Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 25 - Child Support Services
Subchapter 1 - Scope and Applicability
Section 340:25-1-5.1 - Administrative complaint procedure

Universal Citation: OK Admin Code 340:25-1-5.1

Current through Vol. 42, No. 1, September 16, 2024

(a) Purpose and scope.

(1) The administrative complaint procedure is for Oklahoma Department of Human Services (OKDHS), Oklahoma Child Support Services (OCSS) IV-D customers. OCSS:
(A) represents the state's economic interest in children;

(B) does not represent parents, custodial persons, or children. Parents and custodial persons may apply for OCSS services, and OCSS enforces the duties of parents to support their children; and

(C) considers parents and custodial persons as customers, and treats them with dignity and respect.

(2) The administrative complaint procedure is established under Section 303.35 of Title 45 of the Code of Federal Regulations and is available to Oklahoma customers and those from other states. The purpose is to provide:
(A) OCSS customers an opportunity to raise concerns about services or treatment received, request an administrative review, and take appropriate action when there is evidence that an error occurred, or an action should have been taken on their case;

(B) customers a fast and effective procedure for reviewing issues that have no other review process. The intent of the complaint procedure is to provide customers a process to have their cases reviewed and not to require formal administrative hearing processes or adjudication of complaints; and

(C) an informal rather than a formal hearing process. It does not replace or extend other child support enforcement processes, such as court processes, that are established by federal or state statutes, rules, or regulations. The complaint process is intended to remedy errors, not to allow individuals to dictate action in a case.

(b) Procedure.

(1) Step 1. OCSS encourages any customer with a complaint about an OCSS district office or state office center to address the complaint orally or by letter, fax, or email to the OCSS district or state office for resolution. Interstate customers express their concerns to the IV-D agency in the state where they applied or were referred for services.

(2) Step 2.
(A) If the customer receives no response or is dissatisfied with the response from the OCSS district or state office, the customer may contact Oklahoma Child Support Services, Attention: Center for Customer Services (CCS), P.O. Box 248822, Oklahoma City, Oklahoma 73124-8822 by mail, fax to 405-522-3685, email OCSS.Contact.CustomerOutreach@okdhs.org, or telephone 405-522-5871. The customer may describe the complaint on Form 03EN012E, Child Support Comments, available upon request by telephone, at a district office, or on the OKDHS website, that elicits the information listed in (i) through (ix), or by letter, fax, or email, including:
(i) first and last name;

(ii) standing of the person submitting the complaint, for example, the noncustodial parent, custodial person, biological parent, or an attorney of record or authorized representative on behalf of the noncustodial parent, custodial person, or biological parent;

(iii) the first and last names, mailing address, and telephone number of the attorney of record or authorized representative, if any;

(iv) Social Security number;

(v) child support case number;

(vi) mailing address;

(vii) telephone number;

(viii) an explanation, including names of people and locations, dates, and times of incidents; and

(ix) a description of the desired action to resolve the complaint.

(B) The CCS refers complaints about cases to the OCSS district office or state office center for administrative review. The district office or state office center conducts the administrative review and notifies the customer of the review's results and any actions taken within five days after CCS sends the written complaint. The method of notification is requested by the customer. If contact in the manner requested by the customer is unsuccessful, written notification is mailed.

(3) Step 3. If the customer is dissatisfied with the response, the customer may ask for further review by submitting a request to the CCS. This request for review may be made by telephone, letter, fax, or email.
(A) The division director or a designee reviews the complaint, the administrative review of the complaint, and any action taken.

(B) Within five days after CCS receives the written request for further review, OCSS notifies the customer and the district office or state office center of the results and any actions taken. The method of notification is requested by the customer. If contact in the manner requested by the customer is unsuccessful, written notification is mailed. The result of this review is the final decision of OCSS.

Added at 18 Ok Reg 3609, eff 10-1-01 (preemptive); Amended at 19 Ok Reg 1746, eff 7-1-02; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 28 Ok Reg 812, eff 7-1-11; Amended at 29 Ok Reg 765, eff 7-1-12

Disclaimer: These regulations may not be the most recent version. Oklahoma 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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