5101:12-50-19 Investigation of obligor's source of income or status of account.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:                                   May 24, 2005

TIME:                                      10:00 A.M.

LOCATION:                         Room 1823 Rhodes Office Tower 30 E. Broad St., Columbus, Ohio

 

 

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

 

Rule 5101:1-29-34.2 entitled Reporting Obligor Default to Consumer  Reporting Agencies (CRAs) and Periodic Review is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rule 5101:12-55-15.

 

Rule 5101:12-55-15 entitled Reporting an Obligor to a Consumer Reporting Agency (CRA) is being proposed fo r adoption to comply with the five year review and as part of the OCS rule reorganization. This rule stipulates that if a final and enforceable determination has been made that an obligor is in default under a support order, the obligor's default will be reported to at least one credit reporting agency. It replaces former rule 5101:1-29-34.2.

 

Rule 5101:1-30-12 entitled New Hire is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rules 5101:12-10-90, 5101:12-10-90.1, 5101:12-10-90.2 and 5101:12-10-90.3.

 

Rule 5101:12-10-90 entitled New Hire Report ing Program is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule consolidates into a single rule the definitions for "independent contractor," "employer," "employee," and "professionally licensed person" as revised or created by House Bill 200, and amended language regarding use of new hire reports. It replaces part of former rule 5101:1-30-12.

 

Rule 5101:12-10-90.1 entitled Employer Responsibilities is being proposed for adoption to comp ly with the five year review and as part of the OCS rule reorganization. This rule consolidates employer responsibilities into a single rule including revisions pursuant to House Bill 200.  It replaces part of former rule 5101:1-30-12.

 

Rule 5101:12-10-90.2 entitled New Hire Directory of Employees is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule consolidates the requirements surrounding the new hire directory of employees

 

 

 

 

 

 

 

into a single rule including revisions pursuant to House Bill 200. It replaces part of former rule 5101:1-30-12.

Rule 5101:12-10-90.3 entitled New Hire Directory of Independent Contractors is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule establishes the requirements surrounding the new hire directory of independent contractors created pursuant to House Bill 200, including a description of ODJFS and CSEA responsibilities.  It replaces part of former rule 5101:1-30-12.

Rule 5101:1-30-18 entitled Administrative Subpoenas is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rule 5101:12-30-05.

Rule 5101:12-30-05 entitled Administrative Subpoenas is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule describes the powers by which the Ohio Department of Job and Family Services (ODJFS) and the child support enforcement agencies (CSEAs) may investigate support cases.  This

rule contains

al nguage that more clearly defines the roles of ODJFS and the CSEAs,

language mandating recordkeeping of investigations by the CSEAs, and information regarding fees for witnesses for attendance and travel. It replaces former rule 5101:1-30- 18.

Rule 5101:1-30-19 entitled Service of Process for Establishing and Enforcing Support Obligations and 5101:1-30-40.2 entitled Timeframe for Establishing a Support Order are being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization.  They will be replaced with rule 5101:12-30-10.

Rule 5101:12-30-10 entitled Service of Process is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule includes statutory language regarding specific steps a CSEA is to take to ensure service of process is accomplished. Requirements that the parties to the action shall notify the CSEA of changes in information has been deleted from the rule and are addressed in proposed rule 5101:12-45-05, "Support order establishment process."  This rule references waivers of service of process that CSEAs are to obtain when formal service has been unsuccessful. The proposed waivers will be available to CSEAs when necessary.  It replaces former rules 5101:1-30-19 and 5101:1-30-40.2.

Rule 5101:1-30-40 entitled State Guidelines for Child Support Awards  and 5101:1-30-

40.3 entitled Review and Adjustment of IV-D Court and Administrative Child Support Orders, and 5101:1-30-40.4 entitled CSEA Administrative Review and Adjustment Hearing Procedure are being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization.  They will be replaced with rules 5101:12-45-10, 5101:12-60-05, 5101:12-60-05.1, 5101:12-60-05.2, 5101:12-60-05.3, 5101:12-60-05.4, 5101:12-60-05.5, and 5101:12-60-05.6.

Rule 5101:12-45-10 entitled Calculation of the Support Obligation is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. Significant changes to the rule include the requirement that a party desiring a deviation must file for such deviation with the court; the inclusion of criteria for imputing income; and the addition of consideration of health insurance costs.  It replaces part of former rules 5101:1-30-40.

