(A)In accordance
with section 3111.80 of the Revised Code, the administrative officer of the
child support enforcement agency (CSEA) shall schedule an administrative child
support hearing and send the JFS 07782, "Notice of Administrative Hearing
to Establish a Support Order" (effective or revised effective date as
identified in rule 5101:12-40-99 of the Administrative Code), and the JFS 00593, "Child Support Financial Affidavit" (effective or revised
effective date as identified in rule 5101:12-45-99 of the Administrative Code),
to the current addresses of the parents of the child in accordance with the
Rules of Civil Procedure (as in effect on January 1,
2019)(www.supremecourt.ohio.gov) as
outlined in paragraph (B)(C)(3)
of rule 5101:12-30-10 of the Administrative Code. If a caretaker exists, the
CSEA shall send the JFS 07782 to the caretaker.
(B)The JFS 07782
notifies each parent to provide the CSEA with the information and documents
listed on the JFS 00593, no later than the date of the scheduled administrative
support hearing, pursuant to section 3111.801 of the Revised Code. When either
parent fails to provide the requested information, the CSEA may:
(1)Request the
court of appropriate jurisdiction of the county in which the agency is located
to issue an order requiring the parent to provide the information as requested;
or
(2)Make reasonable
assumptions on the information the parent failed to provide and proceed with
determining the support as if all requested information had been provided.
(C)The administrative
support hearing shall be scheduled for a day that is at least thirty days after
the date the JFS 07782 is issued to each parent of the child. The
administrative child support hearing shall be held within sixty days of the
latest of:
(1)The IV-D application
for services being submitted to the CSEA;
(2)The IV-D
referral being received by the CSEA; or
(3)The issuance of
an order determining the existence of a parent and child relationship.
(D)When service of
process has not been obtained, both parents appear atbefore the CSEA in person,
telephonically, or virtually and request the establishment of an
administrative child support order, the parents have all the verification
necessary to proceed with the administrative child support hearing, and the
administrative officer elects to proceed with the administrative child support
hearing, the CSEA shall have the parents complete one of the following:
(1)A JFS 01715,
"Waiver of Service of Notice of Order to Appear for
Administrative Support Hearing to Establish a Support Order" (effective or
revised effective date as identified in rule 5101:12-45-995101:12-30-99 of the Administrative Code), accompanied
by hand delivery or electronic delivery of the JFS
07782 and a copy of the JFS 01715 to the party;
or
(2)A waiver of
service form created by the CSEA that specifies the date
and time of the administrative support hearing and contains the following
statement: " I have received a copy of the JFS 07782, "Notice of
Administrative Hearing to Establish a Support Order," and I voluntarily
waive the right to receive the JFS 07782 by certified mail,"contains the waiver form appended to rule 4.7 (7/1/2022) of
the Rules of Civil Procedure, except to the extent that the provisions of the
Rules of Civil Procedure are clearly inapplicable, accompanied by hand
delivery or electronic delivery of the JFS 07782 and a copy of the waiver form created by the CSEA to the
party.
(E)When the CSEA is prohibited by law from
conducting an administrative support hearing, the CSEA will issue by ordinary,
first class mail to the last known addresses of the parties:
(1)The JFS 01717, "Dismissal of
Request to Establish a Support Order" (effective or revised effective date
as identified in rule 5101:12-45-99 of the Administrative Code) when an
administrative child support hearing has not already been scheduled; or
(2)The JFS 01718, "Dismissal of
Administrative Hearing to Establish a Support Order" (effective or revised
effective date as identified in rule 5101:12-45-99 of the Administrative Code)
when an administrative child support hearing has already been scheduled.
Effective: 5/1/2023
Five Year Review (FYR) Dates: 2/11/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 04/07/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.80, 3125.03
Prior Effective Dates: 07/15/1992, 03/31/1993, 06/21/1996,
01/01/1998, 12/01/2001, 07/15/2002, 09/01/2005, 04/01/2009, 07/01/2014,
02/11/2019