(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) as outlined in paragraph (B)(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 at the CSEA 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" (effective
or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code), accompanied by hand delivery of the JFS 07782; 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", accompanied by hand delivery of the JFS 07782.
Replaces: 5101:12-45-05.1
Effective: 2/11/2019
Five Year Review (FYR) Dates: 02/11/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/29/2019
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