Rule 5101:12-60-05 entitled Administrative Review and Adjustment Process is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule outlines the procedures for the periodic administrative review and adjustment of Title IV-D child support orders. It replaces part of former rules 5101:1-30-40.3 and 5101:1-30-40.4.

Rule 5101:12-60-05.1 entitled Initiation of an Administrative Review is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule explains that either party to request an administrative review in less than thirty-six months when there has been a change in the cost of child care, as well as health insurance, if it would result in a change to the support obligation of more than ten percent.  It replaces part of former rules 5101:1-30-40.4.

Rule 5101:12-60-05.2 entitled Initiation of Temporary Adjustment for Certain Military Members is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule allows the obligee or CSEA to initiate the termination of the temporary support order if the obligor fails to notify the CSEA that the term of active military service has ended.  This rule contains all new information.

Rule 5101:12-60-05.3 entitled The Administrative Review is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule clearly details when an administrative review must be conducted and exceptions to required administrative reviews.  It replaces part of former rules 5101:1-30-40.3 and 5101:1-30-40.4.

Rule 5101:12-60-05.4 entitled Calculation and Recommendation of a Revised Support Order is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule explains the process for a CSEA to calculate support and which forms shall be used.  It replaces part of former rules 5101:1-30-40.3 and 5101:1-30-40.4.

Rule 5101:12-60-05.5 entitled Hearing Rights is being proposed for adoption to comply with the five year revie w and as part of the OCS rule reorganization.  This rule discusses JFS 07724, "Administrative Adjustment Recommendations" and how the CSEA shall use it to give each party the opportunity to ask for a hearing.  It replaces part of former rules 5101:1-30-40.3 and 5101:1-30-40.4.

Rule 5101:12-60-05.6 entitled CSEA Administrative Adjustment Hearing Process is being proposed for adoption to comply with the five year review and as part of the OCS

rule reorganization.  This rule no longer refers to the "hearing officer" but, instead, refers to the "designee."  In paragraph (I) of this rule, the requirement for the CSEA to file requests for a court hearing has been removed.  Paragraph (K) has been added to clarify the parties' rights to court hearings. It replaces part of former rules 5101:1-30-40.4.

Rule 5101:1-30-41.1 entitled Methods of Enforcement and 5101:1-30-41.3 entitled Income Withholding Procedures are being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. They will be replaced with rules 5101:12-50-10, 5101:12-50-10.1, 5101:12-50-10.2, 5101:12-50-10.3,

5101:12-50-10.4, 5101:12-50-10.5, 5101:12-50-10.6, 5101:12-50-15, and 5101:12-50-17.

Rule 5101:12-50-05 entitled Techniques for the Enforcement of Support Orders is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule provides a list of those enforcement techniques which do not require a determination of default and indicates where they can be found in the OAC or ORC.  This rule contains all new information.

Rule5101:12-50-10 entitled Income Withholding or Income Deduction is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule removes references to the default procedures as they are contained in the proposed rule 5101:12-55-03 and its supplements; indicates that the use of the JFS 04047 is required and, as a result, removes information regarding what must be included in an income withholding or deduction notice; removes information regarding SETS functionality as that information is contained on the Innerweb; and removes information regarding what must be included in a support order as that is addressed in the proposed OAC rule 5101:12-45-05, "Support Order Establishment Process." It replaces part of former rules 5101:1-30-41.1 and 5101:1-30-41.3.

Rule 5101:12-50-10.1 entitled Income Which May Be Withheld or Deducted is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule lists income which may be withheld or deducted, income which may not be withheld or deducted, and provides the address for DFAS. It replaces part of former rules 5101:1-30-41.1 and 5101:1-30-41.3.

Rule 5101:12-50-10.2 entitled CSEA's Responsibility for Income Withholding and Income Deduction is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule lists the actions which require the issuance of a JFS 04047 and the timeframes surrounding its issuance based on those actions and lists CSEA's responsibilities regarding the issuance of the JFS 04047. It replaces part of former rules 5101:1-30-41.3.

Rule 5101:12-50-10.3 entitled Payor's Responsibilities for Income Withholding is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule specifies the payor's responsibilities for income withholding that impacts the CSEA, removes any payor responsibility that did not impact the CSEA, and removes most references of the lump sum requirements as they are contained in the

OAC rule 5101:12-50-15, "Lump sum payments." It replaces part of former rules 5101:1-30-49.

Rule 5101:12-50-10.4 entitled Financial Institution's Responsibilities for Income Deduction is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule specifies the financial institution's responsibilities for income deduction that impacts the CSEA. It replaces part of former rules 5101:1-30-41.1 and 5101:1-30-41.3.

