5101:12-60-05.3 The administrative review.

(A) A child support enforcement agency (CSEA) shall evaluate a case when it is determined that an administrative review may be required or a JFS 01849, "Request for an Administrative Review of the Child Support Order" (rev. 12/2008), is received. When the CSEA is required to conduct an administrative review, the CSEA shall initiate action to adjust the child support order in accordance with the guidelines.

(B) The CSEA is required to conduct an administrative review when:

(1) An administrative review is required pursuant to paragraph (A) or (B) of rule 5101:12-60-05.1 of the Administrative Code;

(2) Either party to the child support order requests an administrative review pursuant to paragraph (D) of rule 5101:12-60-05.1 of the Administrative Code;

(3) Either party requests an administrative review pursuant to paragraph (E) of rule 5101:12-60-05.1 of the Administrative Code and the requesting party submits sufficient evidence or information to support such a request; or

(4) The obligor requests an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative Code and the obligor submits sufficient evidence or information to support such a request.

(C) The CSEA is not required to conduct an administrative review when:

(1) Neither party resides in Ohio, unless the request is made in accordance with rule 5101:12-60-05.2 of the Administrative Code. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party to contact the IV-D agency in the requesting party's state of residence.

(2) It has been less than thirty-six months from the date of the most recent child support order and the CSEA determines that the request for the administrative review is a frequent request and there is no evidence to support the request. "Frequent request" is defined as more than one request for an administrative review per party in a three-month period. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party of the denial and the reason for the denial.

(3) It has been less than thirty-six months from the date of the most recent child support order and the CSEA determines that the requesting party has failed to provide evidence or information, in accordance with paragraph (E) of rule 5101:12-60-05.1 or paragraph (C) of rule 5101:12-60-05.2 of the Administrative Code, necessary to support the administrative review request. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party or the person appointed by the obligor as having military power of attorney of the denial and the reason for the denial.

(D) The CSEA shall complete the evaluation and make a determination of whether an administrative review is required to be conducted within the following time frames:

(1) No later than fifteen days after the following:

(a) The thirty-six month anniversary of the date of the most recent child support order when the CSEA is required to complete an administrative review pursuant to paragraph (A) of rule 5101:12-60-05.1 of the Administrative Code;

(b) The date the CSEA identifies that an administrative review is required pursuant to paragraph (B) of rule 5101:12-60-05.1 of the Administrative Code; or

(c) The date the CSEA receives a JFS 01849 from either party requesting an administrative review pursuant to paragraph (D) or (E) of rule 5101:12-60-05.1 of the Administrative Code.

(2) No later than three business days after receipt of a JFS 01849 from an obligor requesting an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative Code.

(E) The CSEA shall conduct the administrative review as follows:

(1) Within one hundred eighty days of receiving a JFS 01849 or locating the non-requesting party, whichever occurs later, the CSEA shall:

(a) Determine that the request for the administrative review does not meet the administrative review criteria and issue a JFS 07613, "Administrative Adjustment Review Denial Notice" (rev. 10/2007), to the requesting party that includes the reason for the denial, or

(b) Determine that the request for the administrative review does meet the administrative review criteria, schedule the administrative review in accordance with paragraph (E)(2) of this rule, and:

(i) Conduct the review to determine whether or not the child support order should be adjusted, or

(ii) Issue a JFS 01868, "Dismissal of Administrative Review Request" (7/2005), to dismiss the scheduled review:

(a) In accordance with paragraph (E)(3)(a) of this rule, or

(b) At the request of the requesting party before the date certain.

(2) When an administrative review is to be conducted, the CSEA shall schedule the review for a date that is at least forty-five days in the future and issue a JFS 07606, "Administrative Adjustment Review Notification" (rev. 8/2008), to the last known address of the parties at least forty-five days before the date certain.

(3) The parties are required to provide the CSEA with evidence of their income, available private health insurance, and any other relevant information necessary for the CSEA to properly review the child support order. The parties shall provide the required information no later than the date certain.

(a) Should the requesting party fail to submit the required information, the CSEA may issue a JFS 01868 to both parties indicating that the administrative review has been abandoned by the requesting party. Both parties have the right to submit a new JFS 01849.

(b) Should the non-requesting party fail to submit the required information, the CSEA shall proceed in accordance with section 3119.72 of the Revised Code.

(4) When the parties wish to conduct the administrative review sooner than the required forty-five-day time period and the CSEA has sufficient information to proceed with an administrative review, both parties must complete a waiver and submit the waiver to the CSEA. Upon receipt of the completed waivers, the CSEA shall conduct the administrative review on a date specified and agreed upon by both parties and the CSEA. When the parties and CSEA fail to agree upon a date, the administrative review shall occur on the date certain.

(5) It is not necessary for either party to be present at the administrative review.

Replaces: 5101:12-60- 05.3

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05