Kentucky Administrative Regulations
Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT
Chapter 1 - Child Support
Section 921 KAR 1:430 - Child support administrative hearings
Universal Citation: 921 KY Admin Regs Service 1:430
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 13B, 15.055, 154A.060(2)(g), 205.710, 205.712, 205.745, 205.7685, 205.769, 205.778, 237.110(4)(f), 341.392, 341.420, 405.411, 405.440(4), 405.450(1), (2), (5), 405.463, 405.465, 405.467, 405.470, 405.490(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law, qualify for the receipt of federal funds, or to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 42 U.S.C. 666 requires each state to have in effect procedures to increase the effectiveness of the Child Support Enforcement Program. 45 C.F.R. 303.35 requires the agency administering the Child Support Enforcement Program to develop a procedure for administrative reviews of child support cases for individuals with complaints. KRS 13B.170 authorizes an agency to promulgate administrative regulations that are necessary to carry out the provisions of KRS Chapter 13B. This administrative regulation establishes the administrative hearing procedures used by the cabinet in the administration of the Child Support Enforcement Program.
Section 1. Availability of a Hearing.
(1)
An opportunity for an administrative hearing shall be provided to an individual
aggrieved by an action or inaction:
(a) On the
part of the Child Support Enforcement Program; and
(b) That affects the child support case of
the individual.
(2) An
individual requesting an administrative hearing shall have the option to
designate a representative to act on behalf of the aggrieved party for the
hearing process, such as:
(a) Legal
counsel;
(b) A relative;
or
(c) Any other person.
(3) An administrative hearing
shall be conducted by an administrative hearing officer assigned by the
Division of Administrative Hearings, Families and Children Administrative
Hearings Branch:
(a) In the county of
residence for the appellant or child; or
(b) By telephone or at an alternate location,
if the appellant:
1. Is unable to travel;
and
2. Requests alternate hearing
arrangements at least five (5) calendar days in advance of the scheduled
hearing.
(4)
If the appellant or authorized representative speaks a language other than
English, the cabinet shall ensure that interpreter services are provided for
the administrative hearing.
(5)
Child support enforcement staff shall schedule and hold an informal interview
or conference with an aggrieved individual:
(a) Within ten (10) calendar days of
receiving the individual's hearing request;
(b) Prior to an administrative hearing being
scheduled; and
(c) To attempt
resolution of the dispute.
(6) If the informal conference does not
resolve the issue, the hearing request shall be sent to the Families and
Children Administrative Hearings Branch as specified in Section 2 of this
administrative regulation for scheduling.
Section 2. Request for a Hearing.
(1) An individual shall request an
administrative hearing by:
(a) Completing and
submitting a CS-180, Request for Administrative Hearing;
(b) Submitting a written request;
or
(c) Making an oral request,
which is then transferred into a written request within the timeframes
specified in subsection (4) of this section.
(2) An administrative hearing request shall
be submitted to the:
(a) Child support
contracting official's office in the appellant's county of residence;
or
(b) Child Support Enforcement's
central office.
(3) The
count of days specified in subsection (4) of this section shall begin from the
date of:
(a) Issuance, if the notice is sent
by first class mail; or
(b)
Receipt, if the notice is personally served or sent by certified
mail.
(4) A written
request for an administrative hearing shall be considered timely if received by
the cabinet within:
(a) Ten (10) calendar days
of:
1. An income withholding notice;
or
2. A notice of intent to boot a
vehicle, in accordance with KRS 205.745(9);
(b) Fifteen (15) calendar days of a notice of
withholding from unemployment insurance, pursuant to KRS 341.392 and
341.420;
(c) Twenty (20) calendar
days of:
1. An initial notice of monthly
support obligation, in accordance with KRS 405.440(4);
2. An order to withhold assets, in accordance
with KRS 405.490(4);
3. A request
for denial or suspension of a license or certificate;
4. A lien notice, in accordance with KRS 205.745(7); or
5. A notice to place
the obligor's name on the delinquent listing; or
(d) Thirty (30) calendar days of a:
1. Modified notice of monthly support
obligation, in accordance with KRS 405.450(5);
2. Notice that an obligation amount was
reviewed without change, in accordance with KRS 405.450(5); or
3. Notice regarding the collection of
past-due support in accordance with KRS 154A.060(2)(g), 205.712(17), and
205.769.
(5)
In accordance with KRS 205.712(13), an individual shall be granted an
administrative hearing based upon a mistake in fact, such as an incorrect:
(a) Person identified as an obligor;
or
(b) Current or past due support
obligation.
(6) An
appellant or authorized representative may withdraw an administrative hearing
request by submitting a written request to the:
(a) Families and Children Administrative
Hearings Branch, as specified in Section 3 of this administrative regulation;
or
(b) Child support enforcement
office that accepted the original request for an administrative
hearing.
Section 3. Hearing Notification.
(1) The
Division of Administrative Hearings, Families and Children Administrative
Hearings Branch shall acknowledge an administrative hearing request.
(2) A notice of an administrative hearing
shall:
(a) Comply with the requirements of KRS 13B.050(3);
(b) Specify the name,
address, and phone number of the person to notify if an appellant is unable to
attend the scheduled hearing; and
(c) Specify that the hearing request shall be
dismissed if an appellant or the authorized representative fails to appear for
an administrative hearing without good cause as specified in Section 4(3) of
this administrative regulation.
