SECTION 55.707. Employee Contest Procedures

(a) The employee may contest withholding under the Notice based upon a mistake of fact by requesting a review by the Title IV-D agency no later than 30 calendar days from the date of the notice of issuance.

(b) The form for requesting a review to contest withholding under the Notice is located on the Office of the Attorney General's website www.oag.state.tx.us.

(c) The Title IV-D Agency shall provide the employee, within 10 business days of receipt of the request for review, information regarding the date, time, and place of the review, which may be by telephonic conference or in person, as may be appropriate under the circumstances.

(d) The Title IV-D agency shall complete the review within 30 business days from the date of receipt of a request for review. The employer and employee must comply with the terms of the Notice during the contest period until notified by the Title IV-D agency to revise or terminate coverage.

(e) After the review, the Title IV-D agency may issue a revised Notice to the employer or terminate the Notice. A revised Notice or Termination Notice shall be sent to the employer no later than 10 business days after the date of the review.

(f) If the review fails to resolve an issue in dispute, and the National Medical Support Notice is not terminated or revised, the Title IV-D agency shall notify the employee of that determination within five business days of the date of the review and inform the employee that he/she may request a court hearing to resolve the issue(s) in dispute by filing a Motion to Withdraw the National Medical Support Notice and requesting a hearing with the court of continuing jurisdiction.

Source Note: The provisions of this §55.707 adopted to be effective January 18, 2004, 29 TexReg 355; amended to be effective March 5, 2008, 33 TexReg 1763; amended to be effective October 18, 2010, 35 TexReg 9231