2006 Code of Virginia § 63.2-1942 - Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to ...

63.2-1942. Administrative hearing on notice of debt; withholdings; ordersto withhold and deliver property to debtor; set-off debt collection.

The Commissioner may delegate authority to conduct any administrative hearingpursuant to this chapter to a duly qualified hearing officer. The hearingshall be held upon reasonable notice to the obligee and the debtor. In noevent shall such hearing officer be legally competent to render a decision asto the validity of a court order or a defense of nonpaternity. A decision ofthe hearing officer shall be in writing and shall set forth the debtor's andpayee's rights to appeal the decision of the hearing officer to theappropriate circuit or juvenile and domestic relations district court. Thedecision shall be served upon the debtor in accordance with the provisions of 8.01-296, 8.01-327 or 8.01-329 or mailed to the debtor at his last knownaddress by certified mail, return receipt requested, or the debtor may waiveservice of the decision at the time of the decision. A copy of such decisionshall also be mailed to the obligee. Such decision shall establish theliability of the debtor, if any, and the validity of the administrativeaction taken.

Action by the Commissioner under the provisions of this chapter to collectsuch support debt shall be valid and enforceable during the pendency of anyappeal. The Commissioner may file and serve liens pursuant to 63.2-1927and 63.2-1928 during the pendency of the hearing or thereafter, whether ornot appealed. Further action under 63.2-1929 may be taken prior to anyhearing or appeal. If the decision is in favor of the debtor, all moneycollected during the pendency of the appeal shall be returned to the debtorin accordance with procedures adopted by the Board.

(1985, c. 488, 63.1-267.1; 1986, c. 476; 1987, c. 640; 1988, c. 906; 1990,c. 896; 2002, c. 747.)