ESTABLISH ORDER

CS 371P Case Preparation for Administrative Hearing

10/82 Revised 02/16/06 Training Completed 03/02/06

 

 

Procedures

   

When it is appropriate to refer a case to the Office of Administrative Hearings (OAH), use the “Administrative Hearing Check List” as a guideline in preparing the case for the hearing.

 

The Presiding Officer is responsible for completing the steps listed on the top half of the form and submitting the form with the hearing request and associated documents to the OAH.

 

The agent is responsible for completing the steps listed on the bottom half of the form as described below. 

 

1.                   The agent ensures that the documents required as evidence in the hearing are complete and up-to-date.  They will be submitted as evidence at the hearing.  Documents required at a hearing are listed below.

a.                   Copies of any and all existing orders including any subsequent modifications relating to the child support obligation.

b.                  A copy of the “Assignment of Collection of Support Payments” executed by the custodial parent (CP), or the “Application for Non-IV-A Child Support Enforcement Services.”

c.                   “Assigned Arrears Worksheet.”

d.                  A certified copy of child support payments made to the County Clerk, if applicable.

e.                  A copy of the completed “Arrearage Assessment Computation,” if applicable.

f.                    Evidence of the respondents’ ability to provide support (employment verification, verification of earnings, state tax records, etc.).

 

2.                   Either the agent or the senior agent, whoever is presenting the State’s evidence at the hearing, is responsible for notifying the witnesses by phone or sending a letter informing them of the time and place of the hearing and confirm their attendance.  Witnesses who are not a party to the action shall be reimbursed the same amount as if they were appearing in District Court. Contact the clerk of the District Court for current rates for witness fees.

If a respondent is represented by an attorney and an AG will be presenting the State’s evidence, the agent or senior agent who will be attending the hearing is responsible for confirming the hearing date and time with the AG and for scheduling a prehearing meeting to review the case.

 

3.                   Request that the OAH send notice of the hearing to both respondents.

 

4.                   The agent/senior agent who will be attending the hearing is responsible for providing a copy of the evidence to the OAH and the respondents.  If the hearing is going to be held telephonically, mail the “Telephonic Hearing Cover Letter” to the OAH and/or the “Telephonic Hearing Obligor Cover Letter” to the respondent(s) with copies of all documents that you plan to submit as evidence.  Mail all documents to each party that will be participating telephonically at least 14 days prior to the date of the hearing so that all parties have the copies at the time of the hearing.  Even documents that were submitted to OAH as part of the hearing request must be provided to all parties in order to be considered as evidence presented during the hearing.  Documents presented to OAH outside of the hearing may not be considered during the hearing and documents may not be presented as evidence after the hearing.

 

NOTE:  OAH may be able to conduct telephone hearings with prison inmates, depending on the willingness of the prison to facilitate the hearing. Send OAH the hearing request and information about the respondent and his/her inmate number, and OAH will contact the prison to try to have the hearing approved.  Jails normally do not allow hearings unless they are holding a long-term inmate under contract for the prison.  If a hearing for an inmate is not possible, dismiss the Notice of Agency of Action (NAA) and refer the case to the Attorney General’s Office (AGO) to proceed judicially on the case.

 

5.                   If either respondent has requested their information be safeguarded, clearly mark all documents being submitted to OAH.  

 

 

Dismissing a Hearing Request

 

If the case circumstances change before the scheduled hearing and an administrative hearing is no longer appropriate, you must send the “Motion to Dismiss Request” to OAH, wait for OAH to approve or deny the Motion to Dismiss, then proceed with the next appropriate action on the case.  Examples of reasons to dismiss may include:

 

1.                   an adoption took place while waiting for the hearing;

 

2.                   a respondent provided genetic test results showing he was not the father while waiting for the hearing; or,

 

3.                   the parents file a judicial action while waiting for the hearing.

 

NOTE:  By forwarding a Request for Hearing to the OAH, CSS transfers responsibility to the OAH to appoint an Administrative Hearing Officer (AHO) or an Administrative Law Judge (ALJ) to act as Presiding Officer at an administrative hearing and CSS employees return to an advocate role.  Once a hearing request has been forwarded to OAH, it is no longer appropriate for the agent or senior agent/former Presiding Officer to finalize a stipulation with the respondents.  If the respondents wish to stipulate after the OAH request, the Presiding Officer appointed by OAH must approve any stipulations.