Department of Health and Human Services
Office of Integrated Access and Support
(Formerly Bureau of Family Independence (BFI))
Maine Child Support (Division of Support Enforcement & Recovery)
Maine Child Support Enforcement Manual
Chapter 1 - Preliminary Statement
1. Authority and Intention to Establish Rules
In accordance with and pursuant to the authority conferred by 22 MRSA § 42(1), the Maine Administrative Procedure Act and 19A MRSA § 2251 et seq, the Maine Department of Human Services herewith establishes its rules with respect to the activities of the Division of Support Enforcement.
2. Title of Rules
These rules may be referred to and cited as the "Maine Child Support Enforcement Manual", the "Support Enforcement Manual", or the "Manual".
3. Preliminary Statement as Integral Part of Manual
This chapter is an integral part of the Manual.
4. Manual Binding on Departmental Employees
The Manual is binding on all employees of the Department.
5. Purposes of Establishment of Rules
These rules are promulgated for the following purposes:
- To implement Federal statutes, regulations and action transmittals of the Office of Child Support Enforcement (OCSE), U.S. Department of Health and Human Services, that are applicable to the activities of the Division of Support Enforcement.
- To implement the Statutes of the State of Maine, inclusive of the Maine Rules of Civil Procedure, and the Maine Administrative Procedure Act, to the extent they are applicable to the activities of the Division.
- To establish rules of practice governing the conduct of adjudicatory proceedings of the Division, in accordance with and as authorized by the Maine Administrative Procedure Act (5 MRSA § 8051).
- To establish the Department's rules for its employees who are engaged in any of the activities to which the Manual is applicable
6. Disclaimer of Waiver
The absence of a reference herein to a power of or a remedy available to the Division by virtue of any federal or State statute, regulation or rule, or to a support-establishment/enforcement/collection procedure or mechanism permitted under federal or State law, regulation or rule, or under OCSE action transmittals, shall not operate as a waiver of any such power or of the use of any such remedy, procedure, or mechanism.
7. Organization of Rules
The rules are organized by chapters, which are divided into sections. Sections are broken down into sub-sections; sub-sections, into paragraphs; and paragraphs, into sub-paragraphs. Chapters are numbered by Arabic numerals beginning with "1", as are sections. Sub-sections are lettered with capital letters, beginning with "A". Paragraphs are numbered with Arabic numbers beginning with "1". Sub-paragraphs are lettered with lower-case letters, beginning with "a". (See "Citation of Rules", below.)
8. Citation of Rules
In a full citation, the Arabic numeral designating a chapter precedes a decimal. The Arabic number following the decimal designates the section. Sub-section, paragraph and sub-paragraph indicators follow, each enclosed in parentheses or brackets, as appropriate. For example, the citation for "Chapter 7, Section 4, Sub-section G, Paragraph 2, Sub-paragraph d" would normally be"7.4(G)(2)(d)". If, however, the whole citation is enclosed by parentheses, the citation would be, e.g., as follows: "(But see 7.4[G][2][d])." A full citation to the Manual is always followed by the Manual page on which the cited material appears, e.g., "7.4(G)(2)(d), p.30". The page reference also confirms that what precedes it is a citation to the Manual and not to a federal/State statute, State Rule of Practice, or rule of another State agency. Whenever, because of the proximity of the material cited (or if on any other basis it has been concluded that a full citation is not necessary to achieve a clear reference), the component is cited by itself, e.g.: "Sub-§A, above" and "sub-e, p. 32". (See Chapter 2, p. 6, "Symbols"). A page reference in/following a citation is always a reference to a page in this Manual.
