Current through all regulations passed and filed through September 16, 2024
(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.
(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.
