5101:12-55-10 Financial institution data match program.

 

 

 

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

5101:12-55-10

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Financial institution data match program.

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: 3121.78, 3125.25

5.  Statute(s) the rule, as filed, amplifies or implements: 3121.74, 3121.75, 3121.77, 3121.78, 3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 3123.36, 3123.37, 3123.38

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

This rule is being proposed to replace rule 5101:1-30-14 as part of the Office of Child Support rule reoganization, which involves reviewing each child support rule in Chapter 5101:1 and transitioning it to Chapter 5101:12.

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 describes the process by which a Child Support Enforcement Agency (CSEA) can withdraw funds from an obligor's financial institution account when that obligor is in default of a support order. Changes to the new rule include: formatting changes; added reference to the state-to-state FIDM match program in paragraphs (B)(1) and (C)(6); clarified that if a CSEA determines that funds in an account represent Supplemental Security Income (SSI) payments, that portion of the account that represents SSI may not be used to enforce a support order using the FIDM program; clarified that if a CSEA determines that a legal restriction exists on the account that prevents the obligor from withdrawing the funds, that portion of the account that is legally restricted may not be used to enforce a support order using the FIDM program; clarified that the FIDM program is based on matches obtained from the federal offset list; referenced the JFS 04054, "Notice of Determination on Amount of Ownership"; and removed the information regarding the allocation of funds because that information is described in rule 5101:12-80-10 of the Administrative Code.

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 the Ohio Revised Code (ORC). This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

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 because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(3).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

This rule incorporates one or more references to OMB form 0970-0085. This question is not applicable to those references in this rule because such references are exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(B)(2).

This rule incorporates one or more dated references to a federal act or acts. This question is not applicable to any dated incorporation by reference to a federal act because such reference is exempt from compliance with ORC 121.71 to 121.74 in accordance with ORC 121.75(C).

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:

This rule is being revise filed to remove paragraph (H)(2) as it contains the same language as paragraph (H)(1). As a result of the removal of paragraph (H)(2), the paragraph originally numbered (H)(3) becomes (H)(2).

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 have no impact on revenues or expenditures.

$0

This proposed rule will not change the agency's projected budget during the current biennium.

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

Not Applicable.

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.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

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