§ 110-143.  Passport Denial Program.

(a) Participation. - The Department of Health and Human Services shall participate in the federal Passport Denial Program for the denial, revocation, or limitation of an obligor's passports under 42 U.S.C. § 654(31) and 42 U.S.C. § 652(k).

(b) Certification. - The Department shall annually certify to the federal Office of Child Support Enforcement (OCSE) an obligor in a IV-D case whose support arrears exceed the federally mandated threshold in 42 U.S.C. § 654(31). The OCSE shall transmit the certification to the U.S. Department of State pursuant to the federal Passport Denial Program.

(c) Notice. - The Department shall send written notice of the certification to the obligor at the obligor's last known address. The notice shall advise the obligor of all of the following:

(1) The amount of the arrears as of the date of the notice.

(2) The possibility that the obligor's passport may be denied, revoked, or restricted by the U.S. Department of State.

(3) The procedure to contest the certification.

(d) Appeal. - Within 60 days of the date the notice is placed in the mail to the obligor, the obligor may file a contested case petition with the North Carolina Office of Administrative Hearings to contest the certification. The contested case shall be conducted in accordance with Article 3 of Chapter 150B of the General Statutes. The obligor may contest the certification only if one of the following applies:

(1) An arrearage does not exist.

(2) An arrearage does exist, but never exceeded the federally mandated threshold.

(3) There is a claim of mistaken identity.

(e) Withdrawal of Certification. - The Department shall notify the OCSE if the obligor's support arrears are paid in full. (2023-65, s. 7.3(c).)