The definitions in sections 17b-179(a) -1 and 52-362d-1 of the Regulations of Connecticut State Agencies shall apply to this section.
The department may develop a pre-publication list consisting of randomly selected obligors whose cases meet the following criteria.
The obligor's case is subject to the Title IV-D state plan.
The obligor's overdue support accrued under a court order to pay current and/or past-due support
The IV-D obligation has been monitored through CCSES for at least 180 days prior to development of the pre-publication list.
The obligor made no payments on any CCSES obligations within 180 days immediately preceding the development of the pre-publication list. For the purpose of this subdivision, collections received as a result of any of the following actions shall not be considered as payments made by the obligor:
The obligor's total overdue support on all CCSES obligations for a single case is at least $5,000.
The custodial party's address, according to CCSES records, is known and valid.
The name of the delinquent obligor shall not be publicized without the signed written consent of the custodial party. BCSE shall use the following procedures to obtain the custodial party's consent.
BCSE shall identify the custodial parties associated with the obligors included on the pre-publication list developed in accordance with subsection (b) of this section.
BCSE shall prepare and mail to the custodial parties identified in subdivision (1) of this subsection a letter requesting such parties' consent to publication of the name of the delinquent obligor. The letter shall:
The request for consent letter shall be accompanied by a consent document and a self-addressed return envelope. If a signed consent document is not received within 30 days of the request, BCSE shall delete the obligor from the pre-publication list.
The custodial party may withdraw consent in writing at any time. If consent is withdrawn within 60 days of the signing of the consent document, BCSE shall exclude the obligor's name from the publication list. If consent is withdrawn later than 60 days after the signing of the consent document, BCSE shall exclude or delete the obligor's name from the publication list, or cease publicizing the obligor's name, only if administratively feasible.
The department shall notify the obligor of the proposed publication and provide an opportunity for the obligor to challenge such publication at a fair hearing held by the department. BCSE shall use the following procedures to notify the obligor.
BCSE shall compile a notice list of the delinquent obligors with respect to whom the department has received the consent of the custodial party pursuant to subsection (c) of this section.
BCSE shall prepare and mail to the delinquent obligors identified in subdivision (1) of this subsection, at their last known address as reflected in the department's records, a notice of intent to publicize the obligor's name. The notice shall:
The department shall provide a fair hearing, in accordance with section 17b-60 of the Connecticut General Statutes, to any obligor who challenges the publication of his name under this section, provided the request is made within 60 days of the mailing date of the notice of intent in accordance with subsection (d) of this section. The obligor's available defenses shall include, but not be limited to, the following:
The obligor is not the individual identified by the department as a non-payer of child support.
There is no child support order against the alleged obligor.
The obligor's total overdue support on the case is less than $5,000 on the date of the notice issued under subsection (d) of this section.
During the 180 days of non-payment monitored by CCSES and used as the basis for development of the pre-publication list, the obligor was unable to pay any amount on the court order(s) for any of the following reasons:
BCSE may compile a publication list which shall be based on the following criteria:
The list shall be limited to those obligors who fail to request a fair hearing within 60 days after the mailing date of the notice of intent or who receive an adverse fair hearing decision and fail to appeal such decision to the superior court in a timely manner.
The list shall be limited to obligors who are not current recipients of public assistance from the State of Connecticut or public assistance from the town of the obligor's residence in this state, if known.
The department may consider, in the compilation of any initial or amended publication list, the custodial party's request to publicize the name of an obligor who is the noncustodial parent in his or her IV-D case provided:
Publicizing the names of the obligors included on the publication list compiled in accordance with subsection (f) of this section may proceed as follows:
The data to be publicized shall include, but not be limited to, the following:
The department may, in its discretion, also publicize the obligor's photograph and physical description.
The department may use any publication methods, subject to available appropriations. The methods may include, but shall not be limited to, the following:
Conn. Agencies Regs. § 17b-179(a)-2