SECTION 55.103. Contesting Reporting to Consumer Credit Reporting Agencies

(a) A non-custodial parent, who owes a child support obligation and is therefore subject to being reported to consumer credit reporting agencies by the Office of the Attorney General, may contest the amount of child support being reported by the Office of the Attorney General, including the determined amount of any past-due child support or arrears, by contacting the Office of the Attorney General and submitting a written complaint to the Office of the Attorney General, Child Support Division, at the office address which appears on the notice of an intended or actual administrative action, requesting either:

(1) an informal resolution of any matter in dispute; or

(2) a formal administrative review hearing. A request for informal resolution shall not preclude the non-custodial parent's subsequently requesting a formal hearing.

(b) A hearing shall be granted by the Office of the Attorney General upon the non-custodial parent's submission of a completed request for administrative review form to be obtained from the Office of the Attorney General. (The request for administrative review form for contesting consumer credit reporting appears at the end of §55.101 of this title (relating to Contesting Federal Income Tax Refund Intercept.))

(c) A request for administrative review must be submitted not later than 30 days from the date the non-custodial parent receives notice of the proposed report of child support amounts to a consumer credit reporting agency and not later than 45 days from the date shown on the notice of the proposed report of child support amounts to a consumer credit reporting agency.

(d) The parties may appear in person or by telephone, with or without a representative. An in-person hearing must be requested at the time the Request for Hearing is submitted. The hearing record shall be made by an audio recording.

(1) The non-custodial parent may submit any contention and evidence in the form of a properly acknowledged affidavit, thereby making participation in the hearing unnecessary. If the non-custodial parent does not participate in the hearing, any properly acknowledged affidavit from the non-custodial parent may be submitted and admitted as evidence into the hearing record and may be considered by the hearing examiner in determining the facts; and

(2) In non-TANF cases, if the custodial parent chooses not to participate, the information and affidavit provided at the time of application shall be considered. If the custodial parent does not participate in the hearing, a sworn affidavit from the custodial parent may be submitted and admitted as evidence into the hearing record and may be considered by the hearing examiner in determining the facts.

(e) In an interstate case in which a non-custodial parent requests a hearing in Texas to contest a child support amount calculated by the IV-D agency of another state, the Office of the Attorney General shall grant the requested hearing upon notification of the request by the other state. The Office of the Attorney General shall then provide the non-custodial parent with a request for administrative review form to be returned to the Office of the Attorney General not later than 10 days prior to the hearing date.

Source Note: The provisions of this §55.103 adopted to be effective May 25, 1992, 17 TexReg 3464; amended to be effective March 5, 2008, 33 TexReg 1759