40-5-261. Procedures for making information available to consumer reporting agencies. (1) The department may make information about a support debt available to consumer reporting agencies, as defined in 31-3-102, upon request. The department may charge a fee to recover the cost of responding to requests for support debt information. The department shall provide advance notice to the obligor concerning the proposed release of information. However, lack of actual notice does not preclude the release of information to consumer reporting agencies. The notice may be incorporated into any notice served pursuant to Title 17, chapter 4, part 1; Title 40, chapter 5, part 4; this part; or the federal income tax refund intercept program under 42 U.S.C. 664. The notice must inform the obligor of the methods available for contesting the accuracy of the information.
(2) If contacted by an obligor wishing to contest the accuracy of information proposed for release to consumer reporting agencies, the department shall conduct an informal administrative review, separately or in conjunction with a hearing on any other matter concerning the obligor's support obligation, to determine the accuracy of the information. The accuracy of information provided by the department to consumer reporting agencies may be contested in accordance with the procedures provided in 31-3-124. An obligor dissatisfied with the outcome of a reinvestigation conducted by a consumer reporting agency may receive an administrative hearing on the accuracy of the information by filing a written request with the department. The hearing must be conducted in accordance with 40-5-226, and the resulting findings are subject to judicial review as provided in 40-5-253.
(3) The department shall within 30 days notify all consumer reporting agencies that were provided information pursuant to this section if a reported support debt is paid in full or is no longer being enforced by the department.
History: En. Sec. 6, Ch. 418, L. 1989.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 2. Administrative Enforcement of Support
40-5-203. Child support enforcement services
40-5-204. Cooperation by obligee
40-5-205. Payment of support money collected to department -- notice
40-5-207. Department authorized to enforce maintenance awards
40-5-208. Medical support -- obligation enforcement
40-5-209. Child support guidelines -- periodic review
40-5-210. Standardized fee schedule -- rules
40-5-213. Financial statements by obligor -- penalty
40-5-214. Scale of suggested minimum contributions
40-5-215. through 40-5-220 reserved
40-5-221. Debt to state by obligor -- limitations
40-5-222. Support debt based upon support order -- notice -- contents -- action to collect
40-5-227. Filing and docketing of final orders -- orders effective as district court decrees
40-5-228. through 40-5-230 reserved
40-5-231. Jurisdiction and venue
40-5-232. Establishment of paternity -- notice of parental responsibility -- contents
40-5-235. Effect of order establishing paternity -- birth records -- relief from order
40-5-238. Confidentiality of paternity hearings and records of proceedings
40-5-239. and 40-5-240 reserved
40-5-243. Release of excess to obligor
40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption
40-5-249. and 40-5-250 reserved
40-5-251. Debt payment schedule
40-5-252. Interest on debts due -- waiver
40-5-253. Administrative findings and order -- administrative remedies -- judicial review
40-5-254. Statutory limitations
40-5-255. Charging off child support debts as uncollectible -- sale of support debts
40-5-256. Employee debtor rights protected -- limitation
40-5-257. Assignment of earnings to be honored -- effect
40-5-258. through 40-5-260 reserved
40-5-261. Procedures for making information available to consumer reporting agencies
40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department
40-5-264. Cooperative agreements
40-5-265. through 40-5-270 reserved
40-5-271. Registration of support orders
40-5-272. Application for review of child support orders
40-5-273. Notice of review of child support orders -- order for production of information
40-5-277. Administrative review hearing -- final order -- court approval of order
40-5-278. Limited review of support order
40-5-279. through 40-5-289 reserved