This topic contains information on the following subjects:
The noncustodial parent (NCP) has sixty (60) days from the date of the Consumer Credit Reporting Notice (DSS-4478) to file a notice of appeal. Failure of the NCP to make a timely application for a hearing in writing is deemed a waiver of the opportunity to appeal.
When an NCP wants to appeal consumer credit reporting, the following procedures are used:
1. The noncustodial parent (NCP) obtains a Petition To Appeal Tradeline/Credit Bureau Reporting (DSS-4723);
2. The NCP must submit an original and one (1) copy of the Petition to Appeal Tradeline/Credit Bureau Reporting (DSS-4723) to the Office of Administrative Hearings (OAH). A copy must also be served on the process agent for the Department of Health and Human Services (DHHS). The mailing addresses for these offices are:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Emery Edwards Milliken
NC Department of Health and Human Services
2001 Mail Service Center
Raleigh, NC 27699-2001
Mailing instructions are included on the appeal form.
If the NCP contacts local CSS to request the appeal hearing, CSS can generate the Petition To Appeal Tradeline/ Credit Bureau Reporting (DSS-4723) and provide the NCP with the printed document, but CSS CANNOT assist the NCP with completing or mailing the Petition to OAH. (Instructions for completing and submitting this document are in the Petition.)
3. DHHS provides a copy of the petition to the State CSS Attorney who handles consumer credit reporting appeals for county/local CSS agencies.
4. OAH notifies the State CSS Attorney, the NCP, and the NCP’s legal representative (if one has been selected) of the location and date of the hearing. This notice is sent by certified mail to all parties.
5. The State CSS Attorney notifies the Credit Bureau Coordinator of the location and date of the hearing. The Credit Bureau Coordinator at the CSS Central Office is responsible for updating ACTS.
6. The Credit Bureau Coordinator schedules the appeal hearing in ACTS.
7. The hearing is held by OAH.
8. When the appeal is resolved, the order is allowed to be submitted or not submitted.
The Distribution Unit workers at the CSS Central Office are responsible for scheduling the Consumer Credit Reporting Appeal hearing in ACTS.
After reviewing the case, the State CSS Attorney requests any documentation that is needed from the local CSS agency. This requested documentation should be forwarded to the State CSS Attorney immediately. The responsible local CSS caseworker could be asked to submit an affidavit or to appear in person at the appeal hearing.
NOTE: The local caseworker has qualified immunity if he/she has exercised "due diligence" to ensure the accuracy of the arrearages and other documentation.
When an appeal decision is reached, the State CSS Attorney reports the decision to the Credit Bureau Coordinator at the CSS Central Office and to the local CSS agency.
After receiving the appeal decision, the Credit Bureau Coordinator must enter a disposition on the appeal hearing (by deleting the hearing.)
The disposition should not be entered until thirty (30) days after the hearing date to allow for the 30-day time period that the CSS agency and the noncustodial parent (NCP) have to appeal the administrative decision.
When a consumer credit reporting appeal is filed, the responsible local caseworkers must update ACTS. Once updated, ACTS does not include information about a noncustodial parent’s (NCP's) case that is being appealed on the tape to the credit reporting agencies. When the appeal is resolved, the order is then allowed to be submitted or not be submitted.
When the CSS Central Office Intercept Unit workers are notified of the consumer credit reporting appeal, they must immediately advise the responsible local caseworker that a consumer credit reporting appeal has been received.
If local CSS is able to resolve a case prior to a hearing, the State CSS Attorney should be given prompt written notice that the need for a hearing has been eliminated.
To avoid unnecessary scheduling, it is important that the Office of Administrative Hearings (OAH) receive notice that a hearing is not needed as soon as is possible. If the noncustodial parent (NCP) gives verbal notice, the NCP should be advised to submit this notice in writing to confirm that he/she is withdrawing the appeal. If the NCP submits this notice in writing to the local CSS agency, the local agency should notify the State CSS Attorney immediately.
If the NCP notifies the local CSS agency verbally that he/she is withdrawing the appeal but fails to confirm this in writing, the local agency should immediately advise the State CSS Attorney.
Once a final decision is obtained, the State CSS Agency or the noncustodial parent (NCP) has the opportunity to file an appeal of the administrative decision within thirty (30) days.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.