SECTION 55.4. Determination of Cooperation

The Title IV-D Agency shall make the determination as to whether an individual is cooperating as required by §55.3 of this subchapter relating to Cooperation Required for Recipients of Child Support Services.

(1) If a TANF recipient or a Medical Assistance-Only recipient (where both parent and child receive benefits) fails to cooperate:

(A) The Title IV-D Agency must report the determination of non-cooperation to the Health and Human Services Commission.

(B) The Health and Human Services Commission will notify the recipient and impose penalties pursuant to Human Resources Code, §31.0032, by:

(i) terminating the total amount of cash assistance for the family if a TANF recipient, or

(ii) terminating only the recipient's medical benefits if a Medical Assistance-Only recipient.

(C) To avoid interruption of benefits, the recipient may request a hearing to show good cause for not cooperating not later than the 13th day after receipt of the notice of non-cooperation issued by the Health and Human Services Commission, in which case, the procedures in §55.5 of this subchapter (relating to Good Cause for Failure to Cooperate) apply.

(D) The penalty for failure to cooperate shall remain in effect until the recipient complies with the specific IV-D requirement the recipient failed to satisfy. When the Title IV-D Agency determines the recipient is cooperating:

(i) the Title IV-D Agency shall immediately notify the Health and Human Services Commission the recipient is cooperating and

(ii) on receiving a report of cooperation from the Title IV-D Agency, it is the responsibility of the Health and Human Services Commission to end the penalty.

(2) If a person who is a former recipient of public assistance (TANF or Medical Assistance-Only) fails to cooperate, the Title IV-D Agency shall notify the person that failure to cooperate may result in termination of IV-D services.

(3) If a person who has never been a recipient of public assistance fails to cooperate, the Title IV-D Agency shall notify the person that failure to cooperate will result in termination of IV-D services.

Source Note: The provisions of this §55.4 adopted to be effective November 30, 2000, 25 TexReg 11645; amended to be effective June 1, 2003, 28 TexReg 4095; amended to be effective March 5, 2008, 33 TexReg 1759