Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment updates terminology. This
rule is also moved from Title 13, Division 30-Child Support Enforcement, to
Title 13, Division 40-Family Support Division, with this
amendment.
PURPOSE: The purpose of this rule is to establish
procedures where a consumer reporting agency may request debt information from
the Family Support Division (FSD). It also contains procedures for FSD to
report an obligor who has an arrearage of $1000 or more to consumer reporting
agencies. This rule references 13 CSR 40-100.020, regarding procedures where an
obligor, whose debt is to be reported to a consumer reporting agency, may
request and receive an administrative hearing regarding the report. The
information given to consumer reporting agencies will be used to update
individual consumer records.
(1) Definitions.
(A) "Consumer reporting agency" (CRA), or a
credit bureau, is any person, corporation, association, partnership or other
entity which, for monetary fees, dues or on a cooperative nonprofit basis,
regularly engages in assembling and/or evaluating consumer credit information
or other information on consumers for the purpose of furnishing credit reports
to third parties and which uses any means or facility of interstate commerce
for the purpose of preparing or furnishing consumer reports.
(B) "Division" means the Missouri Family
Support Division (FSD) and its employees.
(C) "Arrearage" means an amount of money owed
for past-due child support, spousal support, or a state debt arising from
Temporary Assistance for Needy Families (TANF), which includes, but is not
limited to, a cash grant, funds expended for medical services, and alternative
care payments.
(D) "Obligor" means
any person who is ordered to pay support by a court or administrative
authority.
(2) Division
(IV-D) Responsibilities.
(A) If an obligor-
1. Is at least two (2) months delinquent in
the payment of support and the arrearage is one thousand dollars ($1,000) or
more, the division shall periodically report to consumer reporting agencies an
obligor's name and other identifying information specified in subsection (2)(D)
and may continue to do so after the arrearage is less than one thousand dollars
($1000); or
2. Has an arrearage of
one thousand dollars (1,000) or more and is not two (2) months delinquent in
the payment of support, the division may periodically report to consumer
reporting agencies the obligor's name and other identifying information
specified in subsection (2)(D), and may continue to do so after the arrearage
is less than one thousand dollars ($1,000).
(B) A CRA may request information on an
obligor from the division. The request must always be in writing, signed by a
CRA's managerial officer and sent to the division at its main office address
contained in 13 CSR 40-1.010. The officer
must possess authority to make the request and that authority must be cited in
the request. If the obligor already has been referred to a CRA, the division
must provide the information within a reasonable time. If a referral has never
been made to a CRA, and the obligor is at least two (2) months delinquent in
the payment of support, the division must send advance notice to the obligor as
provided in subsection (2)(C), prior to providing the CRA with the requested
information.
(C) Prior to the
referral to a CRA under subsection (2)(A) or (2)(B), the division must provide
notice to the obligor that consists of the arrearage information the division
intends to give the CRA and the obligor's right to contest the accuracy of that
information. The advance notice to the obligor will be sent by first class
mail. The advance notice must contain-a statement that the division intends to
report the obligor's arrearage to one (1) or more CRAs; the date the CRA(s)
will be sent the arrearage information; the arrearage amount as calculated by
the division; identifying information specified in subsection (2)(D); a
statement that the obligor may contest the arrearage amount by requesting an
administrative hearing within twenty (20) calendar days after the notice is
mailed; and the name, address, and telephone number of the person from whom the
obligor can request a hearing. The division shall not refer an obligor's name
and other identifying information to a CRA under this rule while the request
for hearing is pending.
(D) The
division will generate a monthly file of all obligors meeting the criteria
under subsection (2)(A) and electronically transmit the file to each CRA. The
file shall include, but not be limited to, the obligor's name, Social Security
number, current arrearage figure, and other identifying information as
determined necessary by the division.
(3) Copies of public records shall be
provided by the department and shall be subject to the collection of search and
copy fees and shipping charges as set forth herein. Requesters may avoid
shipping charges by picking up their requested documents at the Office of the
Director, Missouri Department of Social Services, 221 W. High, Room 240,
Jefferson City, MO 65101. Requesters shall request to pick up their requested
records at the time of their initial request. Copies of public records will be
provided by the department subject to the copy and search fees set forth in
section
610.026,
RSMo.
(4) Fees for duplicating
other types of records and other formats including electronic data shall be
based on the actual cost of search and duplication, or as otherwise provided by
section
610.026,
RSMo.
(5) Disputing Arrearage
Amounts on File with the CRA.
(A) An obligor
may seek to contest arrearage figures on file with a CRA. If the obligor
contacts the division, s/he must do so in writing and clearly state the grounds
on which the arrearage figure is being contested. An administrative hearing
will not be held, but the division will review the case and respond to the
obligor regarding the results of the review.
(B) If the arrearage figure does change, the
CRA will be notified on the next monthly electronic file listing. If the CRA
representative contacts the division to verify the accuracy of information
which is disputed by the obligor, the division will then review the case for
accuracy in the same manner as if contacted directly by the obligor.
