CASE MANAGEMENT

CS 059-2 Applicant/Recipient Cooperation IV-A Administrative Review, Adjudicative Proceeding

10/87 Revised 08/23/16 Training Completed 09/06/16

R527-039, R527-200; U.C.A. 62A-11-304.2(1)(h) and 307.2, 63G-4-201(3)

 

 

Procedures – Administrative Review

 

The IV-A applicant/recipient must contact the Office of Recovery Services/Child Support Services (ORS/CSS) within 15 days of the date of the non-cooperation notice to request an administrative review.  An administrative review is outside the formal RAA/UAPA process and gives an individual the option to try to resolve disputed issues informally with CSS.

 

If an administrative review is requested based on an agent determination of non-cooperation, the designated Senior Agent will conduct the review to try to resolve the issue(s) informally.  The Senior Agent must complete the review as soon as possible by taking all of the steps listed below.

 

1.                   Determine the case(s) in dispute.  If the applicant/recipient has more than one IV-D case, determine the appropriate case (or cases).  If more than one case is involved, you must handle the review for each case separately.

 

2.                   Review the case(s) for appropriate actions.  During the review time period, continue to work the case to the maximum extent possible.

 

3.                   Gather evidence.  The applicant/recipient must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence. 


The applicant/recipient may wish to appear in the office to provide and/or dispute evidence.  If the “Request for Review: Non-cooperation” has been marked to indicate that the applicant/recipient want to appear in person at the review, send the “Request for Review Appointment Letter” to him/her.  If the applicant/recipient has retained an attorney, s/he may also attend the review.

 

4.                   Make a determination.  Review the available facts and evidence and determine if the applicant/recipient’s claims are valid.    Remember that if the applicant/recipient is not able to meet the cooperation requirements, s/he may still be able to provide information or documentation that supports a finding of “cooperating in good faith”, which constitutes a finding of cooperation.” 

 

During the review, consult with the Agent who made the initial non-cooperation determination and the Team Manager.  If the three of you (you, the agent, and the Team Manager) do not agree on the final determination decision, contact the Associate Regional Director and/or Regional Director for assistance. 

 

5.                   Generate the “Non-cooperation Review Determination” notice.

a.                   Generate the notice to the applicant/recipient and the “Written Request for Review: Non-cooperation” form.  The notice provides the applicant/recipient with;

i.                     The result of the administrative review; and,

ii.                   explains his/her options for appeal.  The applicant/recipient may appeal the decision by making a written request for an adjudicative proceeding by completing the appropriate form or s/he may file an action in court. 

 

NOTE:  When/if the applicant/recipient has more than one case involved in the review, generate a separate notice for each case. 

iii.                   

b.                  Send the documents to the applicant/recipient by first-class mail. 


Upon receipt of the notice, the applicant/recipient may request an adjudicative proceeding under UAPA within 15 days, or take the matter to court within 30 days.   

6.            Take the appropriate follow-up action. Depending on the outcome of the review, take the next appropriate follow-up action; e.g., release the non-cooperation.

a.            Cooperation – If the final determination shows that the custodial parent (CP) is cooperating or has not met the cooperation requirements, but is cooperating in good faith with CSS, release the non-cooperation determination. 

b.            No-Cooperation – Continue to work the case to the maximum extent possible pending the applicant/t recipient’s cooperation.

 

7.            Write a case narrative.  Write a detailed narrative for each case reviewed.  Include the determination and all actions taken.

 

Upon receipt of the notice, the applicant/recipient may request an adjudicative proceeding under UAPA within 15 days, or take the matter to court within 30 days. 

 

 

Procedures – Adjudicative Proceeding

 

The IV-A applicant/recipient may request an adjudicative proceeding under the Utah Administrative Procedures Act (UAPA) within 15 days of the original non-cooperation notice or within 15 days of receiving the senior agent’s administrative review decision.  If the IV-A applicant/recipient requests an adjudicative proceeding under UAPA, complete the steps below.

 

1.                   Review the case(s) for appropriate actions.  Continue working the case to the maximum extent possible during the adjudicative proceeding. 

 

2.                   Compile the state’s evidence.  Gather the facts and evidence from the CSS case narratives and necessary document from Content Manager and present it to the Presiding Officer (PO).  The regional Quality Assurance Specialist is the PO.

 

3.                   Presiding Officer responsibilities.

a.                   Gather the applicant/recipient’s evidence.  The applicant/recipient must provide written evidence to support his/her claim.  If you do not receive the applicant’s/recipient evidence within 30 days, proceed with the review and make a determination based on the available facts and evidence. 


The applicant/recipient may wish to appear in the office to provide and/or dispute evidence.  If the “Request for Review: Non-cooperation” has been marked to indicate that the applicant/recipient wants to appear at the adjudicative proceeding, send the “Request for Review Appointment Letter” to him/her.  The notice informs the applicant/recipient of the date and time of the review.  If the applicant/recipient has retained an attorney, s/he may also attend the review.

b.                  Make a determination and issue a Decision and Order.

i.                    Consider all of the facts and evidence presented by the agent and the applicant/recipient, and make a determination.  Remember that if the applicant/recipient is not able to meet the cooperation requirements, s/he may still be able to provide information or documentation that supports a finding of “cooperating in good faith,” which constitutes a finding of cooperation.” 

