Utah Admin. Code R527-200-18 - Amending an Administrative Paternity Order

(1) The presiding officer shall initiate an adjudicative proceeding to amend the paternity order prospectively if:

(a) an administrative paternity order has been entered;

(b) the individual determined to be the father requests that paternity be disestablished based on genetic test results from an accredited lab that appear to exclude him as the biological father; and

(c) genetic testing has not previously been completed.

(2) The presiding officer shall notify the mother and the previously determined adjudicated father of the intent to amend the order by sending notices of intent to amend based on the genetic test results.

(3) If the mother or previously determined adjudicated father do not present other evidence that calls into doubt the credibility of the genetic test results and the mother does not contest the administrative action, the presiding officer shall issue an order that amends the original order, finding the previously determined adjudicated father to no longer be the adjudicated father effective the date the amended order is issued. The presiding officer shall send a copy of the order to the mother and the former adjudicated father.

(4) If other evidence is presented that calls into doubt the credibility of the genetic test results or the mother contests the administrative action, the presiding officer shall not amend the original paternity order. The presiding officer shall send notice of the decision to the mother and the father that will inform the father of his right to administrative reconsideration of the decision and to appeal the decision to a court of competent jurisdiction.

Notes

Utah Admin. Code R527-200-18

Amended by Utah State Bulletin Number 2022-08, effective 4/11/2022