Rule 5101:12-50-10.5 entitled Enforcement of Income Withholding and Income Deduction Notices is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule specifies methods of enforcement for income withholding and income deduction notices and includes information from ORC section 3121.38.2 that resulted from HB 493) regarding an employer's willful failure to comply with an income withholding notice. It replaces part of former rules 5101:1-30-41.3.

Rule5101:12-50-10.6 entitled Obligor and Obligee's Responsibilities Under an Income Withholding or Income Deduction Notice is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule specifies the obligor and obligee's responsibilities that are contained in a JFS 04048. It replaces part of former rules 5101:1-30-41.3.

Rule 5101:12-50-15 entitled Cash Bonds is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule describes circumstances under which a court may order an obligor to post a cash bond and specifies that a CSEA may not order a cash bond.  It replaces part of former rules 5101:1-30-41.1.

Rule5101:12-50-17 entitled Seek Work Orders is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule specifies the requirements for either the court or the CSEA to issue a seek work order and specifies that a seek work order must mirror the requirements of an OWF self-sufficiency contract if the obligor is receiving OWF.  It replaces part of former rules 5101:1-30-41.1.

Rule 5101:1-30-41.6 entitled Investigations and Mistake of Fact Hearings is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization.  It will be replaced with rule 5101:12-50-19.

Rule 5101:12-50-19 entitled Investigation of Obligor's Source of Income or Status of Account is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule : removes the reference to investigations conducted pursuant to ORC sections 3119.80 and 3119.81 of the Revised Code as they will be described in proposed rule 5101:12-50-10 "Income Withhold ing" and its supplemental rules; removes reference to the investigation conducted pursuant to ORC section 3123.02 as it will be described in proposed rule 5101:12-55-03, "Default;" and removes reference to the investigation conducted pursuant to ORC section 3119.89 as it

is described in the existing rule 5101:1-30-61.3, "Termination of support." It replaces former rule 5101:1-30-41.6.

Rule 5101:1-30-42.8 entitled Enforcement of the Support Order is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rules 5101:12-55-03, 5101:12-55-03.1, 5101:12- 55-03.2, 5101:12-55-03.3, 5101:12-55-03.4 and 5101:12-50-90.

Rule 5101:12-55-03 entitled Default is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule indicates that the default process affects both IV-D and Non-IV-D cases; provides a list of enforcement actions that may only be taken when there is a final and enforceable determination of default, and removes references to specific SETS functionality. It replaces former rule 5101:1-30-42.8.

Rule 5101:12-55-03.1 entitled Identification of Default and Notice of Default is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule: includes a statement that the CSEA may re-send a JFS 04049; requires that the JFS 04047 be issued upon identification of default; states that the JFS 04047 include a payment on arrears; and that the JFS 04047 not be altered or terminated if the obligor files a timely request for an administrative hearing. The rule also states that the CSEA may deny a request for an administrative mistake of fact hearing if it is not filed timely with the CSEA with administrative responsibility for the case. It replaces former rule 5101:1-30-42.8.

Rule 5101:12-55-03.2 entitled Default Investigation is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule: details what the default investigation must entail according to ORC section 3123.02; includes additional areas of investigation that the CSEA may undertake; states that the investigation of whether the obligor is in default and the amount of arrears must be completed before the JFS 04049 is issued; and states the actions required of a CSEA when it determines that the obligor is not in default. It replaces former rule 5101:1-30- 42.8.

Rule 5101:12-55-03.3 entitled Administrative Mistake of Fact Hearing Process is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule: remo ves details regarding the court mistake of fact process; provides details regarding what must be considered by the CSEA during the mistake of fact hearing and what the CSEA must do at its conclusion; and explains the requirement that the CSEA issue the results of the administrative mistake of fact hearing within five business days of the hearing.  It replaces former rule 5101:1-30-42.8.

Rule 5101:12-55-03.4 entitled Enforcement Actions Based on Final De fault Determination is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.   This rule specifies the actions required by ORC

3123.06 when a final and enforceable default determination is made. It replaces former rule 5101:1-30-42.8.

Rule 5101:12-50-90 entitled On- going Enforcement; Court-ordered Limitation of Enforcement is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule incorporates ORC section 3123.22 into the OAC.  It replaces former rule 5101:1-30-41.6.

Rule 5101:1-30-49 entitled Lump Sum Payments is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rule 5101:12-50-12.

