Section 15.125.226. Procedures applicable to determinations of paternity.

	(a)  The party who disputes paternity in a proceeding under 15 AAC 125.216 - 15 AAC 125.222 must specify in writing the basis for disputing paternity.  
	(b)  On its own motion or that of a party, the agency may issue a temporary order for the support of the child whose paternity is being determined under 15 AAC 125.216 - 15 AAC 125.222. The agency may issue the temporary support order if the agency finds, by clear and convincing evidence, that the putative father is the child's biological father on the basis of genetic test results and other evidence submitted in support of the motion for temporary support order. The temporary support order is effective until a tribunal issues a final paternity determination and a final support order or until the agency dismisses the proceeding to determine paternity under this section.  
	(c)  A party who submits evidence or written argument in a proceeding described in 15 AAC 125.216 - 15 AAC 125.222 may include evidence of medical records, affidavits, or other evidence tending to negate the genetic test results. Genetic test results submitted as evidence must be accompanied by an authenticating affidavit signed by the person who performed the test or by an authorized representative of the entity that performed the test, verifying that the test was conducted under scientifically accepted standards and that procedures necessary to make the test valid were followed. The agency will not rely on genetic test results that are not properly authenticated as described in this subsection to establish paternity.  
	(d)  The agency may require additional evidence from a party in order to determine whether the presumption of paternity resulting from genetic test results meeting the standard set in AS 25.20.050(d) has been rebutted by clear and convincing evidence.  
	(e)  If additional evidence or written argument is not submitted under (d) of this section by the date of the administrative review, the agency will issue its administrative review decision based on the evidence available at the time of the review, including genetic test results meeting the standard set in AS 25.20.050(d).  
	(f)  If the agency issues an administrative review decision under 15 AAC 125.222 establishing paternity, the agency may establish the amount of the support obligation under 15 AAC 125.010 - 15 AAC 125.090.  
	(g)  The provisions of 15 AAC 125.118 apply to proceedings under 15 AAC 125.216 - 15 AAC 125.222 and this section, to the extent that those provisions are not inconsistent with a provision of AS 25.27.165, 15 AAC 125.216 - 15 AAC 125.222, or this section. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals of administrative review decisions issued under 15 AAC 125.222.  
	(h)  The provisions of AS 25.20.050(d) apply to all genetic testing ordered by the agency under 15 AAC 125.216 - 15 AAC 125.222 and this section.  
	(i)  The agency will include the social security numbers of the father, mother, and child in the records relating to all determinations establishing paternity.  

Authorities

25.27.020;25.27.140;25.27.165

Notes

Reference

15 AAC 05.010
15 AAC 05.025
15 AAC 05.030
15 AAC 125.340

Authority

AS 25.27.020 AS 25.27.140 AS 25.27.165

History

Eff. 10/1/98, Register 147; am 6/15/2001, Register 158; am 11/30/2002, Register 164; am 2/16/2013, Register 205