Section 29-8104. ADMINISTRATIVE HEARING  


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    8104.1Regardless of whether the obligor or joint account holder has sought an agency review of the Writ of Attachment, the obligor or joint account holder may object to the seizure of the funds by requesting an administrative hearing from the Office of Administrative Hearings (OAH). Grounds for requesting an administrative hearing shall be the same as the grounds for contesting the Writ of Attachment under § 8103.5.

     

    8104.2CSSD shall provide the obligor and joint account holder, if applicable, with notice of his or her right to an administrative hearing when CSSD sends the obligor and joint account holder a copy of the Order of Condemnation.

     

    8104.3The obligor or joint account holder shall request the administrative hearing in writing, either by mailing, faxing or bringing the written request to OAH.  The hearing request must be received by OAH within thirty (30) calendar days after the date of the Order of Condemnation sent to the obligor or joint account holder.

     

    8104.4If the obligor or joint account holder does not request an administrative hearing from OAH, CSSD shall distribute the funds seized from the financial institution to the obligee at the conclusion of the thirty (30) calendar day period for requesting a hearing. If the obligor requests an administrative hearing, CSSD shall retain the funds seized until a decision is rendered by the administrative law judge. CSSD shall then either distribute the funds seized to the obligor and joint account holder or the obligee as required by the decision.

     

source

As amended by Final Rulemaking at 55 DCR 11165 (October 24, 2008).