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Complaint Transfer.

22 CCR 120104

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22 CCR 120104

22 CCR 120104

§ 120104. Complaint Transfer.

(a)

Upon the local child support agency's determination that proper jurisdiction for the complaint is a local child support agency in another county, the local child support agency that received the complaint shall do both of the following:

(1)

Complete a “Complaint Transfer,” LCR004, dated (10/01), incorporated by reference herein, and email or fax the “Complaint Transfer,” LCR004, and all other relevant complaint documents, forms, or other written or oral information received from the complainant, to the appropriate local child support agency within five (5) business days after the complaint receipt date.

(2)

Notify the complainant of the complaint transfer by mailing the complainant a copy of the completed LCR004 within five (5) business days after transferring the complaint to another county.

(b)

A local child support agency that receives a “Complaint Transfer,” LCR004, as specified in (a), shall complete the requirements of Sections 120101 through 120105(a) within 30 days after receiving the “Complaint Transfer,” LCR004.

(c)

If the transferring and receiving local child support agencies cannot agree to the proper jurisdiction for the complaint, the receiving local child support agency shall contact the Department by telephone, and follow up by fax, for jurisdictional determination within five (5) business days of receipt of the “Complaint Transfer,” LCR004. The Department shall make the jurisdictional determination within five (5) business days after contact. If the Department determines the jurisdiction for the complaint belongs to the transferring county, the complaint receipt date shall continue to be the date the local child support agency initially received the complaint pursuant to Section 120003. If the Department determines the jurisdiction for the complaint belongs to the receiving county, the complaint receipt date shall be the date the receiving county received the LCR004 from the transferring county, as specified in Section 120003.