2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4377 - Power to expedite support cases.

     § 4377.  Power to expedite support cases.
        (a)  Administrative powers.--The department shall have
     Statewide jurisdiction to issue the following administrative
     orders to expedite the establishment and enforcement of support
     on behalf of any assistance recipient or nonrecipient receiving
     Title IV-D services:
            (1)  To order any individual to submit to genetic testing
        for the purpose of paternity establishment.
            (2)  To issue administrative subpoenas against any entity
        within this Commonwealth, including for-profit, not-for-
        profit and governmental employers, to require production of
        information regarding the employment, compensation and
        benefits of any individual employed by such entity as an
        employee or contractor.
            (3)  To access records of all State and local government
        agencies, including vital statistic records (including
        records of marriage, birth and divorce), State and local tax
        and revenue records (including information on residence
        address, employer, income and assets), records of real and
        titled personal property, records of occupational and
        professional licenses, records of the ownership and control
        of corporations, partnerships and other business entities,
        employment security records, records of agencies
        administering public assistance programs, motor vehicle
        records, probation and parole records and corrections
        records.
            (4)  To issue administrative subpoenas for the records of
        public utilities and cable television companies with respect
        to individuals who owe or are owed support or against whom or
        with respect to whom a support obligation is sought,
        consisting of the names and addresses of such individuals and
        the names and addresses of their employers.
            (5)  To issue administrative subpoenas for the records
        held by financial institutions with respect to individuals
        who owe or are owed support or against whom or with respect
        to whom a support obligation is sought.
            (6)  To issue administrative subpoenas for financial or
        other information needed to establish, modify or enforce a
        support order.
            (7)  To issue orders directing an obligor or other payor
        to change the payee of a support order.
            (8)  To order income withholding.
            (9)  To increase the amount of monthly support payments
        for the payment of arrearages, as may be provided by general
        rule.
            (10)  To issue administrative orders in cases where there
        is a support arrearage to secure assets to satisfy any
        current support obligation and the arrearage by:
                (i)  Intercepting or seizing periodic or lump sum
            payments from a government agency, including unemployment
            compensation, workers' compensation and other benefits.
                (ii)  Intercepting or seizing judgments or
            settlements.
                (iii)  Attaching and seizing assets of the obligor
            held in financial institutions.
                (iv)  Attaching public and private retirement funds.
                (v)  Imposing liens on property.
                (vi)  Directing the sheriff to levy and sell other
            real or personal property.
            (11)  To transmit to another state, electronically or by
        other methods, a request for assistance in a case involving
        the enforcement of a support order containing sufficient
        information as will enable the state to which the request is
        transmitted to compare the information to the information in
        the data bases of the state. The transmittal shall serve as a
        certification of arrears and a certification that the state
        has complied with all procedural due process requirements
        applicable to the case.
            (12)  To respond to a request for assistance received
        from another state. The response, which may be transmitted
        electronically or by other methods, shall confirm the receipt
        of the request, the action taken and the amount of support
        collected and specify any additional information or action
        required of the requesting tribunal to obtain enforcement of
        the child support obligation.
            (13)  To prohibit the issuance or renewal of a license of
        an obligor or other individual under section 4355(a)
        (relating to denial or suspension of licenses) or to require
        the suspension of the license of an obligor or other
        individual pursuant to section 4355(d.1).
        (b)  Enforcement authority.--The department may
     administratively assess a civil penalty of up to $5,000 per
     violation upon any person or entity that fails to comply with an
     order, subpoena or request for information issued under
     subsection (a). The department may make application to any court
     of common pleas or to the Commonwealth Court for purposes of
     enforcing any subpoena or final administrative order.
        (c)  Appeals.--Any person aggrieved by an action of the
     department under this section shall have a right to appeal. An
     appeal of an action under subsection (a) shall be taken to an
     independent hearing officer designated by the department unless
     the appellant is challenging the validity or amount of the
     underlying support obligation, in which case the court having
     jurisdiction over the support obligation shall hear the appeal.
     An appeal from imposition of a civil penalty imposed under
     subsection (b) must be taken to the Bureau of Hearing and
     Appeals in the department. An appeal which is filed in the wrong
     tribunal shall be transferred to the correct tribunal. If no
     appeal is timely filed from the department action or under
     subsection (a) or (b), the department's action or order shall be
     final. An action or order of the department under this section
     shall remain in effect pending any appeal unless stayed for good
     cause shown.
        (d)  Immunity.--The department and its employees shall be
     immune from civil or criminal liability for any good faith
     action taken under this section. The immunity provided by this
     subsection shall not apply to any individual who intentionally
     misuses the authority of the department for a purpose other than
     securing the lawful establishment or enforcement of support.
     (Dec. 15, 1998, P.L.963, No.127, eff. imd.)

        1998 Amendment.  Act 127 added subsec. (a)(13). Act 127 of
     1998 was suspended by Pennsylvania Rule of Civil Procedure No.
     1910.50(3), as amended May 31, 2000, insofar as it is
     inconsistent with Rule No.1910.20 relating to the availability
     of remedies for collection of past due and overdue support.
        Cross References.  Section 4377 is referred to in section
     4355 of this title.