SECTION 340:25-5-212. Financial institution data match reporting system

(a)   Legal basis. Oklahoma Department of Human Services Child Support Services (CSS) maintains a financial institution data match reporting system to identify noncustodial parents' (NCP) assets and issue levies on accounts of NCPs who are in noncompliance with an order for support. In maintaining the system, CSS follows Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, associated federal regulations, and state statutes. This Section establishes provisions necessary to implement Sections 666(a)(17) and 669A of Title 42 of the United States Code, Section 307.11 of Title 45 of the Code of Federal Regulations, and Sections 240.22 through 240.22G of Title 56 of the Oklahoma Statutes (56 O.S. §§ 240.22-240.22G). The definitions in 56 O.S. § 240.22A apply to the terms used in this Section.

(b)   Financial institutions.

(1)   All data supplied to CSS by financial institutions doing business in Oklahoma must be in accordance with the Financial Institution Data Match Specifications Handbook published by the federal Office of Child Support Enforcement.

(2)   A financial institution may charge an account levied on by CSS a fee of $20, per 56 O.S. § 240.22E(E), which is deducted from the account before the financial institution remits funds to CSS. If the levied funds are subsequently refunded by CSS because there is a mistake of identity or the obligor did not owe three months of child support at the time of the levy, CSS refunds any fee charged to the appropriate account holder.

(c)   Levies. Levies are for the total amount of past-due support per 56 O.S. § 237.7. Per 56 O.S. § 240.22G, CSS automatically issues a levy for each matched account unless the NCP has made voluntary payments of at least 75 percent of the court-ordered payment plan payments due over the last three full calendar months prior to the date of the levy. CSS considers a manual levy appropriate when there is evidence the NCP has funds subject to levy not previously considered by CSS in establishing the monthly court-ordered payment plan. CSS requests the financial institution not remit funds in an amount less than $50, unless otherwise ordered by the court.

(d)   Notice of levy and administrative review.

(1)   CSS sends a notice of levy to an NCP within three calendar days after sending the levy to the financial institution per 56 O.S. § 240.22G. The notice of levy includes:

(A)   instructions for the NCP or a non-obligated joint account holder to request an administrative review in writing;

(B)   a description of the grounds for requesting an administrative review;

(C)   a description of the review process; and

(D)   notice that failure to submit a timely request for review in writing means the levy is final.

(2)   It is the responsibility of the NCP to notify any joint account holder(s) of the levy.

(3)   Either the NCP or a non-obligated joint account holder may request an administrative review of the levy in writing after the date on the notice of levy per 56 O.S. § 240.22G.

(4)   A non-obligated joint account holder may request an administrative review in writing when the levied funds are not owned by the NCP.

(5)   Upon receipt of a request for an administrative review, CSS:

(A)   contacts the requesting party within three business days to:

(i)   notify the party the review has begun; and

(ii)   request further information as necessary;

(B)   completes the review as soon as possible, not to exceed three business days from receiving all necessary information; and

(C)   completes the review using the best information available when the party requesting a review does not provide the information requested by CSS within five business days of the request.

(6)   The purpose of the administrative review is to quickly resolve any obvious factual errors.

(7)   After the administrative review, CSS issues a notice of administrative review decision and information about requesting an administrative hearing.

(e)   Administrative hearing. Either the NCP or a non-obligated joint account holder may request a hearing before the Oklahoma Department of Human Services Office of Administrative Hearings: Child Support (OAH), by the date specified in the notice of administrative review decision. A request for an OAH hearing must be submitted in writing to the district office.

(f)   Release of funds from levy.

(1)   CSS releases funds from levy when the person requesting review of the levy submits sufficient and credible evidence at the administrative review that the source of the funds is:

(A)   Supplemental Security Income (SSI) or concurrent SSI and Social Security Disability Insurance (SSDI) benefits;

(B)   State Supplemental Payments (SSP) for Aged, Blind and the Disabled;

(C)   Temporary Assistance for Needy Families (TANF) benefits;

(D)   child support payments, when the obligor is the custodial person of a minor child(ren) and is receiving the payments as required by a court order; or

(E)   the property of the non-obligated account holder.

(2)   When the account contains funds from sources listed in (1) of this subsection as well as funds from other sources, CSS can levy the funds that are not from a source included in the list in (1) of this subsection.

(3)   Funds from a levy may be released, in full or in part, at the discretion of the state's attorney.

[Source: Added at 17 Ok Reg 685, eff 12-16-99 (preemptive); Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 22 Ok Reg 1221, eff 7-1-05; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 27 Ok Reg 1201, eff 7-1-10; Amended at 32 Ok Reg 1860, eff 9-15-15; Amended at 35 Ok Reg 1632, eff 9-17-18; Amended at 36 Ok Reg 1794, eff 9-16-19]