Rule 5101:12-50-12 entitled Lump Sum Payments is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule clarifies that, in accordance with section 3121.11 of the Revised Code, the CSEA may notify the court of a lump sum payment of less than $150 when it is to be paid to an obligor who is subject to a court order, includes reference to the statutory liability of a payor who fails to provide the required notice regarding lump sum payments. It also contains specific reference to the JFS 07726, "Administrative Order for Transmittal of Lump Sum Payment," and the JFS 07051, "Notice to Court of CSEA Investigation Findings of Lump Sum Payment and Recommendations." It replaces former rule 5101:1- 30-49.

Rules 5101:1-30-50 entitled Services in Interstate-Uniform Interstate Family Support Act, 5101:1-30-50.1 entitled Other Procedural Matters, 5101:1-30-51 entitled Personal Jurisdiction (Long Arm Jurisdiction), 5101:1-30-52 entitled Interstate Paternity, 5101:1-

30-53  entitled  Proceeding  Involving  Two  or  More  States,  5101:1-30-54  entitled

Controlling Order, 5101:1-30-55 entitled Registration of Orders, 5101:1-30-56 entitled Ohio Interstate Central Registry and Child Support Enforcement Network (CSENet), 5101:1-30-57 entitled Mandated Forms, 5101:1-30-58.2 entitled Direct Enforcement of Support Orders, 5101:1-30-58.6 entitled Pleadings and Other Documents, and 5101:1-30-

58.8 entitled New Evidentiary and Procedural Rules are being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. They will be replaced with rules 5101:12-70-05, 5101:12-70-05.1, 5101:12-70-05.2, 5101:12-70-05.3, 5101:12-70-05.4, 5101:12-70-05.5, 5101:12-70-05.6, 5101:12-70-10, 5101:12-70-15, and 5101:12-70-20.

Rule 5101:12-70-05 entitled Scope of Rule and Definitions for Interstate Case Processing is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rules has been extensively reorganized for clarity and contains definitions of terms used in interstate cases. It replaces former rule 5101:1-30- 50.

Rule 5101:12-70-05.1 entitled Requirements for Initiating and Respond ing CSEAs in Interstate Cases is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.   This rule has been extensively reorganized for

clarity and specifies time frames for initiating and responding CSEAs. It replaces parts of former rule 5101:1-30-53.

Rule 5101:12-70-05.2 entitled Establishment of Paternity in Interstate Cases is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity and specifies requirements for CSEAs in the establishment of paternity. It replaces parts of former rules 5101:1-30-51, 5101:1-30-52, and 5101:1-30-53.

Rule 5101:12-70-05.3 entitled Establishment of Support in Interstate Cases is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity. It replaces part of former rule s 5101:1-30-51 and 5101:1-30-53.

Rule 5101:12-70-05.4 entitled Determining the Controlling Order is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity and explains CSEA responsibilities in the determination of controlling orders.  It replaces part of former rule 5101:1-30-54.

Rule 5101:12-70-05.5 entitled Enforcement of Support Orders in Interstate Cases is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity. It replaces part of former rule 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-55, and 5101:1-30-58.2.

Rule 5101:12-70-05.6 entitled Modification of Controlling Orders in Interstate Cases is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity and describes the establishment, enforcement, and modification of support in interstate cases.  It replaces part of former rule 5101:1-30-53 and 5101:1-30-55

Rule 5101:12-70-10 entitled Forms for Interstate Case Processing is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity and lists the mandatory interstate forms and requirements for their use in various interstate procedures. It replaces part of former rule 5101:1-30-57.

Rule 5101:12-70-15 entitled The Role and Responsibilities of the Interstate Central Registry is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively reorganized for clarity and explains the role and responsibilities of the Interstate Central Registry. It replaces part of former rule 5101:1-30-56.

Rule 5101:12-70-20 entitled The Child Support Enforcement Network is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule has been extensively reorganized for clarity and explains the

CSEAs shall use the Child Support Enforcement Network (CSENet) for the processing of interstate cases.  It replaces part of former rule 5101:1-30-56.

Rule 5101:1-30-87 entitled Liens Against Re al and Personal Property is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization.  It will be replaced with rule 5101:12-55-20.

Rule 5101:12-55-20 entitled Liens Against Real and Personal Property is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule corrects Ohio Revised Codes cited in the rule and a statement regarding the priority of a lien filed by a CSEA has been included. It replaces former rule 5101:1-30-87.

