Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,140.Jurisdiction; service; notice.(a) The secretary shall have jurisdiction over:
(1) Any person receiving IV-D services from the secretary;
(2) any person within or without this state who may be made subject to thejurisdiction of the courts of this state for the purpose of determining theperson's duty of support or for establishing or enforcing a support order;
(3) any person without this state who may be made subject to thejurisdiction of the secretary for IV-D purposes by the laws of the jurisdictionin which the person resides or may be found; and
(4) any person who may be made subject to the jurisdiction of the courts ofthis state because the person is or may be in possession or control of propertyof the responsible parent, is or may be indebted to the responsible parent oris or may be the responsible parent's payor as defined in the incomewithholding act and amendments thereto.
(b) The jurisdiction of the secretary over any person shall commence at thetime the person is served with an initial notice or order in any IV-Dadministrative proceeding or, for a person receiving IV-D services from thesecretary, at the time the secretary's IV-D services begin. "Initial notice ororder" includes a subpoena, an order for genetic tests, anotice of lien, an income withholding order and an order to restrict transfer.
The secretary's jurisdiction over the responsible parent shall continue solong as IV-D administrative proceedings are pending or so long as a duty ofsupport exists, whichever is longer, regardless of the responsible parent'ssubsequent departure from this state.
(c) Except as provided in subsection (d) or as otherwise specificallyrequired by law, service of any subpoena, notice or order in any IV-Dadministrative proceeding upon any person shall be by regular mail addressed tothe person's last known address. Service by mail is complete upon mailing. Nothing in this subsection shall prevent the secretary and any person fromagreeing to an alternative method of service, including but not limited toelectronic data transfer. Any person accepting an alternative method ofservice under this subsection shall not be liable to any person solely becauseof the method of service.
(d) Service upon the responsible parent of an order for genetic tests shallbe madeonly by personal service or registered mail, return receipt requested.
(e) If service of any notice or order in a IV-D administrative proceedingmust be madeonly by personal service or registered mail, return receipt requestedis qualified to serve the notice or order [*].
(f) Except as otherwise provided in this subsection, substantial compliancewith the requirements for any method of service provided by this section shalleffect valid service if, upon review, the hearing officer or tribunal findsthat, notwithstanding some irregularity or omission, the person served was madeaware that an action or proceeding was pending in which the person's person,status or property could be affected.
After commencement of any IV-D administrative proceeding, service upon thesecretary of any notice or document in the same IV-D administrative proceedingat any address other than the current address provided by the secretary shallnot be effective service upon or notice to the secretary.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,140.Jurisdiction; service; notice.(a) The secretary shall have jurisdiction over:
(1) Any person receiving IV-D services from the secretary;
(2) any person within or without this state who may be made subject to thejurisdiction of the courts of this state for the purpose of determining theperson's duty of support or for establishing or enforcing a support order;
(3) any person without this state who may be made subject to thejurisdiction of the secretary for IV-D purposes by the laws of the jurisdictionin which the person resides or may be found; and
(4) any person who may be made subject to the jurisdiction of the courts ofthis state because the person is or may be in possession or control of propertyof the responsible parent, is or may be indebted to the responsible parent oris or may be the responsible parent's payor as defined in the incomewithholding act and amendments thereto.
(b) The jurisdiction of the secretary over any person shall commence at thetime the person is served with an initial notice or order in any IV-Dadministrative proceeding or, for a person receiving IV-D services from thesecretary, at the time the secretary's IV-D services begin. "Initial notice ororder" includes a subpoena, an order for genetic tests, anotice of lien, an income withholding order and an order to restrict transfer.
The secretary's jurisdiction over the responsible parent shall continue solong as IV-D administrative proceedings are pending or so long as a duty ofsupport exists, whichever is longer, regardless of the responsible parent'ssubsequent departure from this state.
(c) Except as provided in subsection (d) or as otherwise specificallyrequired by law, service of any subpoena, notice or order in any IV-Dadministrative proceeding upon any person shall be by regular mail addressed tothe person's last known address. Service by mail is complete upon mailing. Nothing in this subsection shall prevent the secretary and any person fromagreeing to an alternative method of service, including but not limited toelectronic data transfer. Any person accepting an alternative method ofservice under this subsection shall not be liable to any person solely becauseof the method of service.
(d) Service upon the responsible parent of an order for genetic tests shallbe madeonly by personal service or registered mail, return receipt requested.
(e) If service of any notice or order in a IV-D administrative proceedingmust be madeonly by personal service or registered mail, return receipt requestedis qualified to serve the notice or order [*].
(f) Except as otherwise provided in this subsection, substantial compliancewith the requirements for any method of service provided by this section shalleffect valid service if, upon review, the hearing officer or tribunal findsthat, notwithstanding some irregularity or omission, the person served was madeaware that an action or proceeding was pending in which the person's person,status or property could be affected.
After commencement of any IV-D administrative proceeding, service upon thesecretary of any notice or document in the same IV-D administrative proceedingat any address other than the current address provided by the secretary shallnot be effective service upon or notice to the secretary.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,140.Jurisdiction; service; notice.(a) The secretary shall have jurisdiction over:
(1) Any person receiving IV-D services from the secretary;
(2) any person within or without this state who may be made subject to thejurisdiction of the courts of this state for the purpose of determining theperson's duty of support or for establishing or enforcing a support order;
(3) any person without this state who may be made subject to thejurisdiction of the secretary for IV-D purposes by the laws of the jurisdictionin which the person resides or may be found; and
(4) any person who may be made subject to the jurisdiction of the courts ofthis state because the person is or may be in possession or control of propertyof the responsible parent, is or may be indebted to the responsible parent oris or may be the responsible parent's payor as defined in the incomewithholding act and amendments thereto.
(b) The jurisdiction of the secretary over any person shall commence at thetime the person is served with an initial notice or order in any IV-Dadministrative proceeding or, for a person receiving IV-D services from thesecretary, at the time the secretary's IV-D services begin. "Initial notice ororder" includes a subpoena, an order for genetic tests, anotice of lien, an income withholding order and an order to restrict transfer.
The secretary's jurisdiction over the responsible parent shall continue solong as IV-D administrative proceedings are pending or so long as a duty ofsupport exists, whichever is longer, regardless of the responsible parent'ssubsequent departure from this state.
(c) Except as provided in subsection (d) or as otherwise specificallyrequired by law, service of any subpoena, notice or order in any IV-Dadministrative proceeding upon any person shall be by regular mail addressed tothe person's last known address. Service by mail is complete upon mailing. Nothing in this subsection shall prevent the secretary and any person fromagreeing to an alternative method of service, including but not limited toelectronic data transfer. Any person accepting an alternative method ofservice under this subsection shall not be liable to any person solely becauseof the method of service.
(d) Service upon the responsible parent of an order for genetic tests shallbe madeonly by personal service or registered mail, return receipt requested.
(e) If service of any notice or order in a IV-D administrative proceedingmust be madeonly by personal service or registered mail, return receipt requestedis qualified to serve the notice or order [*].
(f) Except as otherwise provided in this subsection, substantial compliancewith the requirements for any method of service provided by this section shalleffect valid service if, upon review, the hearing officer or tribunal findsthat, notwithstanding some irregularity or omission, the person served was madeaware that an action or proceeding was pending in which the person's person,status or property could be affected.
After commencement of any IV-D administrative proceeding, service upon thesecretary of any notice or document in the same IV-D administrative proceedingat any address other than the current address provided by the secretary shallnot be effective service upon or notice to the secretary.
