5101:12-60-70 Waiver and compromise of permanently assigned arrears.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Child Support                                                      Nancy Van Kirk

Division                                                                  Contact

 

30 E Broad St 31st Floor ODJFS Office of Legal Services Columbus OH 43215-3414

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:12-60-70

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Request to waive or compromise arrears.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3125.25

5.  Statute(s) the rule, as filed, amplifies or implements: 3125.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being proposed in accordance with the authority granted to the states by the federal office of child support enforcement to waive or compromise permanently assigned arrears.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule provides definitions of terms that are used in this rule and its

supplemental rule; describes the limitations regarding waiving and compromising arrears; describes what the obligor must provide to the CSEA to initiate the request and other information the CSEA may request of the obligor; explains that, when the arrears are assigned to another state, the CSEA must obtain the other state's agreement to waive the assigned arrears; describes how the CSEA must react when it receives a court order to waive or compromise conditionally or never-assigned arrears; and states that the CSEA may not solicit requests or initiate actions to waive or compromise arrears.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code (OAC). This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(3).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not Applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues/ expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase revenues.

$0

By compromising permanently assigned arrears, the Office of Child Support expects to increase the collection of permanently assigned arrears, which may increase funds available to the Ohio Works First (OWF) maintenance of effort (MOE) program. The dollar amount cannot be determined at this time.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The agency estimates that there are no new costs associated with this rule for directly affected persons.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

                                                                                                                                             

Page B-1                                                                              Rule Number: 5101:12-60-70

Rule Summary and Fiscal Analysis (Part B)

1.  Does the Proposed rule have a fiscal effect on any of the following?

(a)  School Districts

(b)    Counties                                 (c) Townships           (d) Municipal

Corporations

No                                Yes                              No                                No

2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

A child support enforcement agency (CSEA) that elects to compromise permanently assigned arrears may receive more federal incentives as a result of additional collections of child support. The CSEA's expenditures may increase as a result of reviewing requests to waive or compromise arrears. The anticipated additional costs and incentives to the CSEA cannot be calculated at this time because it is not known how many CSEAs will be participating or how many requests to compromise or waive arrears each CSEA will receive.

3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

Not Applicable.

5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

Not able to determine.

Page B-2                                                                              Rule Number: 5101:12-60-70

(a)  Personnel Costs

Each CSEA may be affected differently depending on whether the CSEA elects to waive or compromise permanently assigned arrears and the number of requests to waive or compromise permanently assigned arrears and also based on the number of requests the CSEA elects to waive or compromise assigned arrears.

(b)  New Equipment or Other Capital Costs

Not Applicable.

(c)  Operating Costs

Each CSEA may be affected differently depending on whether the CSEA elects to waive or compromise permanently assigned arrears and the number of requests to waive or compromise permanently assigned arrears and also based on the number of requests the CSEA elects to waive or compromise assigned arrears.

(d)  Any Indirect Central Service Costs

Not Applicable.

(e)  Other Costs

Not Applicable.

6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

The additional costs will be absorbed by the federal financial participation (FFP) at a rate of 66 percent and by local funds at a rate of 34 percent.

7.  Please provide a statement on the proposed rule's impact on economic development.

Not Applicable.