40-5-224. Finding of support liability based upon payment of public assistance -- warrant for distraint -- bond to release warrant -- action to collect. (1) If the department reasonably believes that the obligor is not a resident of this state or is about to move from this state or has hidden, absconded, or left, or has removed or is about to remove, secrete, waste, or otherwise dispose of property that could be made subject to collection action to satisfy the support debt, the department may issue a warrant for distraint pursuant to 40-5-247 during the pendency of the fair hearing or after the hearing, whether or not appealed. Further action may not be taken on the warrant until final determination after fair hearing or appeal. The department shall make and file in the record of the fair hearing an affidavit stating the reasons upon which the belief is founded. The obligor may furnish a bond, not to exceed the amount of the support debt, during pendency of the hearing or after the hearing, and in that case warrants issued must be released. If the decision resulting from the hearing is in favor of the obligor, all warrants issued must be released.
     (2) The department may commence action under the provisions of this part to collect the support debt on the date of issuance of the decision resulting from the hearing.

     History: En. Sec. 14, Ch. 612, L. 1979; amd. Sec. 43, Ch. 439, L. 1981; amd. Sec. 13, Ch. 549, L. 1989; amd. Sec. 13, Ch. 631, L. 1993.