The Office of Child Support (OCS) has rescinded,
adopted, and amended the following rules. The rules have been reviewed to
comply with SB 70 of the 132nd General Assembly.
OCS has rescinded the following rule:
Rescinded Rule
|
Rescinded Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Rescission
|
5101:12‑55‑10
|
Financial
Institution Data Match Program
|
02/01/2016
|
2/11/2019
|
This
rule describes the financial institution data match (FIDM) program, including
FIDM definitions, account information access agreements, financial institution
rights and responsibilities, and the FIDM procedures that the CSEA is required
to follow. The rule is being rescinded and replaced with the same rule number
and title because more than fifty percent of this rule is being stricken. The
provisions from paragraph (C) have been moved to amended rule 5101:12‑55‑10.1
of the Administrative Code (OAC); and the provisions from paragraph (D) have
been moved to amended OAC rule 5101:12‑55‑10.3.
|
OCS has adopted the following rule:
Adopted Rule
|
Adopted Rule Title
|
Effective Date of Adopted Rule
|
5101:12‑55‑10
|
Financial
Institution Data Match Program
|
2/11/2019
|
This rule lists the terms
and definitions that apply to this rule and its supplemental rules. Changes
from the rescinded rule include: moved the provisions from paragraph (C) to
amended OAC rule 5101:12‑55‑10.1; and moved the provisions from paragraph (D)
to amended OAC rule 5101:12‑55‑10.3. There are no other changes to this rule. This
rule is authorized by ORC section 3125.25, and amplifies ORC sections 3121.01,
3121.74, 3123.24, and 3123.25. |
OCS has amended the following rules:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
5101:12‑55‑03.3
|
Administrative Mistake Of Fact
Hearing Process
|
02/01/2016
|
2/11/2019
|
This rule describes the administrative
mistake of fact hearing process when an obligor who has been found to be in default.
The rule has been amended to update the time frame in paragraph (A) from 7
business days to 14 days to comply with amended section 3123.031 of the Revised
Code. This rule is authorized by ORC
section 3125.25, and amplifies ORC sections 3123.031, 3123.033, 3123.04, and 3123.21. |
5101:12‑55‑03.4
|
Final And Enforceable Determination
Of Default
|
02/01/2016
|
2/11/2019
|
This rule describes when a final
and enforceable determination of default exists. The rule has been amended to
update the time frame in paragraph (A) from 7 business days to 14 days to comply
with amended sections 3123.031, 3123.04, and 3123.05 of the ORC. This rule is authorized by ORC
section 3125.25, and amplifies ORC sections 3123.032, 3123.04, 3123.05, and 3123.06 |
5101:12‑55‑10.1
|
Investigation Of An Account,
Imposing An Access Restriction, And Releasing An Access Restriction
|
02/01/2016
|
2/11/2019
|
This rule describes the procedures
that the CSEA is required to follow when it investigates an account, imposes an
access restriction, or releases an access restriction. Changes from the
existing rule include: - clarified the language
in paragraph (A) to comply with amended section 3123.25 of the ORC;
- moved the provisions
from paragraph (C) of existing OAC rule 5101:12‑55‑10 to paragraph (A) of this
rule;
- added language requiring
the CSEA to document the findings of the investigation;
- added language requiring
the CSEA to issue the JFS 04018 as an attachment to the JFS 04050 and JFS 04055
to comply with the federal “Dear Colleague Letter” 13-06; and
- replaced the term
“SSI benefits” with “protected benefits.”
