The department shall notify the obligor of its issuance of a national medical support notice and further advise the obligor of the procedures to contest the enrollment and withholding of premiums. An obligor may contest the enrollment and withholding of premiums by filing a written request for administrative review with the department within ten days after service of the notice. The grounds for contesting shall be based upon a mistake of fact and limited to the proper identity of the obligor, or a dispute concerning the responsibility of the obligor to provide health insurance coverage for the dependent child pursuant to an order for support. The employer shall continue to withhold premiums until it receives notice that the contest is resolved and the obligor is not responsible for the child’s health insurance coverage. The employer shall also provide the department written notification of termination of employment within five days of the obligor’s termination date.

Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.

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Terms Used In South Dakota Codified Laws 25-7A-62

  • Dependent: A person dependent for support upon another.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 2002, ch 128, § 3.