 

Before issuing a Decision and Order, you may wish to consult with the team supervisor or your supervisor.  If a policy question is raised, contact the CSS Policy Analyst Unit supervisor.

ii.                   Generate and issue the “Decision and Order: Adjudicative Proceeding Non-Cooperation” for each case, which also includes the “Decision and Order Cover Letter”.  The order notifies the applicant/recipient of the:

A.                  adjudicative proceeding decision; and,

B.                  his/her options for appeal.  The applicant/recipient may request reconsideration or file a court action.  Fore more information on these options, refer to the corresponding sections below.

c.                   Process the Decision and Order.

i.                     Sign and date the order.  The order allows 20 days form the date of the order to request reconsideration of the determination.

ii.                   Mail a copy of the order and the letter by first class mail or personally deliver a copy of the to the applicant/recipient. 

iii.                  Mail a copy of the order and the “Courtesy Copy of Administrative Order” by first class mail to the applicant/recipient’s attorney, if s/he is represented by legal counsel.

d.                  Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action; e.g., release the non-cooperation.

i.                     Cooperation – If the final decision show that the custodial parent (CP) is cooperating or has not met the cooperation requirements, but is cooperating in good faith with CSS, release the non-cooperation determination.

ii.                   No-Cooperation – Continue to work the case to the maximum extent possible pending the applicant/recipient’s cooperation.

e.                  Write a case narrative.  Document the rationale used for making the decision based on the facts and evidence and any follow-up action taken on the case. 

 

A Decision and Order that has been issued by CSS is subject to reconsideration if the applicant/recipient makes a written request within 20 days after the Decision and Order was issued.  Refer to the section below for more information.

 

 

Procedures – Reconsideration

 

“Decision and Orders” that have been issued by CSS are subject to reconsideration if a request is made in writing within 20 days after the “Decision and Order” is issued.  There is no specific form required for requesting reconsideration.  However, a request must be in writing and must state specific grounds upon which relief is requested. 

 

If you receive a request for reconsideration, forward it to the Presiding Officer (PO) responsible for the “Decision and Order.”  The PO is responsible for taking the steps listed below.

 

NOTE:  If the request for reconsideration is received in the office (e.g., dropped off at the front desk, or brought in as an interview), forward the request to the Central imaging Unit (CIU) to be imaged as “Mail”. 

 

1.                   Review the case for appropriate actions.  Continue working the case to the maximum extent possible. 

 

2.                   Grant or deny the reconsideration request. 

a.                   Deny Reconsideration:  If you deny the request for reconsideration, complete the following:

i.                     Issue the “Order: RAA Reconsideration Denied”, sign and date the order. 

NOTE:  The “Order Denying Reconsideration” provides the applicant/ recipient with information about his/her appeal options.

ii.                   Mail a copy of the order to the applicant/recipient by first class mail.  Include the “Courtesy Copy of Administrative Order” 

b.                  Grant Reconsideration:  If you grant the request for reconsideration, complete the following:

i.                     Issue the “Order: RAA Reconsideration Granted”)/“Order: RAA Reconsideration Granted”, sign and date the order. 

 

NOTE:  The order provides the applicant/recipient with his/her options for appeal.

ii.                   Review the facts and evidence of the case, as well as any new pertinent information received from the applicant/recipient. 

iii.                  Issue the “Order Based on Reconsideration: Non-cooperation”.  The order affirms or amends the original “Decision and Order”. 

 

NOTE:  A conference may be conducted to facilitate full reconsideration.

iv.                 Mail a copy of the order to the applicant/recipient by first class mail. 

v.                   Mail a copy of the order and the “Courtesy Copy of Administrative Order” by first class mail to the applicant/recipient’s attorney,  if s/he is represented by legal counsel.

c.                   Neither Grant nor Deny Reconsideration:  If the request for reconsideration is not granted or denied within 20 days, the request is considered denied and the original “Decision and Order” stands.

 

3.                   Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action. 

 

4.                   Write a case narrative.  Document all actions taken on the case and the reason(s) for those actions.

 

If the CP wants to appeal the reconsideration decision or the new order based on reconsideration, s/he may file a court action.  Reconsideration is not a prerequisite for a court action. 

 

Procedures – Court Action Filed

 

The applicant/recipient may choose to file his/her own court action instead of, or in addition to, requesting an administrative review or an adjudicative proceeding.  The applicant/recipient must provide CSS with evidence that an action has been filed. The evidence of the filing will generally be notice of the legal pleadings.  Once you are notified of the applicant/recipient’s court filing, send a referral packet to the Attorney General’s Office (AGO). 

 

Continue to work the case to the maximum extent possible unless collection or enforcement is stayed by a court order.