5101:12-55-30 State lottery prize award intercept.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE: July 3, 2007

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, which requires the review of all state agency rules within a five-year period:

 

·         Rule 5101:12-50-12, "Lump sum payments," describes the process used by the Child Support Enforcement Agency (CSEA) to attach a lump sum payment. 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 5101:12-80-15.1, "Notice of collection of assigned support," describes the contents of the JFS 07638, "Notice of Collections of Assigned Support," and identifies when the form must issue to a current or former Ohio Works First (OWF) recipient.  This rule is being replaced by rule 5101:12-80-14.2.

 

 

The following OAC rules are being proposed for adoption 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 5101:12-50-12, "Lump sum payments," describes the process used by the CSEA when notified that an obligor is eligible to receive a lump sum payment.  Changes from the rescinded rule include:  clarified that the lump sum payment process described in the rule was to be used when the obligor is subject to income withholding; modified the sentence following the definition of "cash out of vacation pay" because the payor is responsible for identifying the lump sum; specified that, when the obligor's arrears are a result of the discrepancy between the monthly obligation and a non- monthly withholding cycle, the CSEA shall not consider the obligor as having arrears for the purpose of intercepting a lump sum; specified that the CSEA may take enforcement action when notified of a lump sum of less than $150; removed information regarding division (D) of ORC section 3121.12 because the provision applies solely to the payor; and added information regarding ORC section 3121.0311 to inform the CSEAs that, for a workers' compensation claim filed on or after 6/30/2006, attorney's fees shall be deducted prior to the Bureau of Workers' Compensation notifying a CSEA of the claim.

 

·         Rule 5101:12-80-14.2, "Notice of support payments," describes when the JFS 07638, "Notice of Support Collections," must be issued to a current or former OWF recipient.

 

 

 

Changes from the rescinded rule include: removed the list identifying the contents of the form because the language is not necessary and clarified that the form shall not be issued when the assignment is no longer in effect and there were no assigned arrears during any portion of the month.

The following OAC rule is being proposed for adoption in order to comply with Sections 3123.89 and 3770.071 of the Revised Code, as adopted under Am. Sub. HB 122, 126th GA.

·         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 (OLC) to transmit an amount from the proceeds of a specified lottery prize award to the Office of Child Support (OCS), when the prize winner is an obligor who is subject to a final and enforceable determination of default.

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].