Section 15.125.218. Reasons for agency to vacate genetic testing order in paternity establishment proceeding.

	(a)  A party's request under 15 AAC 125.217(e) for the agency to vacate the genetic testing order must be in writing and state in detail why one or more of the reasons in (c) of this section apply to support the request.  
	(b)  If a party submits a request under (a) of this section, the agency will send the parties, by first class mail, a notice of administrative review. In its notice, the agency will inform the parties about the deadlines to submit evidence or argument under this subsection. If a party wishes to submit evidence or argument for the agency to consider, the party shall submit the evidence or argument to the agency within 30 days after the date the agency mailed the notice to the party. The agency shall provide copies of evidence or argument submitted by a party to all other parties. A party may respond to another party's evidence or argument within 10 days after the date the agency mails the evidence or argument to the party. After the deadline for the parties' responses has passed, the agency will review the evidence and issue a decision under (d) or (e) of this section.  
	(c)  The agency will vacate the genetic testing order if the agency finds that  
		(1) at least one of the following circumstances exists:  
			(A) one or more of the conditions of AS 25.27.040(b) are met;  
			(B) the cooperation of the child's custodian in the establishment of paternity is reasonably likely to result in physical or emotional harm to the child or to the child's custodian;  
			(C) the child's custodian is being assisted by a public agency, or by a child placement agency, licensed under AS 47.35  or under similar law of the state where the agency is located, to resolve the issue of whether to keep the child or relinquish the child for adoption;  
			(D) evidence indicates the possibility of paternity by estoppel; or  
		(2) there is not reasonable cause to require testing because clear and convincing evidence establishes that the putative father could not be the child's biological father.  
	(d)  If the agency vacates the genetic testing order under (c)(1) of this section, the agency will issue an administrative review decision terminating the proceeding without making a determination of paternity and support. If the agency vacates the genetic testing order under (c)(1)(D) of this section, the agency may pursue further paternity proceedings through the appropriate judicial forum or through another state's administrative process.  
	(e)  If the agency vacates the genetic testing order under (c)(2) of this section, the agency will issue an administrative review decision finding nonpaternity.  
	(f)  If a party requests the agency to vacate the genetic testing order for one or more reasons under (c) of this section, and the agency denies the request, the mother, child, and putative father shall submit to genetic testing within 30 days after the date of notice of the agency's decision.  
	(g)  An appeal to formal hearing is not available from an agency decision under this section. A decision under this section may be appealed to the superior court.  

Authorities

25.27.020;25.27.040;25.27.140;25.27.165

Notes

Reference

15 AAC 125.212
15 AAC 125.217
15 AAC 125.259

Authority

AS 25.27.020 AS 25.27.040 AS 25.27.140 AS 25.27.165

History

Eff. 6/15/2001, Register 158; am 11/30/2002, Register 164