The rules have been reviewed in accordance with section 106.031 of
the Revised Code (ORC), which requires the review of all state agency rules within
a five-year period, and to comply with SB 70 of the 132nd General Assembly.
The Office of Child Support (OCS) has rescinded
the following rules:
| Rescinded Rule |
Rescinded
Rule Title
|
Prior
Effective Date of Rule
|
Effective
Date of Rescission
|
|
5101:12‑60‑05.3
|
The administrative review
|
11/1/2015
|
2/11/2019
|
This rule describes the responsibilities of the child
support enforcement agency (CSEA) when conducting the administrative review.
This rule has been rescinded and replaced by a new rule with the same rule
number and title because more than fifty percent of this rule has been
stricken and a comparable amount of new text has been added. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03. |
| 5101:12‑60‑05.5 |
Notice of hearing rights
|
3/1/2009
|
2/11/2019
|
This rule describes the hearing rights of the
parties. This rule has been rescinded
and replaced by a new rule with the same rule number and title because the
rule had to be reformatted due to the removal of a paragraph. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03. |
OCS has adopted the following rules:
|
Adopted Rule
|
Adopted Rule Title
|
Effective Date of Adopted Rule
|
|
5101:12‑60‑05.3
|
The
administrative review
|
2/11/2019
|
This rule describes the
responsibilities of the CSEA when conducting the administrative review. The rule replaces rescinded OAC rule
5101:12‑60‑05.3. Changes from the
rescinded rule include: - replaced
"party" with "parent";
- added language
to issue the JFS 00592 and JFS 00593;
- changed the
review schedule date to 30 days to comply with amended ORC section 3119.60;
- added language
to paragraphs (E)(1) and (E)(2) to comply with amended section 3121.29 of the
Revised Code; and
- added language
to specify when a parent fails to provide the requested information, the CSEA
may seek a court order or make reasonable assumptions to comply with amended ORC
section 3119.72.
This
rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60,
3119.61, 3119.63, and 3125.03. |
|
5101:12‑60‑05.5
|
Notice
of hearing rights
|
2/11/2019
|
This rule describes the
hearing rights of the parties. The
rule replaces rescinded OAC rule 5101:12‑60‑05.5. Changes from the rescinded rule include:
renumbered paragraphs; amended the
introductory paragraph to comply with amended ORC sections 3119.61 and 3119.63;
and removed language that is not needed in accordance with ORC section
3121.29. This rule is authorized by
ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63,
and 3125.03. |
OCS has amended the following rules:
|
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
|
5101:12‑60‑05.2
|
Initiation
of temporary adjustment for certain military members
|
11/1/2015
|
2/11/2019
|
|
| This
rule describes the process for certain military members called to active duty
to request an administrative review.
This rule has been amended to replace “must” with “shall.” This rule is authorized by
ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, 3119.77,
3119.771, 3119.772, 3119.773, and 3125.03. |
|
5101:12‑60‑05.6
|
CSEA administrative
adjustment hearing process
|
11/1/2015
|
2/11/2019
|
This rule describes the
administrative adjustment hearing process.
The rule has been amended to comply with amended ORC sections 3119.61
and 3119.63, which include: - replaced
"regular mail" with "ordinary mail";
- revised
paragraph (J) to clarify the requirements for the hearing process;
- added paragraph
(K) to describe the reasons for a deviation on the ordered payment on
arrears;
- updated the
objection period from 15 to 14 days; and
- updated the forms
effective date language.
This rule is authorized by
ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63,
and 3125.03. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded rule will be moved from the CSPM to the
OAC Archive section of the eManuals.
- An adopted rule will be inserted
- An amended rule will be inserted and the previous
version will be moved to the OAC Archive section of the eManuals.
The rules and forms in the CSPM can be accessed at:
http://emanuals.jfs.ohio.gov/
Forms can also be accessed on the ODJFS Forms Central InnerWeb page
at:
http://www.odjfs.state.oh.us/forms/inner.asp
or on the ODJFS Forms Central Internet page at:
http://www.odjfs.state.oh.us/forms/inter.asp
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.