This rule is authorized by ORC
section 3125.25, and amplifies ORC sections 3123.25, 3123.26, and 3123.27 |
5101:12‑55‑10.2
|
Administrative And Court Hearings
For Ownership Interest In An Account
|
02/01/2016
|
2/11/2019
|
This rule describes the administrative
hearing procedures that the CSEA is required to follow as well as the court process
when the joint account owner requests an administrative or court hearing. The
rule has been amended to update the time frame from 10 days to 14 days to comply
with amended sections 3123.30, 3123.31, 3123.34, and 3123.35 of the Revised Code. This rule is authorized by ORC
section 3125.25 and amplifies ORC sections 3123.29, 3123.30, 3123.31, 3123.32,
3123.33, 3123.34, 3123.35, and 3123.36. |
5101:12‑55‑10.3
|
Issuing A Withdrawal Directive
|
02/01/2016
|
2/11/2019
|
This rule describes the procedures
that the CSEA is required to follow when it issues a withdrawal directive to a
financial institution. Changes from the existing rule include: added language
requiring the CSEA to issue the JFS 04018 as an attachment to the JFS 04055 to
comply with the federal “Dear Colleague Letter” 13-06; and moved the provisions
from paragraph (C) of existing OAC rule 5101:12‑55‑10 to paragraph (C) of this
rule. This rule is authorized by ORC
section 3125.25 and amplifies ORC sections 3123.28, 3123.32, 3123.36, and 3123.37. |
5101:12‑55‑20.1
|
Lien Levy and Execution
|
02/01/2016
|
2/11/2019
|
This rule describes the process
that the CSEA shall use when it decides to execute on a lien on personal or real
property of an obligor that has been asserted by the CSEA in accordance with rule
5101:12‑55‑20 of the Administrative Code. The rule has been amended to remove
the language in paragraph E(3)(c) and (d) as the amended section 3123.72 of
ORC has removed these provisions. This rule is authorized by ORC
section 3125.25 and amplifies ORC sections 3123.71, 3123.72, 3123.73, 3123.74,
3123.75, 3123.76, and 3123.78. |
5101:12‑55‑99
|
Chapter 55 Forms – Enforcement
of the Support Order Based on Finding of Default
|
6/15/2018
|
2/11/2019
|
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 5101:12-55 of the Administrative Code. The rule is being
revised to update the effective date of the JFS 04049, JFS 04052, JFS 04054,
JFS 07083. This rule is authorized by ORC
section 3125.25; and amplifies ORC sections 3125.03 and 3125.25. |
OCS has revised the following forms:
Form
|
Form Title
|
Prior Effective Date of Form
|
Revision Date
|
JFS 04049
|
Notice To Obligor Of Default
And Potential Action
|
8/2010
|
2/2019
|
This form has been revised
to comply with SB 70; revised the time frame from 7 business days to 14 days to
comply with amended sections 3123.031and 3123.04 of the Revised Code (ORC);
made formatting changes to comply with IPP 4301 and SETs formatting requirements;
made some language changes for clarity, including adding language concerning
the gaming winnings such as lottery and casino, and insurance awards/claims.
|
JFS 04052
|
Notice To Person, Other Than
Child Support Obligor, Having Ownership Interest In An Account
|
9/2006
|
2/2019
|
This form has been revised to
comply with SB 70; revised the time frame from 10 days to 14 days to comply with
amended sections 3123.30 and 3123.31 of the ORC; made formatting changes to comply
with IPP 4301 and SETs formatting requirements.
|
JFS 04054
|
Notice Of Determination On Amount
Of Ownership
|
9/2006
|
2/2019
|
This form has been revised to
comply with SB 70; revised the time frame from 10 days to 14 days to comply with
amended sections 3123.34 and 3123.35 of the ORC; made formatting changes to comply
with IPP 4301 and SETs formatting requirements.
|
JFS 07083
|
Notice To Obligor Regarding
Default And 20% Payment On Arrears
|
12/2002
|
2/2019
|
This form has been revised to
comply with SB 70; revised the time frame from 7 days to 14 days to comply with
amended sections 3123.031, 3123.04 and 3123.05 of the ORC; made formatting changes
to comply with IPP 4301 and SETs formatting requirements.
|
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.
- A revised form will be replaced with the amended
form
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.