37.62.2107 PROCEDURE FOR TERMINATING REVIEW OR MODIFICATION AFTER CLOSURE OF IV-D CASE
(1) If a IV-D case is closed while a review application or modification action is pending, the CSED will mail notice to the party who did not open the IV-D case and offer that party the opportunity to apply for support enforcement services.
(2) If a new IV-D referral or an application for support enforcement services is not received by the CSED within 20 calendar days of the date the notice was received by the party, the modification notice will be dismissed or the review application denied.
(3) If a new IV-D referral or an application for support enforcement services is received by the CSED within 20 calendar days of the date the notice was received by the party, the action will continue from the point at which the IV-D case was closed.
(4) No additional or duplicate fees for performing the administrative review and modification will be charged in a case re-opened under this rule.
(5) This rule does not apply when closure is the result of a good cause determination by the appropriate agency under 42 CFR 433.147 or 45 CFR 232.40 through 232.49 that support enforcement may not proceed without risk of harm to the child or caretaker relative.
History: 40-5-202, MCA; IMP, 40-5-202, MCA; NEW, 1994 p. 2011, Eff. 7/22/94; TRANS, from SRS, 2000 MAR p. 3551; AMD, 2006 MAR p. 574, Eff. 2/24/06.