Section 25.27.195. Relief from administrative order.

   (a) A clerical mistake in an administrative order issued by the agency or an error arising from an oversight or omission by the agency may be corrected by the agency at any time.
   (b) The agency may, at any time, vacate an administrative support order issued by the agency under AS 25.27.160 that was based on a default amount rather than on the obligor's actual ability to pay.
   (c) Before an order may be corrected or vacated under (a) or (b) of this section, the agency must send notice of the intended action to the obligor and the custodian and provide an adequate opportunity for the obligor and custodian to be heard on the issue.
   (d) If an order is vacated under (b) of this section, the agency may at the same time issue a new order establishing a support amount, based on information about the obligor's income or on the Alaska average wage standard, for periods of time covered by the previous order. Upon issuance of the new order, the agency may adjust the obligor's account to reflect the support amounts established in the new order. In no case may the agency adjust the obligor's account below zero.

Notes

Implemented As

15 AAC 05.025
15 AAC 125.105
15 AAC 125.121
15 AAC 125.125
15 AAC 125.625

References

15 AAC 125.340
15 AAC 125.625

History

(Sec. 22 ch 107 SLA 1996; am Sec. 7, 8 ch 45 SLA 2009)