(a) If the obligor wishes to contest income withholding or income tax refund withholding, he or she must notify the Division and the Administration Hearing Office in writing within ten (10) days of the notice provided for in section 355 of this chapter. Failure to inform the Division within ten (10) days of the date of the notice shall be construed as a consent to income withholding or income tax refund withholding.
(b) When an obligor makes a timely request to contest income withholding or income tax refund withholding, a hearing shall be scheduled by the hearing officer and notice shall be given to the obligor of the opportunity to present his or her case.
(c) At the hearing, the obligor may contest income withholding or income tax refund withholding only on the basis of a mistake of fact.
(d) A written decision and order as to whether commencement of income withholding will continue or income tax refund withholding will occur shall be made and provided to the obligor and to the person to whom the support money is owed within forty-five (45) days of the date the original notice was sent to the obligor. In the case of income withholding, the decision must notify the obligor and the person to whom the support money is owed whether or not withholding is to continue and, if income withholding is to continue, the notice shall include the amounts of income being withheld, and the time when income withholding began.
(e) In the event income withholding shall continue, the amount withheld shall be the amount of the current support obligation, plus not less than ten percent (10%) nor more than thirty percent (30%) of the current support obligation, in the discretion of the hearing officer, and to the extent that the notice issued pursuant to section 355 of this chapter does not already provide for same.