Ga. Comp. R. & Regs. R. 290-7-1-.20 - Waiver of Payment of Unreimbursed Public Assistance Administrative Orders Only

Current through Rules and Regulations filed through April 4, 2022

(a) Pursuant to O.C.G.A. § 19-11-5(b)the Commissioner of Human Services hereby vests the director of the Department and his or her designees with the authority to waive, reduce or negotiate the payment of unreimbursed public assistance. This is limited to administrative child support orders (not judicial orders) that create a debt owed to the state. In making a recommendation and determination regarding the waiver, reduction or negotiation of a debt owed under code section, the following factors shall be considered:
(1) The Department shall determine whether good cause existed for the nonpayment of the unreimbursed public assistance;
(2) The Department shall determine whether repayment of this debt would result in substantial and unreasonable hardship for the parent owing the debt; and
(3) The Department shall determine the obligor's current ability to pay the debt to include the consideration of the regularity of payments made for the current support of those dependents for whom support is owed.
(b) Any determinations to waive, reduce or negotiate a settlement of the unreimbursed public assistance made pursuant to this rule must be put into writing and approved by the director or designee. These records shall be available for review and subject to audit.

Notes

Ga. Comp. R. & Regs. R. 290-7-1-.20
O.C.G.A. § 19-11-5.
Original Rule entitled "Waiver of Payment of Unreimbursed Public Assistance - Administrative Orders Only" adopted. F. Nov. 2, 2005; eff. Nov. 22, 2005. Repealed: New Rule of the same title adopted. F. June 15, 2011; eff. July 5, 2011. Amended: F. June 4, 2021; eff. June 24, 2021.

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