40-5-273. Administrative review of child support orders. (1) Upon receipt of a review application setting forth facts meeting any of the criteria for review of a child support order established in 40-5-272, a notice that an administrative review will be conducted and an order for the production of financial information must be served either personally or by certified mail on the obligor, the obligee, and any other party entitled to notice. If service is by certified mail, the department must receive a return receipt signed by the person to whom the notice was mailed for the service to be effective. Service of the notice is considered to be effective if, in the absence of a return receipt, the person to whom the notice was mailed requests a hearing or appears at the administrative review. The notice must include the following information as an exception to 2-4-601:
     (a) a statement of the purpose, objectives, and possible consequences of the review, including that a modified support order may require the obligee to pay a monthly transfer payment to another party;
     (b) a statement of the right of the obligor and the obligee to request the department to issue subpoenas compelling the appearance of witnesses and the production of documents for a hearing; and
     (c) a requirement that the obligor and the obligee provide the department with telephone numbers at which they and their witnesses may be contacted for the review.
     (2) An order for the production of financial information may be incorporated into the review notice and must state that:
     (a) the financial information must be returned no later than the 20th day after the date the order is served;
     (b) if the requested information is not returned as required, the department may:
     (i) proceed with the review using the information available to the department;
     (ii) cease all proceedings for the review; or
     (iii) initiate contempt proceedings in accordance with 40-5-226; and
     (c) any information required by the order must be provided to the department and other parties prior to the review session.
     (3) If, in the absence of a certified mail return receipt showing the date of service, a person requests a hearing or appears at an administrative review, any financial information ordered produced pursuant to subsection (2) must be provided to the department no later than the 20th day after the person requests the hearing or appears at the administrative review, unless the person requesting the hearing or attending the administrative review waives that date in writing. A person who waives that date in writing shall provide the financial information by the date provided in subsection (2) or by another date established by order of the department.

     History: En. Sec. 3, Ch. 266, L. 1991; amd. Sec. 10, Ch. 482, L. 1997; amd. Sec. 55, Ch. 552, L. 1997; amd. Sec. 74, Ch. 51, L. 1999; amd. Sec. 10, Ch. 579, L. 1999; amd. Sec. 12, Ch. 352, L. 2001; amd. Sec. 4, Ch. 542, L. 2001.