(A)The JFS 07083,
"Notice to Obligor Regarding Default and 20% Payment on Arrears"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), and the JFS 04049, "Notice to Obligor of Default and
Potential Action" (effective or revised effective date as identified in
rule 5101:12-55-99 of the Administrative Code), inform the obligor of the
obligor's right to contest the default and any new payment on arrears by
requesting an administrative mistake of fact hearing. The
obligor must file the request for an administrative mistake of fact hearing
with the child support enforcement agency (CSEA) within fourteen days of the
date the JFS 07083 or JFS 04049 was issued. When an obligor submits a request
for an administrative mistake of fact hearing within fourteen days of the date
the JFS 07083 was issued and a second request for an administrative mistake of
fact hearing within fourteen days of the date the JFS 04049 was issued, the
CSEA shall combine both requests into one administrative mistake of fact
hearing.
(1)The obligor is to file the request for
an administrative mistake of fact hearing with the child support enforcement
agency (CSEA) within fourteen days of the date the JFS 07083 or JFS 04049 was
issued.
(2)When an obligor submits a request for an
administrative mistake of fact hearing within fourteen days of the date the JFS
07083 was issued and a second request for an administrative mistake of fact
hearing within fourteen days of the date the JFS 04049 was issued, the CSEA
will combine both requests into one administrative mistake of fact hearing.
(B)When an obligor
files a timely request for an administrative mistake of fact hearing with the
CSEA, the CSEA shall:
(1)Schedule the
administrative mistake of fact hearing to be held on a date no later than ten
days after the date that the obligor files the administrative mistake of fact
hearing request; and
(2)Issue a JFS 07052, "Notice of Administrative Mistake of Fact Hearing" (effective
or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the last known addresses of the obligor and obligee no
later than five days before the date on which the administrative mistake of
fact hearing is scheduled to be conducted.
(C)The CSEA may deny
a request for an administrative mistake of fact hearing if the request is not
timely filed.
(D)At the
administrative mistake of fact hearing, the CSEA shall:
(1)Consider
testimony and evidence regarding an obligor's assertion that a mistake of fact
exists on the JFS 04049 or the JFS 07083;
(2)Determine
whether a mistake of fact exists on the JFS 04049 or the JFS 07083;
(3)When the
obligor disputes the new arrears payment, consider any evidence the obligor
presents regarding household expenditures, income variables, extraordinary
health care issues, and other reasons for a deviation from the presumed minimum
payment on arrears, pursuant to section 3123.21 of the Revised Code, and
determine whether to deviate from the presumed payment on arrears;
(4)Issue the
administrative determination to the obligor within five business days of the
date the administrative mistake of fact hearing is held;
(5)Record the
results of the administrative mistake of fact hearing in the support
enforcement tracking system (SETS); and
(6)Make any
necessary changes in SETS based on the administrative mistake of fact hearing
determination.
Effective: 8/1/2023
Five Year Review (FYR) Dates: 5/1/2023 and 08/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 07/06/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.031, 3123.21, 3123.04, 3123.033
Prior Effective Dates: 05/14/1977, 08/01/1982, 05/01/1987,
10/01/1987, 12/20/1988, 09/01/1989, 12/16/1989, 08/01/1990, 10/09/1990,
04/01/1991, 07/15/1992, 06/01/1993, 10/07/1993, 12/31/1993, 01/01/1995,
07/01/1996, 01/01/1998, 12/01/2001, 05/19/2002, 09/01/2005, 04/15/2008,
07/15/2013, 02/01/2016, 02/11/2019