252H.17 - CHALLENGING THE NOTICE OF DECISION -- SECOND REVIEW -- NOTICE.
252H.17 CHALLENGING THE NOTICE OF DECISION -- SECOND
REVIEW -- NOTICE.
1. Each parent shall have the right to challenge the notice of
decision issued under section 252H.14A or 252H.16, by requesting a
second review by the unit.
2. A challenge shall be submitted, in writing, to the local child
support office that issued the notice of decision, within thirty days
of service of the notice of decision under section 252H.14A or within
ten days of the issuance of the notice of decision under section
252H.16.
3. A parent challenging the notice of decision shall submit any
new or different information, not previously considered by the unit
in conducting the review, with the challenge and request for second
review.
4. A parent challenging the notice of decision shall submit any
required fees with the challenge. Any request submitted without full
payment of the required fee shall be denied.
5. If a timely challenge along with any necessary fee is
received, the unit shall issue by regular mail to the last known
address of each parent, or if applicable, to each parent's attorney,
a notice that a second review will be conducted. The unit shall
adopt rules pursuant to chapter 17A to ensure that all of the
following are included in the notice:
a. A statement of purpose of the second review.
b. Information sufficient to identify the affected parties
and the support order or orders affected.
c. A statement of the information that is eligible for
consideration at the second review.
d. The procedures and time frames in conducting and
completing a second review, including a statement that only one
second review shall be conducted as the result of a challenge
received from either or both parents.
e. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in requesting
a court hearing.
f. Other information, as appropriate.
6. The unit shall conduct a second review, utilizing any new or
additional information provided or available since issuance of the
notice of decision under section 252H.14A or under section 252H.16,
to determine whether an adjustment is appropriate.
7. Upon completion of the review, the unit shall issue a second
notice of decision by regular mail to the last known address of each
parent, or if applicable, to each parent's attorney. The unit shall
adopt rules pursuant to chapter 17A to ensure that all of the
following are included in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. The unit's finding resulting from the second review
indicating whether the unit finds that an adjustment is appropriate,
the basis for the determination, and the impact on the first review.
c. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in requesting
a court hearing.
d. Other information, as appropriate.
8. If the determination resulting from the first review is
revised or reversed by the second review, the following shall be
issued to each parent along with the second notice of decision and
the amount of any proposed adjustment:
a. Any updated or revised financial statements provided by
either parent.
b. A computation prepared by the local child support office
issuing the notice, demonstrating how the amount of support due under
the child support guidelines was calculated, and a comparison of the
newly computed amount with the current support obligation amount. Section History: Recent Form
93 Acts, ch 78, §40; 96 Acts, ch 1141, § 3; 2007 Acts, ch 218,
§154, 156
Referred to in § 252H.5, 252H.7, 252H.8, 252H.14A