automated Data Match and an Interactive Lookup. An insu…

(a) The Title IV-D agency and each financial institution shall develop procedures, subject to State and federal law and regulation, to ensure that information contained in their respective records and obtained from each other shall be kept confidential. (b) In accordance with sec…

Reimbursement to financial institutions for the cost of processing the data required by this subchapter is not available. Notes 1 Tex. Admin. Code § 55.557 The provisions of this §55.557 adopted to be effective August 15, 2001, 26 TexReg 6009

If the mother declares in the Acknowledgment of Paternity form that there is a presumed father of the child, the acknowledgment must be accompanied by a Denial of Paternity form signed by the mother and the presumed father, unless the presumed father is the man who is acknowledgi…

(a) A man claiming to be the biological father and the mother may establish paternity before or after the birth of their child by voluntarily acknowledging paternity through a certified entity providing such services. The mother and father must read the Acknowledgment of Paternit…

The certified entities offering voluntary paternity establishment services may obtain the prescribed Acknowledgment of Paternity and Denial of Paternity forms and the Rescission of the Acknowledgment of Paternity forms by contacting the Texas Department of State Health Services, …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Acknowledgment of Paternity form--An agreement affirming parentage for a child signed by both the man claiming to be the biological …

Fathers and mothers who wish to voluntarily establish paternity for their child or rescind a previously executed Acknowledgment of Paternity or Denial of Paternity may do so through any local child support office of the Office of the Attorney General, Child Support Division; the …

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) If a TANF recipient or a Medical Assistance-Only recipient (where …

Parental kidnapping and child custody services are available only to authorized persons to make or enforce child custody or visitation determinations as allowed under 42 U.S.C. 663 . Authorized persons include district judges, county attorneys, district attorneys, or any other of…

An "authorized person" as defined by 42 U.S.C. 653(c) may apply to the Title IV-D agency for locate-only services. Notes 1 Tex. Admin. Code § 55.31 The provisions of this §55.31 adopted to be effective March 3, 2004, 29 TexReg 1855; Amended to be effective March 5, 2008, 33 TexRe…

(a) Confidentiality of Records. The records contained in the new hire directory shall be confidential and may be accessed for the following purposes only: (1) Location of Child Support Obligors. The Title IV-D Agency shall use the Employer New Hire Reporting (ENHR) information to…

(a) An employer who knowingly violates any procedures found in §§ 55.301 - 55.308 of this title for reporting employee information may be liable for a civil penalty, which may not exceed: (1) $25 for each occurrence in which an employer fails to report an employee; or (2) $500 fo…

In computing any period of time prescribed in this subchapter, the period shall begin on the day after the act or event specified and shall end on the last day of the computed period, unless that day is a day when the coordinator's office is closed, in which event the period runs…

(a) Filing the Petition. The petitioner initiates a proceeding by filing the Petition to Suspend License packet with: Coordinator, Office of the Attorney General, Child Support Division, 5500 E. Oltorf, Austin, Texas 78741 (hand delivery); P.O. Box 12017, Mail Code 039-3, Austin,…

(a) The coordinator may be contacted at: (512) 460-6046, Office of the Attorney General, Child Support Division, 5500 E. Oltorf, Austin, Texas 78741 (hand delivery); P.O. Box 12017, Mail Code 039-3, Austin, Texas 78711-2017 (Postal Service delivery). (b) The coordinator's office …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Obligee--The person to whom child support is due. (2) Obligor--The person who owes child support. (3) Parties--The parties to a Chap…

This subchapter applies to hearings conducted by the Title IV-D agency on petitions to suspend licenses pursuant to the authority of the Family Code, Chapter 232. The Administrative Procedure Act, the Government Code, Chapter 2001, Subchapter C, §§2001.051-2001.053, §§2001.055-20…

The Title IV-D Agency, in providing services pursuant to state and federal law, may appear as a party at any stage in any legal proceeding, whether or not the agency was a party at trial. Notes 1 Tex. Admin. Code § 55.2 The provisions of this §55.2 adopted to be effective Novembe…

(a) The Title IV-D agency may assess and collect an annual service fee allowed under Texas Family Code § 231.103(a)(2) and 42 U.S.C. 654(6)(B)(ii) . Beginning October 1, 2019, an annual service fee of $35 will be assessed in full service monitoring and enforcement cases which are…

(a) The usual and customary attorney's fees for attorneys representing the state under Section 231.109 of the Texas Family Code is $150 per hour. (b) The reasonable attorney's fees for attorneys representing the state under Section 231.109 of the Texas Family Code is $150 per hou…

The Office of the Attorney General may monitor and conduct, at reasonable times, fiscal and/or program audits of county performance in assessing and billing for costs and fees in IV-D cases. A county must grant the Office of the Attorney General access, without prior notice, to a…

Each county may bill the Office of the Attorney General monthly for fees and costs not previously billed. The county must credit the Office of the Attorney General each month for amounts reimbursed to the county by the parties during the proceeding thirty (30) days. Monthly reimb…

(a) The clerk of the court may charge the Office of the Attorney General costs and fees in Title IV-D cases, including a case filed under Chapter 159 of the Texas Family Code. The Title IV-D Agency shall pay only the following costs and fees: (1) filing fees and fees for issuance…

(a) Child support payments being held for disbursement by the state disbursement unit or a local registry may be reported as unclaimed property as outlined in the Texas Property Code. If the location of the person to whom the money is owed is unknown, the Title IV-D agency will c…

(a) An official backtag is a United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) approved identification backtag. The backtag must conform to the national uniform tagging system and uniquely identify each in…