Section 15.125.252. Provisions applicable to disestablishment of paternity.

	(a)  A party may request, in writing, a second genetic test within 10 days after the genetic test results are mailed to the parties under 15 AAC 125.246(a). If the agency receives a timely request and advance payment of all costs of a second genetic test by the requesting party, the agency will order a second genetic test. The agency will provide copies of the second genetic test results to the parties and a notice of the deadline for submission of additional evidence or argument under this subsection. The parties may submit additional evidence or argument concerning the disestablishment of paternity within 10 days after the test results are mailed to the parties. The agency will issue an administrative review decision under 15 AAC 125.246(b) and (c) within 20 days after the date the agency received the second genetic test results.  
	(b)  Genetic test results must be accompanied by an authenticating affidavit 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 may not rely on genetic test results that are not properly authenticated as described in this subsection to disestablish paternity.  
	(c)  Repealed 6/15/2001.  
	(d)  The agency may consult with independent experts for assistance in resolving any issue, including disparities or conflicts in the medical evidence, paternity by estoppel, and the best interests of the child.  
	(e)  Repealed 2/16/2013.  
	(f)  A decision under 15 AAC 125.232 - 15 AAC 125.246 and this section to disestablish paternity is effective from the date of filing of the petition to disestablish paternity under 15 AAC 125.236(a) unless the agency determines there is good cause to select a different effective date.  
	(g)  The provisions of 15 AAC 125.118(c), (d), and (f) apply to proceedings under 15 AAC 125.232 - 15 AAC 125.246 and this section to the extent that those provisions are not inconsistent with a provision of AS 25.27.166, 15 AAC 125.232 - 15 AAC 125.246, 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 125.232, 15 AAC 125.246, and this section.  
	(h)  During the pendency of a proceeding under 15 AAC 125.232 - 15 AAC 125.246, and this section, the petitioner shall pay to the agency all support payments that are due.  
	(i)  If the agency administratively disestablishes a party's paternity, the party's uncollected arrearages accrued under the state administrative child support order will be extinguished in accordance with AS 25.27.166.  

Authorities

25.27.020;25.27.166

Notes

Reference

15 AAC 05.010
15 AAC 05.025
15 AAC 05.030
15 AAC 125.246
15 AAC 125.259

Authority

AS 25.27.020 AS 25.27.166

History

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