40-5-276. Review session -- consent orders -- request for hearing. (1) The review session provided for in 40-5-273 must be conducted by telephone and proceed regardless of the failure of a party to provide the department with a telephone number or be present. A party may appear in person at the administrative review session at the party's own expense. The personal appearance of a party at an administrative review session does not require the personal appearance of any other party or witness at the review session.
     (2) The department shall identify facts that are at issue and facts that are agreed, calculate a support obligation in accordance with the guidelines, and issue a recommendation regarding the proper child support amount and the effective date of the proposed modification. The department shall consider whether or not health insurance for the child is available and make an appropriate recommendation in accordance with part 8 of this chapter for the provision of the child's health insurance. A support order may not be modified prior to the date of service of the notice of review.
     (3) If the department determines that the difference between the existing support order and the amount determined under the guidelines is negligible under rules issued by the department, an administrative modified support order may not change the amount of the support obligation.
     (4) The administrative modified support order must include the following notices and warnings:
     (a) that the parents must keep the department informed of the name and address of the obligor's current employer and information on health insurance available to the parents through employment or other group insurance; and
     (b) that the modified support order is subject to future administrative review and modification by the department upon the request of the department or a party under 40-5-271 through 40-5-273 and 40-5-276 through 40-5-278 when the department is providing services under Title IV-D of the Social Security Act.
     (5) The review session is not a contested case as defined in 2-4-102. If the parties agree with the proposed administrative modified support order, a consent order will be entered modifying the support obligation. A party disagreeing with the proposed order may request an administrative hearing within 10 days after the date that the proposed order is served on the party personally or by certified mail. If service on the party is by certified mail, the 10-day period for a request of an administrative hearing begins to run the day after the certified mail return receipt is signed. A party's failure to request an administrative hearing when presented with a proposed order in the form of a consent order constitutes a consent to entry of an administrative modified support order in accordance with the recommendation.

     History: En. Sec. 5, Ch. 542, L. 2001.