(A)In accordance
with "Internal Revenue Service (IRS) Publication 1075" (rev. 9/201611/2021), the
office of child support (OCS) is required to conduct a federal tax information
(FTI) safeguarding visit (hereafter "visit") with each agency that
has access to FTI that is related to the child support program. The purpose of
the visit is to ensure that adequate FTI safeguards and security measures are
maintained by the agency.
(1)OCS shall
establish a schedule for each child support enforcement agency (CSEA) with
access to FTI, at the direction of OCS, to either participate in a visit or
complete a safeguarding self inspection at least once every three years.
(2)OCS shall
complete a visit at least once every eighteen months for internal headquarters
and facilities housing FTI.
(B)OCS
notification of the visit.
(1)When the agency
is a CSEA, OCS will notify the director or administrator and tax offset
coordinator of the date and time of the visit.
(2)When the agency
is not a CSEA, OCS will notify the appropriate agency point of contact of the
date and time of the visit.
(C)Visit
procedures.
(1)Fifteen
business days prior to the visit, OCS will send a JFS 07729, "FTI
Safeguarding Workbook" (effective or revised effective date as identified
in rule 5101:12-1-99 of the Administrative Code.)
(2)The agency
shall complete and return the JFS 07729 to OCS no later than five business days
prior to the visit.
(3)OCS may perform
any or all of the following activities during the visit:
(a)Select a random
sample of cases to review.
(b)Review and
discuss the completed JFS 07729.
(c)Review and
discuss the permanent FTI tracking log.
(d)Complete a
physical walk-through of the building or buildings that have access to SETS
and/or FTI. This could include, but is not limited to;
(i)Offsite
storage;
(ii)Satellite
offices;
(iii)Home offices;
(iv)(iii)Prosecutors offices; and
(v)(iv)Courts.
(D)Visit follow up
procedures for an agency.
(1)OCS shall send,
within fifteen business days from the date of the visit, to the agency an
initial JFS 07729 identifying specific vulnerabilities discovered during the
visit. OCS will identify potential remedies for each vulnerability.
(2)When the
initial JFS 07729 identifies vulnerabilities, the agency shall send to OCS a
written response that describes the actions the agency shall take to remedy the
vulnerabilities, including a timeline for completing the actions. The agency
shall send the written response to OCS no later than thirty days after the
receipt of the initial JFS 07729 from OCS.
(3)OCS shall
respond by issuing the JFS 07729 as interim when the remedy(s) to a
vulnerability(s) are pending completion by the CSEA. OCS may also request
additional information from the agency.
(4)OCS shall
respond to the agency's written response described in paragraph (D)(2) of this
rule, indicating whether the actions proposed to remedy any vulnerabilities
meet the IRS safeguarding regulations as described in the IRS publication 1075.
OCS shall send the final JFS 07729 once all the vulnerabilities have been
closed.
(E)In accordance
with IRS publication 1075, OCS may require that the agency complete an FTI
self-inspection of each location as described in paragraph (C)(3)(d) of this
rule, that has access to FTI. The purpose of the self-inspection is to ensure
that adequate FTI safeguards and security measures are maintained by the
agency.
(1)Self-inspection
procedures.
(a)OCS will notify
the CSEA director, administrator, tax offset coordinator or agency point of
contact as to the month in which the agency is required to complete a
self-inspection.
(b)OCS will send a
JFS 07729 ten days prior to the beginning of the month in which the
self-inspection is scheduled.
(c)The agency
shall complete the JFS 07729 and return the completed JFS 07729 to OCS by the
last day of the self-inspection month.
(2)Self-inspection
follow-up procedures.
(a)Within fifteen
days of receipt of the completed JFS 07729, OCS shall notify the agency as to
whether additional information is required. Should additional information be
required, the agency shall submit the additional information within fifteen
days of the request for information to OCS. If no additional information is
required, OCS shall notify the agency that the JFS 07729 has been accepted.
(b)Should the CSEA
fail to return the JFS 07729 or respond to a request for additional information
within the required timeframe, OCS reserves the right to conduct an on-site
visit in accordance with rule 5101:12-1-22.1 of the Administrative Code.
(F)An agency shall
comply with the following reporting requirements, in accordance with the FTI
incident response and incident reporting standards described in IRS publication
1075 for unauthorized access to or inspection of FTI, including but not limited
to:
(1)Training all
staff in FTI incident response procedures.
(2)Routinely
tracking and documenting FTI security incidents.
(3)Promptly
reporting any unauthorized inspection and disclosure or use of FTI to the appropriate
authority, as described in the IRS publication 1075.
Effective: 11/1/2022
Five Year Review (FYR) Dates: 8/1/2022 and 11/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 10/20/2022
Promulgated Under: 119.03
Statutory Authority: 3125.08, 3125.25, 3125.51
Rule Amplifies: 3125.03, 3125.08, 3125.43, 3125.50
Prior Effective Dates: 08/01/1982, 12/16/1989, 10/01/1990,
04/01/1991, 01/01/1992, 02/11/1993, 09/01/1994, 06/02/2001, 07/01/2002,
01/01/2006, 06/15/2006, 03/01/2012, 04/01/2018