The Office of Child Support (OCS) has proposed to rescind the following rules. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period.
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
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| 5101:12‑55‑03 | Default. | 09/01/05 | 4/15/08 |
This rule describes the optional enforcement techniques that a CSEA may use when there is a final and enforceable determination of default and provides definitions of terms used in this rule and supplemental rules.
This rule is being proposed for rescission and replaced in part by a new rule with the same rule number and title and in part by new rule 5101:12‑55‑03.4 because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑55‑03.1 | Identification of default and notice to obligor of default and potential action. | 09/01/05 | 4/15/08 |
This rule describes the process by which an obligor is identified by SETS as meeting the default criteria and the CSEA's resulting actions.
This rule is being proposed for rescission and replaced in part by a new rule with the same rule number and title and in part by new rule 5101:12‑55‑03.3 because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. Some information contained in paragraph (A) regarding the obligor's right to request an administrative mistake of fact hearing has been moved to proposed rule 5101:12‑55‑03.3.
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| 5101:12‑55‑03.2 | Default investigation. | 09/01/05 | 4/15/08 |
This rule describes the investigation the CSEA must complete when an obligor has been identified as meeting the default criteria.
This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑55‑03.3 | Administrative mistake of fact hearing. | 09/01/05 | 4/15/08 |
This rule describes when the obligor may request an administrative mistake of fact hearing to contest the JFS 04049 (default notice) and the administrative mistake of fact hearing process.
This rule is being proposed for rescission and replaced in part by a new rule with the same rule number but different title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. Moved the information about when a JFS 04049 becomes final and enforceable to rule 5101:12‑55‑03.4.
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| 5101:12‑55‑03.4 | Enforcement actions based on a final and enforceable determination of default. | 09/01/05 | 4/15/08 |
This rule describes the enforcement actions a CSEA may undertake when there has been a final and enforceable determination of default.
This rule is being proposed for rescission and replaced by a new rule with the same rule number but different title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
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| 5101:12‑55‑03 | Default. | 4/15/08 |
This rule defines terms used in chapter 5101:12-55 of the Administrative Code.
Changes from the existing rule include: deleted the paragraph that described enforcement techniques; clarified in paragraph (B) that the definitions were to be used throughout the rules in chapter 5101:12-55; deleted the definition of support order as that term is defined in OAC rule 5101:12‑1‑10. There were no other substantive changes to the rule.
This rule replaces part of existing rule 5101:12‑55‑03, which is being rescinded as a result of the five year review requirement, is authorized under ORC section 3125.25, and amplifies ORC sections 3121.01 and 3123.01.
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| 5101:12‑55‑03.1 | Identification of default and notice to obligor of default and potential action. | 4/15/08 |
This rule explains that the support enforcement tracking system (SETS) identifies an obligor who appears to meet the default criteria; describes the process by which a payment on arrears is created, if one does not exist when an income withholding notice is issued; and that a JFS 04049 (default notice) is issued to the obligor.
Changes from the existing rule include: removed unnecessary text that did not provide clarification or was repetitive; moved information in the rule so that the information is easier to find; amplified information regarding when an arrears payment is created by SETS during the default process; included information regarding the JFS 07083 (Notice to Obligor Regarding Default and 20% Payment on Arrears) that is issued when an arrears payment is created; corrected the cite to ORC section 3123.022; and moved information regarding when and how the obligor requests an administrative mistake of fact hearing to rule 5101:12‑55‑03.3. There were no other substantive changes to the rule.
This rule replaces part of existing rule 5101:12‑55‑03.1, which is being rescinded as a result of the five year review requirement, is authorized under ORC section 3125.25, and amplifies ORC sections 3123.021, 3123.022, 3123.03, and 3123.061.
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| 5101:12‑55‑03.2 | Default investigation. | 4/15/08 |
This rule describes the investigation and the timeframes for the investigation that the child support enforcement agency (CSEA) must complete.
Changes from the existing rule include: removed unnecessary reference to ORC sections; clarified that the default investigation must be completed within fifteen days of SETS identifying that an obligor appears to meet the default criteria and before the JFS 04049 (default notice) is issued; and reorganized information so that it was easier for the user to find. There were no other substantive changes.
This rule replaces existing rule 5101:12‑55‑03.2, which is being rescinded as a result of the five year review requirement, is authorized under ORC section 3125.25, and amplifies ORC section 3123.02.
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| 5101:12‑55‑03.3 | Administrative mistake of fact hearing process. | 4/15/08 |
This rule describes the administrative mistake of fact hearing process.
Changes from the existing rule include: added information regarding the JFS 07083 (Notice to Obligor Regarding Default and 20% Payment on Arrears); moved information about the obligor's right to request an administrative mistake of fact hearing to this rule from rule 5101:12‑55‑03.1; reorganized information so that it is easier for the user to find; modified language to comply with the rules of the Legislative Service Commission. There were no other substantive changes.
This rule replaces existing rule 5101:12‑55‑03.3 and part of existing rule 5101:12‑55‑03.1, which are being rescinded as a result of the five year review requirement, is authorized under 3125.25, and amplifies ORC sections 3123.031, 3123.033, and 3123.04.
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| 5101:12‑55‑03.4 | Final and enforceable determination of default. | 4/15/08 |
This rule describes when a JFS 04049 (default notice) becomes final and enforceable; the actions a CSEA must complete to modify, terminate, or issue an income withholding notice; and references the OAC chapters that contain required and optional enforcement techniques that a CSEA may use to enforce a support order when there is a final and enforceable determination of default.
Changes from the existing rule include: added a paragraph describing when there is a final and enforceable determination of default; removed unnecessary references to OAC rules and ORC sections; moved information regarding enforcement techniques that are in addition to income withholding to new paragraph. There were no other substantive changes.
This rule replaces existing rule 5101:12‑55‑03.4 and part of existing rules 5101:12‑55‑03 and 5101:12‑55‑03.3, which are being rescinded as a result of the five year review requirement, is authorized under 3125.25, and amplifies ORC sections 3123.032, 3123.04, 3123.05, and 3123.06.
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OCS proposed to rescind the following CSEIIM:
| Rescinded CSEIIM | CSEIIM Title | Prior Effective Date of CSEIIM | Effective Date of Rescission |
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| 51 | Requests for Paternity Establishment When a Legal Presumption Exists and Legally Presumed Parent(s) are Not Contesting Paternity | 6/13/00 | 4/15/08 |
This CSEIIM was issued based on the understanding that, when there is a presumed father, no one can request the CSEA to conduct genetic testing to determine whether the presumed father or another man is the father of the child. However, further research and analysis of Chapter 3111 of the Revised Code concluded that, when there is not a final and enforceable determination of paternity and the CSEA is requested to determine the existence or non-existence of a father and child relationship, the CSEA must honor that request regardless of whether or not there is a presumed father.
This analysis resulted in the modification of the rules contained in chapter 5101:12-40 of the Administrative Code in December 2006. The revised rules state that, as long as there is not a final and enforceable determination of paternity (and a presumption is not a final and enforceable determination of paternity), then a man alleging himself to be the father of the child may request the CSEA conduct genetic tests to determine whether he or the presumed father is the natural father of the child. As a result, this CSEIIM is being rescinded.
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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.
A rescinded CSEIIM will be removed.
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 adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply:
| Rule | Paragraph(s) |
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| 5101:12‑55‑03.3 | (A), (B), (C), (D)(1), and (D)(2) |