Plain Text Law

Chapter 10. Lottery Intercept Program

Full chapter: Markdown · XML

Regulation .01 Definitions.Copy Citation

HTML · MD · XML
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Agency” means the State Lottery Agency.

Regulation .02 Duties of the Administration.Copy Citation

HTML · MD · XML
A.
The Administration may periodically certify to the Agency any child support obligations which are $150 or more in arrears if the obligation is payable to the Administration or to another public support collection agency, and the arrears certified are on record in that agency.
B.
The certification shall provide the name and Social Security number of the obligor, the total arrears due and any other necessary information.
C.
In a case certified for non-TCA arrears only, if no appeal is filed, the Administration shall remit the intercepted amount to the custodial parent within 2 business days of the expiration of the appeal period.

Regulation .03 Duties of the State Lottery Agency.Copy Citation

HTML · MD · XML
A.
The Agency may not question the certifications of the Administration.
B.
The Agency shall compare the names and Social Security numbers certified by the Administration with the names and Social Security numbers of persons who claim lottery prizes to be paid by check directly by the Agency or by annuity payments.
C.
If a match is made between a prize winner and a certified obligor, the Agency shall determine whether the prize or the arrears due the Administration is greater. If the prize is equal to or less than the arrears due, the Agency shall pay the prize to the Administration. If the prize is greater than the arrears, the Agency shall pay that portion of the prize which is equal to the arrears to the Administration, and the remainder to the obligor.
D.
If a prize is won by a certified obligor along with another person or persons, the Agency shall intercept only that portion of the prize that is due the obligor.
E.
The Agency shall hand deliver or mail a written notification of the intercept to the obligor within 24 hours of the intercept. If the prize is to be paid by a series of payments, the notice shall be given only once. The notice shall be dated and inform the obligor:
(1)
Of the Administration's certification of support arrears in the amount specified;
(2)
Of the requirements of the law;
(3)
That the Agency proposes to pay the prize, or that portion of it equal to the support arrears, to the Administration; and
(4)
Of the right to appeal to the Administration.
F.
The Agency shall remit intercepted prizes to the Administration daily, accompanied by a list identifying the obligors for whom remittance is made. The list shall include the winner's name, Social Security number, the winner's home address, and any other information from the Agency files appropriate to the enforcement of the child support obligation.
G.
Upon notification by the Administration that the certified arrears of an obligor who has won a prize to be paid as an annuity are to be modified, the Agency shall modify its records.

Regulation .04 Appeals.Copy Citation

HTML · MD · XML
A.
Appeal Rights and Restrictions.
(1)
A certified noncustodial parent has the right to appeal the intercept of all or part of a lottery prize.
(2)
An appeal shall be conducted according to COMAR 07.01.04.
(3)
A noncustodial parent may claim on appeal that either the:
(a)
Arrearage certified does not exist; or
(b)
Arrears are less than the amount intercepted.
B.
Decisions and Remedies.
(1)
The decision shall be mailed to the noncustodial parent and representative and, in a non-TCA case, the custodial parent. The decision shall include a statement of the noncustodial parent's right to a judicial review of the decision.
(2)
If a prize is to be paid in a series of payments, and the arrears are not entirely eliminated by the first intercept, the Administration shall notify the Agency of its decision.
(3)
If the Administration determines that no arrears exist, the Administration shall pay the full amount of the intercept to the noncustodial parent within 30 days of the date of that determination.
(4)
If the Administration determines that the intercept is in excess of the arrears as of the date of the review of the record or of the hearing, the Administration shall remit the excess amount to the noncustodial parent within 30 days of the date of the decision.
(5)
If, in a non-TCA case, the administrative law judge determines that the intercept, or part of the intercept, is due to the custodial parent, the Administration shall remit the amount to the custodial parent within 15 days after expiration of the period of appeal to the circuit court. If the case is appealed to the circuit court, the Administration shall distribute the intercepted amount as ordered by the court.
Chapter annotations
Authority: Family Law Article, §§10-113.1 and 10-114, Annotated Code of Maryland
History: Effective date: May 1, 1989 (16:8 Md. R. 908)
History: Chapter recodified from COMAR 07.07.04 to COMAR 07.07.10 effective March 22, 1999 (26:6 Md. R. 482)
History: Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1781)
History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 540)
History: Regulation .02 amended effective October 15, 2001 (28:20 Md. R. 1781)
History: Regulation .02C amended effective February 26, 2007 (34:4 Md. R. 398)
History: Regulation .04 amended effective April 5, 1999 (26:7 Md. R. 540); October 15, 2001 (28:20 Md. R. 1781)
History: Regulation .04B amended effective February 22, 2010 (37:4 Md. R. 338)