The Office of Child Support (OCS) has proposed to amend 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.
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑30‑05 | Administrative Subpoenas | 7/15/2007 | 2/01/2013 |
This rule describes the authority of the child support enforcement agency (CSEA) to issue administrative subpoenas. Changes from the existing rule include: revised paragraph (B) for clarity as the provision applies only to an obligor who fails to comply with an administrative subpoenas.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03 and 5101.37.
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| 5011:12‑30‑10 | Service of Process | 7/15/2007 | 2/01/2013 |
This rule describes the statutory steps a CSEA is required to take to ensure service of process is accomplished in accordance with "Rules of Civil Procedure." Changes from the existing include: replaced the word "if" with "when" where appropriate; revised the effective date to the "Rules of Civil Procedure;" revised paragraph (B) where appropriate to allow service of process by commercial carriers pursuant to the recently revised Civil Procedure rule 4.1; and revised paragraph (D)(5) to comply with the provisions of the recently revised Civil Procedure rule 4.2.
This rule is authorized by ORC section and 3125.25, and amplifies ORC sections 3125.03 and 3125.25.
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| 5101:12‑50‑12 | Lump Sum Payments | 8/15/2007 | 2/01/2013 |
This rule describes the process used by the CSEA when notified that an obligor is eligible to receive a lump sum payment. Changes from the existing rule include: corrected the reference to the Ohio revised Code in paragraph (C), and corrected a typo in paragraph (D)(2).
This rule is authorized by ORC section and 3125.25, and amplifies ORC sections 3121.03, 3121.037, 3121.0311, 3121.12, and 3125.03.
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OCS has proposed no change to the rule listed below. The rule has 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. The effective date of this rule will remain the same as the existing rule pursuant to paragraph (E) of section 119.032 of the Revised Code.
| Rule | Rule Title | Effective Date |
|---|
| 5101:12‑55‑30 | State Lottery Prize Award Intercept | 8/15/2007 |
This rule describes the process used by a CSEA to issue an intercept directive to the Ohio Lottery Commission (OLC) to transmit an amount from the proceeds of a specified lottery prize award to the Office of Child Support (OCS), when the prize winner is an obligor who is subject to a final and enforceable determination of default.
This rule is authorized by ORC section and 3125.25, and amplifies ORC sections 3123.89 and 3170.071.
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INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- A no change rule will continue with the same effective date.
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.