CODE OF VIRGINIA

ADMINISTRATIVE HEARING ON NOTICE OF DEBT; WITHHOLDINGS; ORDERS TO WITHHOLD AND
DELIVER PROPERTY TO DEBTOR; SET-OFF DEBT COLLECTION (§ 63.2-1942)

The Commissioner may delegate authority to conduct any administrative hearing
pursuant to this chapter to a duly qualified hearing officer. The hearing shall
be held upon reasonable notice to the obligee and the debtor. In no event shall
such hearing officer be legally competent to render a decision as to the
validity of a court order or a defense of nonpaternity. A decision of the
hearing officer shall be in writing and shall set forth the debtor’s and
payee’s rights to appeal the decision of the hearing officer to the
appropriate circuit or juvenile and domestic relations district court. The
decision shall be served upon the debtor in accordance with the provisions of §
8.01-296, 8.01-327 or 8.01-329, mailed to the debtor at his last known address
by certified mail, return receipt requested, or provided by electronic means, or
the debtor may waive service of the decision at the time of the decision. A copy
of such decision shall also be provided to the obligee. Such decision shall
establish the liability of the debtor, if any, and the validity of the
administrative action taken.Action by the Commissioner under the provisions of
this chapter to collect such support debt shall be valid and enforceable during
the pendency of any appeal. The Commissioner may file and serve liens pursuant
to §§ 63.2-1927 and 63.2-1928 during the pendency of the hearing or
thereafter, whether or not appealed. Further action under § 63.2-1929 may be
taken prior to any hearing or appeal. If the decision is in favor of the debtor,
all money collected during the pendency of the appeal shall be returned to the
debtor in accordance with procedures adopted by the Board.

HISTORY: 1985, c. 488, § 63.1-267.1; 1986, c. 476; 1987, c. 640; 1988, c. 906;
1990, c. 896; 2002, c. 747; 2016, c. 29.