Rule 5101:1-32-02 entitled CSEA Paternity Process is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with  rules 5101:12-40-10, 5101:12-40-15, 5101:12-40-17, 5101:12-40-

20, 5101:12-40-20.1, 5101:12-40-20.2, and 5101:12-40-20.3.

Rule 5101:12-40-10 entitled P resumption of Paternity is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule includes information regarding presumption of paternity, including  artificial insemination. In addition, language concerning rights of an unmarried female who gives birth to a child has been deleted as it is a legal issue which is outside the purview of the CSEA. It replaces part of  former rule 5101:1-32-02.

Rule 5101:12-40-15 entitled Acknowledgement of Paternity is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. The definition of Central Paternity Registry (CPR) has been deleted as it is incorporated in the text. It replaces part of former rule 5101:1-32-02.

Rule 5101:12-40-17 entitled Rescinding an Acknowledgement of Paternity is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule is virtually the same as the rule it replaces. It replaces part of former rule 5101:1-32-02.

Rule 5101:12-40-20 entitled Administrative Paternity Establishment is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. Information regarding maintenance of the record of proceedings has been deleted as records retention is addressed in 5101:1-29-05 and cooperation requirements of a public assistance recipient have been deleted as it is contained in OAC rule 5101:12- 10-31.1.  It replaces part of former rule 5101:1-32-02.

Rule 5101:12-40-20.1 entitled Scheduling and Conducting Genetic Tes ts is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. In this rule, specific information requested on the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests," has been

deleted as the use of the JFS 07754 is now required. Service of process guidelines have been deleted as they are addressed in OAC rule 5101:12-30-10. It replaces part of former rule 5101:1-32-02.

Rule 5101:12-40-20.2 entitled Administrative Paternity Orders is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule notes the required use of the JFS 07774, "CSEA Administrative Order - Establishment of Paternity." The service of process guidelines have been deleted as they are addressed in OAC rule 5101:12-30-10.  It replaces part of former rule 5101:1-32-02.

Rule 5101:12-40-20.3 entitled Modifying the Birth Certificate is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule is virtually the same as the rule it replaces. It repla ces part of former rule 5101:1-32-02.

Rule 5101:1-32-03 entitled Administrative Support Order Process is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization. It will be replaced with rules 5101:12-45-05, 5101:12-45-05.1, 5101:12- 45-05.2, 5101:12-45-05.3, and 5101:12-45-05.4

Rule 5101:12-45-05 entitled Support Order Establishment Process is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively modified for clarity and has been reorganized and provides an explanation of the term "parent" and his or her duty of support and who may request the CSEA to establish an order for child support and the provision of health care for the child. This rule also specifies when an administrative support hearing may be scheduled. It replaces part of former rule 5101:1-32-03.

Rule 5101:12-45-05.1 entitled Scheduling the Administrative Support Hearing is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively modified for clarity and has been reorganized. This rule also specifies the use of the JFS 7782, "Notice of Administrative Hearing to Establish a Support Order." It replaces part of former rule 5101:1-32-03.

Rule 5101:12-45-05.2 entitled Conduct ing the Administrative Support Hearing is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively modified for clarity and has been reorganized. This rule also eliminates redundancies regarding the CSEA's responsibility when one of the parties raises the issue of paternity during the administrative support hearing.  It replaces part of former rule 5101:1-32-03.

Rule 5101:12-45-05.3 entitled Administrative Support Order is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively modified for clarity and has been reorganized. This rule also indicates language required to be included in the administrative support order. It replaces part of former rule 5101:1-32-03.

Rule 5101:12-45-05.4 entitled Objecting to the Administrative Support Order is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization. This rule has been extensively modified for clarity and has been reorganized.  It replaces part of former rule 5101:1-32-03.

Rule 5101:1-32-04 entitled Parent's Responsibility for Support of Unmarried Minor's Child(ren) is being proposed for rescission due to compliance with the five year review and as part of the OCS rule reorganization.  It will be replaced with 5101:12-45-15.

Rule 5101:12-45-15 entitled Grandparents' Re quest for Support of Grandchildren is being proposed for adoption to comply with the five year review and as part of the OCS rule reorganization.  This rule clarifies the grandparents' responsibility for support of the unemancipated minors' child(ren) and the CSEA's responsibility for determining whether a parent and child relationship exists and issuing a support order.  The rule also states that when an administrative support order is issued for the payment of support for the unemancipated minors' child, the support order must include the notice language.  It replaces former rule 5101:1-32-04.

Copies of the proposed rules are available, without charge, to any person affected by them 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 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].