Texas Administrative Code

(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,…

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) Not later than 20 days prior to the hearing, each party shall file with the coordinator, and serve on the other parties, a list of witnesses the party will call at the hearing and copies of any supplemental documentary evidence, not previously filed with the coordinator, to b…

(a) An administrative law judge, including an administrative law judge of the State Office of Administrative Hearings, shall preside at the hearing on the petition. (b) The petitioner is entitled to open and close at the hearing. Notes 1 Tex. Admin. Code § 55.208 The provisions o…

(a) The obligor may request a telephone hearing at the time he or she requests a hearing on the petition as provided in the Request for Hearing form. (b) Failure of the obligor to be available for the telephone hearing, at the telephone number supplied by the obligor, shall resul…

Following the conclusion of the hearing, the administrative law judge, including an administrative law judge of the State Office of Administrative Hearings, as the designee of the director of the Title IV-D agency, will issue a decision and final order. Notes 1 Tex. Admin. Code §…

A party who appeals an order under Chapter 232 shall pay all of the costs of preparation of any original or certified copy of the record of the proceedings that is required to be transmitted to the reviewing court. Notes 1 Tex. Admin. Code § 55.213 The provisions of this §55.213 …

(a) The Coordinator will transmit the final order suspending license to the licensing authority as soon as the final order is enforceable. The Coordinator will transmit the final order using the Notification to Licensing Authority of Order Suspending License form promulgated as a…

(a) Each petition seeking to suspend a license relating to state taxes shall list each license to be suspended by license type and, if applicable, by license number. (b) An order suspending a license issued pursuant to the Tax Code, § 155.041 , shall be served on the agency issui…

(a) A Petition to Suspend License may be dismissed for want of prosecution: (1) if the petition has been on file with the coordinator for more than one calendar year and has not been finally adjudicated within that time; or (2) on failure of any party seeking affirmative relief t…

(a) Cooperation by Temporary Assistance for Needy Families (TANF) Program Recipients. All TANF recipients whose assistance is funded under Title IV, Part A, of the Social Security Act are required to cooperate with the Title IV-D Agency in performing the required IV-D functions s…

Section 453A of the Social Security Act, (42 U.S.C. 653A ), as amended by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), requires each state to establish and maintain a State Directory of New Hires to provide a means for employers to assist in t…

(a) Except as provided in §§ 55.304 - 55.306 of this title (relating to Common Paymaster, Multi-State Employers, and Federal Government Employers), each Texas employer shall furnish to the State Directory of New Hires in the state in which a newly hired employee works a report of…

A report filed by the common paymaster or reporting agent of an employer is sufficient to meet the new hire reporting requirements for each of the related employees for which the common paymaster or payroll reporting agent provides new hire information. Notes 1 Tex. Admin. Code §…

(a) An employer that has employees who are employed in Texas and one or more other states may choose to report to a state other than Texas provided the employer designates only one state in which such employer has employees; transmits the required reports using electronic media a…

Any department, agency, or instrumentality of the United States must report directly to the National Directory of New Hires established pursuant to 42 U.S.C. 653a . Notes 1 Tex. Admin. Code § 55.306 The provisions of this §55.306 adopted to be effective October 1, 1998, 23 TexReg…

(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…

(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…

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…

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…

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 …

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 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 …

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, …

(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…

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) The following entities must provide voluntary paternity establishment services after being certified by the Office of the Attorney General: (1) all public and private birthing hospitals; (2) all birthing centers; (3) the Texas Department of State Health Services, Vital Statis…

All birthing hospitals, all birthing centers, the Texas Department of State Health Services, Vital Statistics Unit, a registered nurse working in a partnership program funded through the nurse-family partnership competitive grant program, and each certified entity must have staff…

(a) Each certified entity must provide the parents (and presumed father, if applicable,) with the opportunity to complete and sign the Parent Survey if the parent was provided the opportunity to voluntarily acknowledge paternity. The Parent Survey on the Acknowledgment of Paterni…

Any signatory to an Acknowledgment of Paternity or Denial of Paternity may rescind an acknowledgment or denial through a certified entity providing such services. The rescinding party must: (1) Complete a Rescission of Acknowledgment of Paternity form. (2) Mail copies of the Resc…

When a TANF or Medical Assistance-Only recipient claims good cause for not cooperating with IV-D requirements, the Health and Human Services Commission determines if the recipient has good cause pursuant to Human Resources Code § 31.0032 and § 31.0033 . (1) If the Title IV-D Agen…

(a) Upon request to the IV-D agency by an authorized person or his or her authorized representative, the IV-D agency may provide the following information: (1) the status of pending or possible legal action regarding a case involving the authorized person; (2) copies of legal doc…

Section 466 of the federal Social Security Act (the Act), as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( P. L. 104-193 ), requires each state to establish procedures under which the state's child support enforcement agency (Title IV-D …

(a) A financial institution doing business in the State shall participate on a calendar quarter basis in the exchange of data with the Title IV-D agency or its agent, matching the names of delinquent child support obligors with the names of account holders and providing informati…

(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…

(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 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) 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…

The Office of the Attorney General operates the State Disbursement Unit, which is responsible for receiving, disbursing, maintaining and furnishing child support payments and records in accordance with applicable federal and state law. Texas Family Code § 234.006 authorizes the a…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Office of the Attorney General--The state's Title IV-D agency administered by the Child Support Division of the Office of the Attorn…

The prescribed forms for Direct Deposit Application (Form 6A002), the Authorization for Release of Information (Form 1A004) and the Revocation of Authorization for Release of Information (Form 1A005) can be obtained on the Office of the Attorney General's website www.oag.state.tx…

(a) The OAG's Child Support Division will disburse child support payments to an obligee by electronic funds transfer either by direct deposit into an account maintained by the obligee in a financial institution or through the Texas Debit Card system unless the obligee has signed …

(a) For persons receiving Title IV-D services, the Title IV-D agency will review the support order for modification every three years: (1) for a TANF case; (2) at the request of either parent for a post-assistance or Medical Assistance-Only case; or (3) at the request of either p…

(a) A protesting party who wishes to submit a grievance regarding the solicitation, evaluation, or award of a contract may formally protest to the Purchasing Officer. Such protests must be in writing and received by the Purchasing Officer within 10 business days after the protest…

(a) Fraudulent, Misleading, or Deceptive Practices. The following conduct by an originator constitutes fraudulent and dishonest dealings for purposes of Finance Code § 157.024(a)(3) , deceptive practices for purposes of Finance Code § 180.153(2) , a scheme to defraud a person for…

(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 suppor…

The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise: (1) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or m…