5101:12-55-03.4 Final and enforceable determination of default.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE: 12/02/2015 TIME: 10:00 AM

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

 

Pursuant to sections 3119.51, 3119.94, 3123.23, 3123.63, 3123.823 and 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 amendment or adoption of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for amendment to update the effective date language of the forms that are referenced in the following rules.

 

•         Rule 5101:12-50-10, "Income withholding or income deduction," describes in part the requirements for a child support enforcement agency (CSEA) to implement income withholding or income deduction.

 

•         Rule 5101:12-50-10.2, "CSEA's responsibility for income withholding and income deduction," describes when a CSEA shall issue an income withholding or income deduction.

 

•         Rule 5101:12-50-10.8, "Withholding from unemployment compensation benefits initiated by a child support enforcement agency," describes the requirements for withholding unemployment compensation benefits received by an obligor.

 

•         Rule 5101:12-50-12, "Lump sum payments," describes the process used by the CSEA when notified that an obligor is eligible to receive a lump sum payment.

 

•         Rule 5101:12-50-19, "Investigation of obligor's source of income or status of account," describes how a CSEA with administrative responsibility shall conduct an investigation of an obligor's employment and/or resources when the CSEA receives notification or becomes aware of a change in the obligor's source of income or status of accounts in a financial institution.

 

•         Rule 5101:12-50-90, "Additional authority to collect arrearages," describes how a CSEA administering the support order may take enforcement actions to collect any arrearage amount that has not yet been collected.

 

•         Rule 5101:12-55-03.1, "Identification of default and notice to obligor of default and potential action," describes how at the end of each month, the support enforcement tracking system (SETS), upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, issues a JFS 04047, "Income Withholding for Support" (rev. 7/2015), to the obligor's current employer and the obligor.

 

•         Rule 5101:12-55-03.2, "Default investigation," describes the process of how the CSEA shall conduct an investigation once an obligor has been identified to be in default.

 

•         Rule 5101:12-55-03.3, "Administrative mistake of fact hearing process," describes the administrative mistake of fact hearing process for when an obligor who has been found to be in default.

 

•         Rule 5101:12-55-03.4, "Final and enforceable determination of default," describes when a final and enforceable determination of default exists.

 

 

 

 

•         Rule 5101:12-55-10, "Financial institution data match program," describes the financial institution data match (FIDM) program, including FIDM definitions, account information access agreements, financial institution rights and responsibilities, and the FIDM procedures that the CSEA is required to follow.

•         Rule 5101:12-55-10.1, "Investigation of an account, imposing an access restriction, and releasing an access restriction," describes the procedures that the CSEA is required to follow when it investigates an account, imposes an access restriction, or releases an access restriction.

•         Rule 5101:12-55-10.2, "Administrative and court hearings for ownership interest in an account," describes the administrative hearing procedures that the CSEA is required to follow as well as the court process when the joint account owner requests an administrative or court hearing.

•         Rule 5101:12-55-10.3, "Issuing a withdrawal directive," describes the procedures that the CSEA is required to follow when it issues a withdrawal directive to a financial institution.

•         Rule 5101:12-55-20.1, "Lien levy and execution," describes the process that the CSEA shall use when it decides to execute on a lien on personal or real property of an obligor that has been asserted by the CSEA in accordance with rule 5101:12-55-20 of the Administrative Code.

•         Rule 5101:12-55-25, "License suspension," describes when a CSEA may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license.

•         Rule 5101:12-55-25.1, "License reinstatement," describes the process and required criteria a CSEA shall use to reinstate a professional, recreational, or driver's license that has been suspended.

•         Rule 5101:12-55-25.2, "Driver's license abstract," describes the process and criterion a CSEA shall use to direct the registrar of motor vehicles to eliminate from the abstract maintained by the bureau of motor vehicles (BMV) any reference of a previous license suspension.

•         Rule 5101:12-55-26, "Suspension and reinstatement of license to practice law," describes when a CSEA may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.

•         Rule 5101:12-55-30, "State lottery prize award intercept," describes the process used by a CSEA to issue an intercept directive to the Ohio Lottery Commission to transmit an amount from the proceeds of a specified lottery prize award to OCS, when the prize winner is an obligor who is subject to a final and enforceable determination of default.

•         Rule 5101:12-55-40, "Insurance Claim Intercept," describes the process the CSEA will follow upon notification of an insurance claim match.

•         Rule 5101:12-60-50.1, "Administrative termination investigation, findings and recommendations, and impounding support," describes the process that the CSEA shall follow to complete an administrative termination investigation, issuing findings and recommendations as a result of that investigation, and the process for impounding support; and provides a formula for calculating the cash medical support when the CSEA terminates a child from an order and determines that there are other minor children subject to the child support order. Other changes from the existing rule include: updating the title of JFS 04047 and JFS 07521.

OCS has proposed to adopt the following rule to consolidate the effective dates of forms within Chapter 5101:12-55 of the Administrative Code to eliminate amending rules when forms are revised:

•         Rule 5101:12-55-99, "Chapter 5101:12-55 forms - enforcement of the support order based on finding of default," contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-55 of the Administrative Code.

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 copies 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 and Acquisition Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at [e-mail].