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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