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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑50‑20 | State income tax refund offset program. | 12/17/2004 | 7/15/2008 |
| This rule describes the state income tax offset program and provides definitions of certain terms used in this rule and its supplemental rules. This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent is being stricken and a comparable amount of new text is being added. |
| 5101:12‑50‑20.1 | Pre-offset notice and right to review. | 12/17/2004 | 7/15/2008 |
| This rule describes the state income tax offset administrative review process and the debtor's rights to a tax offset review to contest the submittal. This rule is being rescinded and replaced by a new rule with the same rule number but different title because more than fifty percent is being stricken and a comparable amount of new text is being added. |
| 5101:12‑50‑20.2 | Overdue support. | 12/17/2004 | 7/15/2008 |
| This rule describes the criteria for submitting a debtor who owes overdue child support to state income tax offset. This rule is being rescinded and replaced by a new rule with the same rule number but different title because more than fifty percent is being stricken and a comparable amount of new text is being added. |
| 5101:12‑50‑20.3 | Overpaid child support. | 12/17/2004 | 7/15/2008 |
| This rule describes the criteria for submitting a debtor who owes overpaid child support to state income tax offset. This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent is being stricken and a comparable amount of new text is being added. |
OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑50‑20 | State income tax refund offset program. | 7/15/2008 |
This rule describes the state income tax offset program and provides definitions of certain terms used in this rule and its supplemental rules. Changes from the rescinded rule include: revise the language for clarity; remove an unnecessary definition of "offset"; add a definition of "state tax offset"; remove reference to state tax offset information being confidential as this information is included in rule 5101:12‑1‑20.2 of the Administrative Code; and move information regarding another state's request for an obligor be submitted for state income tax refund to rule 5101:12‑50‑20.2 of the Administrative Code.
This rule replaces rule 5101:12‑50‑20, which is being rescinded as a result of the five year review requirement; is authorized under ORC sections 3123.823 and 3125.25; and amplifies ORC sections 3123.82, 3123.821, 3123.822, and 3123.823.
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| 5101:12‑50‑20.1 | Pre-offset notice and tax refund offset review. | 7/15/2008 |
This rule describes the state income tax refund offset administrative review process and the debtor's rights to a tax refund offset review to contest the submittal. Changes from the rescinded rule include: modify the language and re-format the rule for clarity. There is no change to the state income tax pre-offset notice or tax refund offset review process.
This rule replaces rule 5101:12‑50‑20.1, which is being rescinded as a result of the five year review requirement, is authorized under ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3123.82, 3123.821, 3123.822, and 3123.823.
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| 5101:12‑50‑20.2 | Overdue child support. | 7/15/2008 |
This rule describes the criteria for submitting a debtor who owes overdue child support to state income tax offset. Changes from the rescinded rule include: modify the language and re-format the rule for clarity; in paragraph (A), modify the language to be consistent with the wording in ORC section 3123.82.2; remove reference in paragraph (A)(1) that requires the case to be IV-D; remove reference in paragraph (A)(3) that permits spousal support debts to be submitted; in paragraph (B), clarify that overdue child support is eligible for state income tax refund offset when either the debtor or the spouse has filed for bankruptcy on or after October 17, 2005, and when bankruptcy is filed before that date the debtor or debtor 's spouse will not be submitted unless the bankruptcy has been discharged.
This rule replaces rule 5101:12‑50‑20.2, which is being rescinded as a result of the five year review requirement; is authorized under ORC sections 3123.823 and 3125.25; and amplifies ORC sections 3123.82, 3123.821, 3123.822, and 3123.823.
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| 5101:12‑50‑20.3 | Overpaid child support. | 7/15/2008 |
This rule describes the criteria for submitting a debtor who owes overpaid child support to state income tax offset. Changes from the rescinded rule include: modify the language and re-format the rule for clarity; and clarify that the CSEA may pursue other enforcement techniques to collect overpaid child support.
This rule replaces rule 5101:12‑50‑20.3, which is being rescinded as a result of the five year review requirement, is authorized under ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3123.82, 3123.821, 3123.822, and 3123.823.
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OCS has proposed to amend the following rule:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑50‑32.5 | Administrative offset review of federal tax refund offset program submittals. | 7/01/2006 | 7/15/2008 |
This rule describes the rights of the obligor to request an administrative offset review when submitted to the federal tax refund offset.
This rule is being amended to reflect the changes made to JFS 01850, "Notice of Scheduled Tax Refund Offset Review" and to JFS 07544, "Administrative Review for Income Tax Refund Offset Review Results". There are no other changes to this rule.
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OCS has proposed to revise the following forms:
| Revised Form | Revised Form Title | Prior Effective Date of Form | Effective Date of Revision |
|---|
| JFS 01850 | Notice of Scheduled Tax Refund Offset Review | 12/2004 | 7/2008 |
| This form is being revised to state that the debtor must notify the CSEA at least 3 business days before the scheduled tax refund offset review, when he/she cannot attend the hearing on the date or time scheduled. Also, revised the format of the form. |
| JFS 01851 | Notice of Denial of Request for Tax Refund Offset Review | 12/2004 | 7/2008 |
| This form is being revised to clarify the language and to change the format. |
| JFS 01853 | Notice Regarding Request to Reschedule Tax Refund Offset Review | 11/2004 | 7/2008 |
| This form is being revised to clarify the language and to change the format. |
| JFS 07544 | Administrative Review for Income Tax Refund Offset Review Results | 12/2004 | 7/2008 |
| This form is being revised to clarify the language and to change the format. |
| JFS 04042 | Notice to Reinstate/Reissue a License | 10/2001 | 6/2008 |
| This form is utilized to reinstate a license when the obligor is no longer in default. The form has been reformatted to meet the requirements set by ODJFS Forms Central; also, deleted unnecessary language. |
OCS has proposed to rescind the following form:
| Rescinded Form | Rescinded Form Title | Prior Effective Date of Form | Effective Date of Rescission |
|---|
| JFS 07099 | Paternity/Medical Support Payments | 9/1995 | 7/2008 |
This form is used to forward to Ohio Department of Job and Family Services (ODJFS) collections received by a child support enforcement agency (CSEA) for reimbursement of birth costs or other medical expenses or for payments on a medical support order that are not entered in SETS.
This form is being rescinded because the CSEA is required to enter these collections in SETS, pursuant to OAC rule 5101:12‑1‑15. SETS uses the QFR011 to report these collections.
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INSTRUCTIONS:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An adopted rule will be inserted.
- A revised form will be replaced with the amended form.
- A rescinded form will be removed.
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 web page at:
http://www.odjfs.state.oh.us/forms/inner.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 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 rule(s) as they contain new or modified requirements with which the CSEA must comply:
| RULE | PARAGRAPH(s) |
|---|
| 5101:12‑50‑20.3 | B and D |