SECTION 340:25-5-225. Formal and informal review procedures for federal offset programs

(a)   Procedures for requesting and conducting formal and informal reviews of federal tax and administrative offsets are governed by the provisions of Section 303.72 of Title 45 of the Code of Federal Regulations. If the initial annual notice process under Section 237A of Title 56 of the Oklahoma Statutes and OAC 340:25-5-213 has been completed, the Child Support Enforcement Division (CSED) refers the noncustodial parent for federal tax offset or administrative offset without additional notice. Subsections (b) through (h) of this Section describe procedures for reviews in Oklahoma when the initial annual notice process has not been completed.

(b)   A noncustodial parent whose payments are referred for offset may request a review as instructed in the notice. The review must be requested within the time specified in the notice of offset.

(c)   The noncustodial parent may contest the referral for offset based on a mistake of identity or a mistake of fact.

(d)   The informal review process is an administrative review conducted under Section OAC 340:25-5-200.1.

(e)   The notice of the administrative review decision includes instructions for requesting a formal review, administrative hearing.

(f)   Unless CSED receives a request for administrative hearing within 15 days after the date on the notice of administrative review decision, the administrative review decision becomes the final agency decision.

(g)   Upon timely receipt of a request for an administrative hearing, CSED schedules the matter for an administrative hearing before the Office of Administrative Hearings: Child Support (OAH). OAH conducts a hearing and enters an order determining the contested issues.

(h)   The administrative order may be appealed to the district court within 30 days by any aggrieved party.

[Source: Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 23 Ok Reg 1842, eff 7-1-06]