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Title 15 . Revenue
Chapter 125 . (Repealed)
Section 261. Genetic testing costs in paternity proceedings

15 AAC 125.261. Genetic testing costs in paternity proceedings

(a) Except as provided in (b) of this section, the agency will assess against a child's putative father any costs that the agency pays for genetic testing. For genetic testing costs assessed under this section, the agency will include

(1) the amount billed to the agency for the genetic tests in the subject case by the genetic testing laboratory;

(2) the costs paid by the agency to transport the individuals to be tested in the subject case to the nearest available facility for collection of genetic testing samples; and

(3) the cost of food and lodging paid by the agency to individuals tested in the subject case.

(b) The agency will not assess costs against a child's putative father under (a) of this section if

(1) the agency determines that the putative father is not the biological father of the child;

(2) the putative father is receiving public assistance when the agency issues the administrative decision finding paternity under 15 AAC 125.222; or

(3) the agency finds good cause not to assess costs against the putative father because the assessment of costs would

(A) not be in the best interests of the child;

(B) cause undue hardship to the putative father or the putative father's family; or

(C) be unfair to the putative father given all of the relevant circumstances in the case.

(c) Except as provided in (d) of this section, the agency will pay a person's transportation costs to and from the nearest available facility for the collection of genetic testing samples if the facility is not located within a 50-mile radius of the city, town, or village where the individual resides. The agency will pay lodging and meal costs only if the person qualifies for transportation costs under this subsection.

(d) If the person can travel to and from the nearest available facility for the collection of genetic testing samples, and have a genetic testing sample collected on the same day, the agency will

(1) not pay lodging costs;

(2) pay the person for meals at the rate of $9 for breakfast, $11 for lunch, and $22 for dinner, if the person is in travel status during the meal allowance period for three consecutive hours; and

(3) pay $10 for ground transportation in connection with an air flight.

(e) If the person cannot travel to and from the nearest available facility for the collection of genetic testing samples, and have a genetic testing sample collected on the same day, the agency will pay a total of $110 to the person to cover meals, lodging, and ground transportation.

(f) As used in this section,

(1) "meal allowance period" means the following time periods for each meal:

(A) for breakfast, 12:01 a.m. - 10 a.m.;

(B) for lunch, 10 a.m. - 3:00 p.m.;

(C) for dinner, 3:00 pm - Midnight;

(2) "travel status" means the time a required trip begins until it ends; for purposes of this paragraph, "required trip" means a trip that

(A) the agency requires in order for the person to reach the nearest available facility to have a genetic testing sample collected;

(B) begins when the person leaves the person's residence or normal work location to travel to the facility; and

(C) ends when the person returns to the person's residence or normal work location.

History: Eff. 11/30/2002, Register 164

Authority: AS 25.20.050

AS 25.27.020

AS 25.27.040

AS 25.27.165

AS 25.27.166


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Last modified 7/05/2006