Section 29-12207. ADMINISTRATIVE HEARING

 

12207.1Regardless of whether the obligor has sought agency review of the Notice of Lien, the obligor may seek legal review of the agency’s action by requesting an administrative hearing with OAH within sixty-five (65) days from the date of the Notice of Lien. 

 

12207.2Grounds for contesting the Notice of Lien before OAH shall be the same as the grounds stated in § 12206.02.

 

12207.3Notice of the right to an administrative hearing shall be included with the Notice of Lien.

 

12207.4The request for administrative hearing shall be made in accordance with OAH Rules, Title 1 DCMR, Chapter 28.  The hearing request must be received by OAH within sixty-five (65) days after the date of the Notice of Lien.  

 

12207.5If the obligor requests an administrative hearing, CSSD shall retain the levied funds until a decision is rendered by the administrative law judge. After the decision is rendered, CSSD shall either disburse the levied funds to the obligor or the obligee in accordance with the final order issued by OAH.   

 

12207.6 After all arrears owed by obligor are satisfied, or the OAH finds that the Notice of Lien is inappropriate, CSSD shall file a Release of Lien with the Recorder of Deeds for the District of Columbia, and notify CSLN and the obligor that the lien has been released. 

 

 

authority

Sections 27c(a)(7)(A)(ii), (c), and (i) and 28 of the District of Columbia Child Support Enforcement Amendment Act of 1985 (Act), effective April 3, 2001 (D.C. Law 13-269; D.C. Official Code §§ 46-226.03(a)(7)(A)(ii), (c), and (i) and 46-227 (2012 Repl.)), and Mayor’s Order 2007-42, (dated January 19, 2007).

source

Final Rulemaking published at 62 DCR 1061 (August 7, 2015).