5101:12-55-03.3 Administrative mistake of fact hearing process.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           02/05/2008

TIME:              10:00 a.m.

LOCATION: Room 3110 B, Rhodes State Office Tower, 30 East Broad St., Columbus, Ohio 43215

 

Pursuant to section 3125.25 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the rescission and adoption of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for rescission as a result of a review conducted in accordance with section 119.032 of the Revised Code (ORC), which requires the review of all state agency rules within a five- year period:

 

·         Rule 5101:12-55-03, "Default," This rule describes the optional enforcement techniques that a child support enforcement agency (CSEA) may use when there is a final and enforceable determination of default and provides definitions of terms used in this rule and supplemental rules.  This rule is being proposed for rescission and replaced in part by a new rule with the same rule number and title and in part by new rule 5101:12-55-03.4 because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added

 

·         Rule 5101:12-55-03.1, "Identification of default and notice to obligor of default and potential action," describes the process by which an obligor is identified by the support enforcement tracking system (SETS ) as meeting the default criteria and the CSEA's resulting actions.  This rule is being proposed for rescission and replaced in part by a new rule with the same rule number and title and in part by new rule 5101:12-55-03.3 because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-55-03.2, "Default investigation," describes the investigation the CSEA must complete when an obligor has been identified as meeting the default criteria.  This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-55-03.3, "Administrative mistake of fact hearing," describes when the obligor may request an administrative mistake of fact hearing to contest the JFS 04049 (default notice) and the administrative mistake of fact hearing process. This rule is being proposed for rescission and replaced in part by a new rule with the same rule number but different title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

 

 

 

 

 

·         Rule 5101:12-55-03.4, "Enforcement actions based on a final and enforceable determination of default," describes the enforcement actions a CSEA may undertake when there has been a final and enforceable determination of default. This rule is being proposed for rescission and replaced by a new rule with the same rule number but different title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

The following OAC rules are being proposed for adoption to replace rules rescinded as a result of a review conducted in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:

·         Rule 5101: 12-55-03, "Default," defines terms used in Chapter 5101:12-55 of the OAC.  This rule replaces part of existing rule 5101:12-55-03, which is being rescinded as a result of the five year review requirement. Changes from the existing rule include:  deleted the paragraph that described enforcement techniques; clarified in paragraph (B) that the definitions were to be used throughout the rules in Chapter 5101:12-55; and deleted the definition of support order as that term is defined in OAC rule 5101:12-1-10.  There were no other substantive changes to the rule.

·         Rule 5101: 12-55-03.1, "Identification of default and notice to obligor of default and potential action," explains that SETS identifies an obligor who appears to meet the default criteria; describes the process by which a payment on arrears is created if one does not exist when a JFS 04047 (income withholding notice) is issued; and that a JFS 04049 (default notice) is issued to the obligor.  This rule replaces part of existing rule 5101:12-55-03.1, which is being rescinded as a result of the five year review requirement.  Changes from the existing rule include: removed unnecessary text that did not provide clarification or was repetitive; moved information in the rule so that the information is easier to find; amplified information regarding when an arrears payment is created by SETS during the default process; included information regarding the JFS 07083 (Notice to Obligor Regarding Default and 20% Payment on Arrears) that is issued when an arrears payment is created; corrected the citation to ORC section 3123.022; and moved information regarding when and how the obligor requests an administrative mistake of fact hearing to rule 5101:12-55-03.3.  There were no other substantive changes to the rule.

·         Rule 5101: 12-55-03.2, "Default investigation," describes the investigation and the timeframes for the investigation that the CSEA must complete.  This rule replaces existing rule 5101:12-55-03.2, which is being rescinded as a result of the five year review requirement. Changes from the existing rule include:  removed unnecessary reference to ORC sections; clarified that the default investigation must be completed before the JFS 04049 (default notice) is issued; and reorganized information so that it was easier for the user to find.  There were no other substantive changes.

·         Rule 5101:12-55-03.3, "Administrative mistake of fact hearing process," describes the administrative mistake of fact hearing process.  This rule replaces part of existing rules 5101:12-55-03.1 and 5101:12-55-03.3, which are being rescinded as a result of the five year review requirement.  Changes from the existing rules include:  added information regarding the JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears"; moved information about the obligor's right to request an administrative mistake of fact hearing to this rule from rule 5101:12-55-03.1; reorganized information so that it is easier for the user to find; and modified language to comply with rule-drafting guidelines of the Legislative Service Commission.  There were no other substantive changes.

·         Rule 5101:12-55-03.4, "Final and enforceable determination of default," describes when there is a final and enforceable determination of default; the actions a CSEA must complete to modify, terminate, or issue an income withholding notice; and includes references to the OAC Chapters that contain required and optional enforcement techniques.  This rule replaces existing rule 5101:12-55-03.4 and  part of existing rules 5101:12-55-03 and 5101:12-55-03.3, which are being rescinded as a result of the five year review requirement.  Changes from the existing rules include:  added a paragraph describing when there is a final and enforceable determination of default; removed unnecessary references to OAC rules and ORC sections; moved information regarding enforcement techniques that are in addition to income withholding to new paragraph.  There were no other substantive changes.

Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below.  The rules are also available on the internet at http://www.registerofohio.state.oh.us/.

A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice.  Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at [e-mail].