(3) Pursuant to KRS 405.450(1), the cabinet
shall schedule an administrative hearing within sixty (60) calendar days of an
individual's hearing request.
(4)
An administrative hearing shall be conducted in accordance with KRS Chapter
13B.
(5) An individual that fails
to appear for a scheduled hearing shall receive notification to provide good
cause within ten (10) calendar days.
Section 4. Denial or Dismissal of an Administrative Hearing Request.
(1) A hearing
request shall be denied or dismissed if the:
(a) Request is not based on a mistake of fact
as specified in Section 2(5) of this administrative regulation;
(b) Request is untimely and good cause, as
defined in subsection (3) of this section, is:
1. Not claimed; or
2. Found not to exist;
(c) Appellant submits a written request to
withdraw the administrative hearing request; or
(d) Appellant or an authorized representative
fails to appear for the scheduled hearing without:
1. Notifying the cabinet prior to the
hearing; or
2. Establishing good
cause for failure to appear, as defined in subsection (3) of this
section.
(2)
A claim of good cause for an untimely hearing request or failure to appear at
an administrative hearing shall be established within ten (10) calendar days of
receipt of a notice to provide good cause.
(3) Upon receipt of a good cause claim, a
hearing officer shall determine if the appellant:
(a) Was away from home during the entire
filing period;
(b) Is unable to
read or comprehend the right to request an administrative hearing on the notice
received;
(c) Moved, resulting in a
delay in receiving or failure to receive the notice in the required time
period;
(d) Was suffering from a
serious illness;
(e) Was caring for
an immediate household member who had a serious illness; or
(f) Was not at fault for the delay of the
request, as determined by the hearing officer.
(4) The cabinet shall notify an appellant of
the dismissal of an administrative hearing request by sending a recommended
order of dismissal.
Section 5. Appellant's Rights.
(1) An
appellant or an appellant's legal representative shall have the right to
examine and copy case material pertinent to the dispute before or during the
hearing process in accordance with KRS 13B.090(3).
(2) The cabinet shall release case
information as specified in subsection (1) of this section to the appellant's
authorized representative if the appellant provides written authorization that
is:
(a) Signed in the presence of child
support enforcement staff who shall also sign as a witness; or
(b) Notarized.
(3) An appellant or representatives shall
have the right to:
(a) Examine, prior to the
hearing:
1. The list of witnesses to be called
during the hearing;
2. Evidence to
be presented at the hearing; and
3.
Other information in the cabinet's possession that pertains to the
hearing;
(b) Present
witnesses or documents to support the appellant's claim; and
(c) Appeal the decision of the final order of
the hearing to Circuit Court in accordance with KRS 13B.140.
Section 6. Obligation Pending a Hearing or Appeal.
(1) If a hearing
request is based on the dispute of:
(a) An
initial notice of monthly support obligation, the obligation shall be stayed
until a final order of the secretary is issued, in accordance with KRS 405.450(2); or
(b) The findings of
a modification review of an administratively established obligation, the amount
of the existing obligation shall be:
1.
Enforceable; and
2. Paid by the
obligor pending receipt of the final order.
(2) If the action taken on behalf of the
Child Support Enforcement Program is:
(a)
Upheld, the obligation amount shall be retroactive to the effective date on the
notice of monthly support obligation; or
(b) Found to be incorrect, the cabinet shall
return to the obligor any overpayment made since the date the administrative
hearing was requested.
(3) If an appellant files an appeal of the
final order with the Circuit Court, the appellant shall be obligated to pay the
amount listed on the notice of monthly support obligation while the appeal is
pending.
Section 7. Recommended Order.
(1) After the hearing has
concluded, the hearing officer shall submit to the secretary of the Cabinet for
Health and Family Services a recommended order in accordance with KRS 13B.110
that:
(a) Summarizes the facts of the
case;
(b) Specifies the address
where a party to the hearing may send an exception to the recommended order;
and
(c) Identifies the:
1. Findings of fact;
2. Conclusions of law;
3. Supporting evidence; and
4. Applicable state and federal laws and
administrative regulations.
(2) A copy of the recommended order shall be
sent to the:
(a) Appellant or
representative;
(b) The secretary;
and
(c) Designated staff of the
Child Support Enforcement's central office.
Section 8. Written Exceptions. If a party to the hearing disagrees with the recommended order, within fifteen (15) days from the date the recommended order is mailed, the party may file with the secretary written exceptions in accordance with KRS 13B.110(4).
Section 9. Final Order.
(1) Within ninety (90) days from the date the
recommended order is mailed, a final order shall be issued by the secretary in
accordance with KRS 13B.120.
(2) If
the final order differs from the recommended order, the final order shall
comply with KRS 13B.120(3).
Section 10. Incorporation by Reference.
(1) "CS-180, Request for Administrative
Hearing", 7/14, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family Services, Department for Income Support, Child Support Enforcement, 730
Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY: KRS 13B.170, 194A.050(1), 205.712, 45 C.F.R. 303.35, 42 U.S.C. 666
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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