CSPMTL 102 (Rule Review - New Hire and Records Retention Rules)
Child Support Program Manual Transmittal Letter No. 102
August 17, 2015
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Rule Review - New Hire and Records Retention Rules

The rules have been reviewed in accordance with section 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

The Office of Child Support (OCS) has proposed the following rule with no changes. The effective date of the "no change" rules will remain the same as the existing rule.

RuleRule TitleEffective Date
5101:12‑10‑90.1Employer responsibilities5/1/2014
This rule describes the responsibilities of an employer to submit a new hire report to the Ohio Department of Job and Family Services. The rule also lists the required data and the process of submitting the data; and identifies an employer's liability for failing to submit a new hire report.
This rule is authorized under ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.891, 3121.892, 3121.893, 3121.8910, and 3125.03.

OCS has revised the following rules:

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑1‑25Record retention, disposal, and destruction of fiscal, statistical, and administrative records7/1/20109/1/2015
This rule describes the retention and destruction of all records that relate to the child support program. Revised the effective dates of the Code of the Federal Regulations (CFR).
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 9.01, 149.38, and 3125.15.
5101:12‑10‑90New hire reporting program5/1/20149/1/2015
This rule identifies the federal law that requires Ohio to administer a new hire reporting program; contains definitions used in this rule and the supplemental rules; specifies that new hire reports are not public records; and notes that the Ohio Department of Job and Family Services may provide copies of new hire reports to the Bureau of Workers Compensation.
Changes from the existing rule include: corrected the ORC reference in the supplemental information section under the "Rule Amplifies" line.
This rule is authorized by ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.89, 3121.899, and 3125.03.
5101:12‑10‑90.2New hire directory of employees3/1/20139/1/2015
This rule describes the process by which the Ohio department of job and family services (ODJFS) enters the information described in division (A)(1) of section 3121.89.2 of the Revised Code into the new hire directory of employees. Changes from the existing rule include: corrected the ORC reference in the supplemental information section under the "Rule Amplifies" line; and revised the language in paragraph (E) to be consistent with section 3121.898 of the Revised Code.
This rule is authorized under ORC sections 3121.8911and 3125.25, and amplifies ORC sections 3121.894, 3121.895, 3121.897, 3121.898 and 3125.03.
5101:12‑10‑90.3New hire directory of independent contractors9/1/20059/1/2015
This rule describes the actions the Ohio Department of Job and Family Services (ODJFS) takes upon receiving a new hire report regarding a contractor, including entering the information into the new hire directory, and comparing the social security number of the contractor with the social security numbers of obligors in the Support Enforcement Tracking System (SETS). The rule also states that ODJFS shall use information from the new hire report for support establishment and enforcement purposes. Changes from the existing rule include: corrected the ORC reference in the supplemental information section under the "Rule Amplifies" line.
This rule is authorized under ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.891, 3121.892, 3121.895, 3121.896, 3121.898 and 3125.03.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • A no change rule will continue with the same effective date.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.