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Session Laws, 2003
Volume 799, Page 1357   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 138

[(k)](L) (1) An appeal to the Office of Administrative Hearings authorized
under subsection [(i)] (J) of this section shall be conducted in accordance with Title
10, Subtitle 2 of the State Government Article.

(2) An appeal to the Office of Administrative Hearings shall be:

(i) in writing; and

(ii) received by the Office of Administrative Hearings within 30
days after the notice is sent to the obligor or other challenging party under subsection
[(i)] (J) of this section.

[(l)] (M) After the completion of an appeal to the Office of Administrative
Hearings authorized under subsection [(i)] (J) of this section, the Administration
shall:

(1)     send a notice to the financial institution, in the manner specified in
subsection [(b)] (C) of this section, directing the financial institution to release the
amount seized and attached by the financial institution if the Office of Administrative
Hearings finds that:

(i) there is a mistake of identity;

(ii) the obligor does not have an ownership interest in the contents
of any account held; or

(iii) there is no arrearage;

(2)     send a notice to the financial institution, in the manner specified in
subsection [(b)] (C) of this section, directing the financial institution to release the
attachment on any amount in excess of the revised amount stated and that the
revised amount stated be forwarded to the Administration if the Office of
Administrative Hearings finds that:

(i) the obligor is delinquent, but the amount of the arrearage is less
than the amount indicated in the notice under subsection [(b)] (C) of this section or in
a subsequent notice under subsection [(h)(5)] (I)(5) of this section; or

(ii) the obligor does not have ownership interest in one or more of
the accounts seized and attached or a portion of the accounts; or

(3)     send a notice to the financial institution, in the manner specified in
subsection [(b)] (C) of this section, directing the financial institution to transfer the
amounts seized and attached to the Administration if the Office of Administrative
Hearings upholds the determination of the Administration.

[(m)] (N) (1) A challenging party may withdraw an administrative challenge
or appeal by submitting a notice of the withdrawal to the person identified as the
contact person for the Administration in the notice under subsection [(d)] (E) of this
section, or to the Office of Administrative Hearings.

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Session Laws, 2003
Volume 799, Page 1357   View pdf image
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