The Office of Child Support (OCS) is rescinding 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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |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. | 10/2/2006 | 12/1/2011 |
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 Child Support Enforcement Agency (CSEA) is required to follow.
This rule is being rescinded because more than 50% of this rule is being stricken and a comparable amount of new text is being added. Information from this rule regarding account information access agreements is contained in new rule 5101:12‑1‑90; FIDM definitions contained in new rule 5101:12‑55‑10; information regarding the CSEA investigation of an account, imposing an access restriction, and releasing an access restriction contained in new rule 5101:12‑55‑10.1; information regarding the administrative and court hearing process contained in new rule 5101:12‑55‑10.2; and information regarding issuing a withdrawal directive contained in new rule 5101:12‑55‑10.3.
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OCS is adopting the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑90 | Account information access agreement. | 12/1/2011 |
This is a new rule that describes account information access agreements that are between OCS and financial institutions doing business in this state and financial institutions doing business in other states.
Changes from the rescinded rule include: revise the language and remove information regarding account information access agreements from the rescinded rule and add to this new rule.
This rule is authorized under ORC sections 3121.78 and 3125.25 and amplifies ORC sections 3121.74, 3121.76, 3121.77, 3121.99, 3123.25, and 3123.38.
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| 5101:12‑55‑10 | Financial institution data match program. | 12/1/2011 |
This is a new rule that describes the procedures that the CSEA is required to use when it elects to utilize the FIDM program to enforce a support order after a final and enforceable determination of default has been made against the obligor.
Changes from the rescinded rule include: revise the language and remove definitions for "multistate financial institution," "multistate financial institution data match," "single state financial institution," and "single state financial institution data match"; add a definition for "FIDM report"; add a list of circumstances in paragraph (C) that the CSEA should take note of before imposing an access restriction on an account; and add a process in paragraph (D) for returning supplemental security income (SSI) funds to an obligor that were intercepted in error.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3121.01, 3121.74, 3123.24, and 3123.25.
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| 5101:12‑55‑10.1 | Investigation of an account, imposing an access restriction, and releasing an access restriction. | 12/1/2011 |
This is a new rule that 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 rescinded rule include: revise the language and re-format the information by topic for clarity; and add definitions for "assisting state" and "requesting state."
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3123.25, 3123.26, and 3123.27.
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| 5101:12‑55‑10.2 | Administrative and court hearing for ownership interest in an account. | 12/1/2011 |
This is a new rule that 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.
Changes from the rescinded rule include: revise the language and re-format the information by topic for clarity; and add a definition for "joint account owner."
This rule is authorized under 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.
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| 5101:12‑55‑10.3 | Issuing a withdrawal directive. | 12/1/2011 |
This is a new rule that describes the procedures that the CSEA is required to follow when it issues a withdrawal directive to a financial institution.
Changes from the rescinded rule include: revise the language and re-format the rule for clarity.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3123.28, 3123.32, 3123.36, and 3123.37.
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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 amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- An adopted rule will be inserted.
- A no change rule will continue with the same effective date.
- A rescinded form will be removed.
- A revised form will be replaced with the amended form.
- An adopted form will be inserted.
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 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) |
|---|
| 5101:12‑1‑90 | (A) and (C)(3) |
| 5101:12‑55‑10 | (B)(3) and (C) |
| 5101:12‑55‑10.1 | (C) and (D)(5) |