§ 4108. Grievance procedure

(a) The Office of Child Support shall adopt rules in accordance with the procedures set forth in 3 Vt. Stat. Ann. chapter 25, the Administrative Procedure Act, to establish and implement a grievance procedure to contest decisions of the Office of Child Support.

(b) The Office of Child Support shall make widely available to the public information about its grievance procedure, including grievance forms, pamphlets explaining the procedure, and explanations of grievance rights.

(c) Upon issuing a wage withholding order, the Office of Child Support shall notify the obligor pursuant to 15 V.S.A. § 788 of the amount of the past due child support, the consequences of failing to meet a court-ordered child support obligation, and the procedure for contesting the Office’s action under this section.

(d) All final decisions of the Office of Child Support are appealable de novo to the magistrate in the Family Division of the Superior Court.

(e) If the obligor contests the withholding within 21 days of the notice and is found not to be in arrears by more than one-twelfth of the annual support obligation on the date the notice is issued, the Office, within two business days, shall notify the employer to cease withholding. In addition, the Office shall pay to the obligor three times the amount erroneously withheld. (Added 1993, No. 105, § 10; amended 1997, No. 63, § 27, eff. Sept. 1, 1997; 2009, No. 146 (Adj. Sess.), § C17; 2009, No. 154 (Adj. Sess.), § 238.)