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LEGAL DECISION MAKING & PARENTING TIME

25-520. Child support enforcement; administrative subpoena; civil penalty

A. In a title IV-D case the department or its agent may issue a subpoena to a person or entity believed to have information needed for the establishment of paternity or the establishment, modification or enforcement of a child support order, requiring appearance before the department or its agent and the production of all records or documents related to an investigation or child support proceeding.

B. The subpoena shall be served in the manner provided under applicable law or rules of procedure for the service of subpoenas in a civil action.

C. A person or entity that, without reasonable cause, fails to comply with the subpoena or that wilfully gives false information is subject to a civil penalty of not more than two hundred fifty dollars for each violation.

D. A civil penalty imposed by the department pursuant to subsection C of this section is subject to court review if the person or entity requests a review within fifteen business days after the department imposes the penalty.

E. A civil penalty imposed by the department on an obligor pursuant to this section may be referred to credit reporting agencies for up to seven years after the date of the order that imposed the penalty or until collected. The department shall not take this action until the time for a court review pursuant to subsection D of this section has elapsed.

F. A civil penalty imposed by the department operates as a final judgment without further action by the department. The department may collect the penalty through all available civil remedies. A civil judgment accrues interest pursuant to section 44-1201.

G. The department shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this section in the state general fund.

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