ADMINISTRATIVE REVIEW AND REQUEST FOR AGENCY ACTION (RAA)

CS 090P RAA Overview

09/14/00 Revised 05/16/07 Training Completed 05/310/07

UCA 63-46b-3(3)

 

Statutory Authority

 

UCA 63-46b-3(3) states:

  “(a) Where the law applicable to the agency permits persons other than the agency to initiate adjudicative proceedings, that person's request for agency action shall be in writing and signed by the person invoking the jurisdiction of the agency, or by that person's representative, and shall include:
     (i) the names and addresses of all persons to whom a copy of the request for agency action is being sent;

     (ii) the agency's file number or other reference number, if known;
     (iii) the date that the request for agency action was mailed;
     (iv) a statement of the legal authority and jurisdiction under which agency action is requested;
     (v) a statement of the relief or action sought from the agency; and
     (vi) a statement of the facts and reasons forming the basis for relief or agency action.
     (b) The person requesting agency action shall file the request with the agency and shall mail a copy to each person known to have a direct interest in the requested agency action.
     (c) An agency may, by rule, prescribe one or more forms eliciting the information required by Subsection (3)(a) to serve as the request for agency action when completed and filed by the person requesting agency action.
     (d) The presiding officer shall promptly review a request for agency action and shall:
     (i) notify the requesting party in writing that the request is granted and that the adjudicative proceeding is completed;
     (ii) notify the requesting party in writing that the request is denied and, if the proceeding is a formal adjudicative proceeding, that the party may request a hearing before the agency to challenge the denial; or
     (iii) notify the requesting party that further proceedings are required to determine the agency's response to the request.
     (e) (i) Any notice required by Subsection (3)(d)(ii) shall contain the information required by Subsection 63-46b-5(1)(i) in addition to disclosure required by Subsection (3)(d)(ii).
     (ii) The agency shall mail any notice required by Subsection (3)(d) to all parties, except that any notice required by Subsection (3)(d)(iii) may be published when publication is required by statute.
     (iii) The notice required by Subsection (3)(d)(iii) shall:
     (A) give the agency's file number or other reference number;
     (B) give the name of the proceeding;
     (C) designate whether the proceeding is one of a category to be conducted informally according to the provisions of rules enacted under Sections 63-46b-4 and 63-46b-5, with citation to the applicable rule authorizing that designation, or formally according to Sections 63-46b-6 to 63-46b-11;
     (D) in the case of a formal adjudicative proceeding, and where respondent parties are known, state that a written response must be filed within 30 days of the date of the agency's notice if mailed, or within 30 days of the last publication date of the agency's notice, if published;
     (E) if the adjudicative proceeding is to be formal, or if a hearing is to be held in an informal adjudicative proceeding, state the time and place of any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fails to attend or participate in a scheduled and noticed hearing may be held in default;
     (F) if the adjudicative proceeding is to be informal, and a hearing is required by statute or rule, or if a hearing is permitted by rule and may be requested by a party within the time prescribed by rule, state the parties' right to request a hearing and the time within which a hearing may be requested under the agency's rules; and
     (G) give the name, title, mailing address, and telephone number of the presiding officer.”

 

The Request for Agency Action (RAA) process applies in a case situation when the Office of Recovery Services/Child Support Services (ORS/CSS) sends a notice to a non-custodial parent (NCP) or custodial parent (CP) about a determination CSS has made or an action CSS is taking, and the NCP or CP wants to contest that determination or action. The RAA process is different from the Notice of Agency Action (NAA) process, in that the RAA process involves an adjudicative proceeding that is initiated by someone other than CSS.  In order for the RAA process to commence, the individual contesting the action must request an adjudicative proceeding.  RAA adjudicative proceedings fall under the Utah Administrative Procedures Act (UAPA) found at UCA 63-46b-3(3).  “RAA” is strictly a UAPA term.

 

An individual may also contest a determination or action by requesting an informal “administrative review.”  The administrative review option is outside the RAA/UAPA process.  Exception:  An individual may NOT request an administrative review when contesting the release of case information. 

 

Options after Receiving the “Initial Notice”

 

After the NCP/CP receives the “Initial Notice” (or other method of notice, e.g., paycheck deduction indicating a change in the arrears payment) informing him/her of the determination CSS has made or the action CSS is taking, the NCP/CP may take one of the actions listed below.

 

1.                  Do as the notice indicates.  For example, pay the debt as demanded; cooperate so that CSS may take the next action on the case, etc.

 

2.                  Do nothing.  For example, if the NCP receives the “Annual Notice of Past-due Child Support” and does not respond, collection actions would begin/continue on the past-due amount listed in the notice.

 

3.                  Contest the “Initial Notice” by taking one of the actions listed below.

a.                  Request an Administrative Review.  The NCP/CP calls, writes, comes into the office, or requests an administrative review on the appropriate “Written Request for Review” form. 

NOTE:  No administrative review is conducted on Release of Information actions. 

b.                  Request an Adjudicative Proceeding.  The NCP/CP makes a written request for an adjudicative proceeding under UAPA, preferably on the “Written Request for Review” form.  Refer to the “Adjudicative Proceeding” section below and the corresponding CSS Volume 2 sections for detailed information.  A Presiding Officer (Quality Assurance Specialist) will make a determination and issue a “Decision and Order”.  A Decision and Order that has been issued by CSS is subject to reconsideration if a request is made in writing within 20 days after the Decision and Order is issued.

c.                   Go to Court.  The NCP/CP files a court action. 

 

If the contesting party marks both the Administrative Review and the Adjudicative Proceeding, conduct an Administrative Review.  The contesting party can then request an Adjudicative Proceeding if s/he does not agree with the outcome of the Administrative Review.

 

If the contesting party requests an Administrative Review or an Adjudicative Proceeding by completing the appropriate “Written Request for Review” form, the form also instructs the party to indicate whether s/he plans to attend the review or proceeding in person.  If the party indicates that s/he plans to attend the review/proceeding in person, the agent/PO will send the party the “Request for Review Appointment Letter” to notify the party of the date, time and place for the review/proceeding.  If the party indicated on the request for review form that s/he will be represented by an attorney, send a copy of the appointment letter to the attorney.  If the party does not appear for the review/proceeding, continue with the available evidence. 

 

NOTE:  A party may participate by telephone when appropriate.

 

The “Written Request for Review” form also instructs the party to return any written evidence with the form that supports his/her claim; however, the contesting party may present evidence at the time of the review/proceeding instead of or in addition to providing it in advance. 

 

Adjudicative Proceeding

 

The person receiving the “Initial Notice” may request an adjudicative proceeding under UAPA within 15 days of the “Initial Notice” (see exception below) or within 15 days of receiving the senior agent’s “Determination Notice”. 

 

Exception:  If the NCP is requesting an adjudicative proceeding for an “Annual Notice of Past-due Child Support Notice” and an administrative review has not been conducted, s/he has 30 days to make the request.

 

The request for an adjudicative proceeding must be in writing, preferably on the appropriate “Written Request for Review” form.  If the NCP/CP or his/her attorney requests an adjudicative proceeding in writing but not on the appropriate “Written Request for Review” form, the request must contain specific items required by Utah law (UCA 63-46b-3(3)).  Provide the attorney with the appropriate “Written Request for Review” form and let him/her select the type of review.

 

If the NCP/CP requests an adjudicative proceeding under UAPA, the Presiding Officer (PO), not the responsible agent, must conduct the review.  The PO is your Regional Quality Assurance Specialist (QA)