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Session Laws, 1994
Volume 773, Page 2279   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 475

(E)     UPON RECEIPT OF A NOTICE FROM THE STATE LOTTERY AGENCY, ANY
DEFENDANT WHO DISPUTES THE EXISTENCE OR AMOUNT OF THE ARREARAGE MAY
APPEAL THE PROPOSED TRANSFER WITHIN 15 DAYS AFTER THE DATE OF THE
NOTICE.

(F)      IF NO APPEAL IS FILED WITHIN 15 DAYS, THE STATE LOTTERY AGENCY
SHALL TRANSFER THE AMOUNT OF THE PRIZE WITHHELD TO THE UNIT.

(G)     IF THE DEFENDANT APPEALS THE PROPOSED TRANSFER, AFTER A
HEARING THE UNIT SHALL NOTIFY THE STATE LOTTERY AGENCY THAT THE
WITHHELD PRIZE SHALL BE:

(1)      PAID TO THE DEFENDANT;

(2)      TRANSFERRED TO THE UNIT; OR

(3)      PARTLY PAID TO THE DEFENDANT AND PARTLY TRANSFERRED TO
THE UNIT, IN THE AMOUNTS SPECIFIED.

(H) THE STATE LOTTERY AGENCY SHALL HONOR LOTTERY PRIZE
INTERCEPTION REQUESTS IN THE FOLLOWING ORDER:

(1)      AN INTERCEPTION REQUEST UNDER § 10-113.1 OF THE FAMILY LAW
ARTICLE; AND

(2)      AN INTERCEPTION REQUEST UNDER THIS SECTION.

(I) THE SECRETARY OF BUDGET AND FISCAL PLANNING AND THE DIRECTOR
OF THE STATE LOTTERY AGENCY MAY JOINTLY ADOPT REGULATIONS TO
IMPLEMENT THIS SECTION.

640C.

(A)     IF A COURT ISSUES AN ORDER OF RESTITUTION UNDER § 640 OF THIS
ARTICLE, THE COURT MAY ISSUE AN IMMEDIATE AND CONTINUING EARNINGS
WITHHOLDING ORDER IN AN AMOUNT SUFFICIENT TO PAY THE RESTITUTION:

(1)      AT SENTENCING;

(2)      WHEN THE DEFENDANT IS PLACED ON WORK RELEASE OR
PROBATION; OR

(3)      WHEN THE PAYMENT OF RESTITUTION IS DELINQUENT UNDER §
640A(A) OF THIS ARTICLE
.

(B)      SUBJECT TO FEDERAL LAW AND § 10 126 OF THE FAMILY LAW ARTICLE,
AN EARNINGS WITHHOLDING ORDER ISSUED UNDER THIS SECTION HAS PRIORITY
OVER, THE ORDER OF PRIORITY OF EXECUTION OF AN EARNINGS WITHHOLDING ORDER
SHALL BE AS FOLLOWS:

(1) AN EARNINGS WITHHOLDING ORDER ISSUED UNDER § 10-126 OF THE
FAMILY LAW ARTICLE;

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Session Laws, 1994
Volume 773, Page 2279   View pdf image
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