5101:12-60-70.1 Negotiation for a waiver or compromise of permanently assigned arrears.  

  • Text Box: ACTION: Original Text Box: DATE: 09/27/2016 9:29 AM

     

     

    PUBLIC HEARING NOTICE

    OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

     

    DATE: 10/31/2016 TIME: 10:00 AM

    LOCATION: Room 3110B, 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 amendment, rescission 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 rescission as result of a review conducted as part of the five year rule review.

     

    ·         5101:12-60-70, "Waiver and Compromise of Permanently Assigned Arrears" (R), contains definitions for terms specific to this rule and its supplemental rules. This rule is being rescinded and replaced by one new rule.

     

    ·         5101:12-60-70.1, "Negotiation for a Waiver of Compromise of Permanently Assigned Arrears" (R), describes the process for an obligor to submit a request to a child support enforcement agency (CSEA), it also describes what actions the CSEA must take when negotiating for a waiver or compromise of permanently assigned arrears. This rule is being rescinded and replaced by one rule.

     

    ·         5101:12-60-70.2, "Agreed Entry for a Waiver of Compromise of Permanently Assigned Arrears" (R), describes the process a CSEA must use when filing an agreed entry for a waiver or compromise of permanently assigned arrears, it also describes the responsibilities of the CSEA to maintain written records of all actions taken on a case. This rule is being rescinded and replaced by one rule.

     

     

     

    The following new rules are being proposed to replace rescinded rules:

     

    ·       5101:12-60-70, "Reduction of Permanently Assigned Arrears" (RN), contains definitions for terms specific to this rule and the supplemental rules. Changes from the rescinded rule include removing paragraphs (C), (D), (E) and (F) to other rules with in this Chapter and addition of new definitions.

     

    ·       5101:12-60-70.1, "Procedures for a Reduction of Permanently Assigned Arrears" (RN), describes the procedure when a CSEA elects to establish a procedure for a reduction of permanently assigned arrears. Changes from the rescinded rule include; giving a more detailed instruction on how the CSEA must establish their procedures for implementing a program for a reduction of permanently assigned arrears, adding requirements that a CSEA must provide when electing to use a family support program, and pre approval is required, as part of their procedures and clarifying the lifetime maximum amount a CSEA can reduce from permanently assigned arrears locally.

     

    ·       5101:12-60-70.2, "Process for a Reduction of Permanently Assigned Arrears" (RN), describes the negotiation process between the CSEA and the obligor when requesting a reduction of permanently assigned arrears. The rule outlines the responsibilities of the obligor, CSEA and OCS. Changes from the rescinded rule include a detailed process for a CSEA when they are negotiating for a reduction of permanently assigned arrears.

     

     

     

     

     

     

     

    ·       5101:12-60-70.3, "Agreed Entry for a Reduction of Permanently Assigned Arrears" (N), describes the agreed entry process for the CSEA once a request for a reduction of permanently assigned arrears is approved, either locally by a CSEA or OCS. This information was previously found in 5101:12-60-70.2.

    ·       5101:12-60-70.4, "Reporting Requirements for a Reduction of Permanently Assigned Arrears" (N), describes the reporting requirements the CSEA must maintain when tracking all requests and agreements for a reduction of permanently assigned arrears.

    OCS has proposed to adopt the following rule to consolidate the effective dates of forms within Chapter 5101:12-60 of the Administrative Code to eliminate amending rules when forms are revised:

    ·         5101:12-60-99 "Chapter 5101:12-60 Forms - Order Administration." This rule contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-60 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 (614) 752-8298, or by e- mail at rules@jfs.ohio.gov.