ESTABLISH ORDER

CS 382P Reconsideration

08/88 Revised 08/28/08 Training Completed 05/18/04

UCA 63G-4-302

 

Statute and Introduction

 

Utah Code Annotated UCA 63G-4-302.  Agency review -- Reconsideration.
     (1) (a) Within 20 days after the date that an order is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavailable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the agency, stating the specific grounds upon which relief is requested.
     (b) Unless otherwise provided by statute, the filing of the request is not a prerequisite for seeking judicial review of the order.
     (2) The request for reconsideration shall be filed with the agency and one copy shall be mailed to each party by the person making the request.
     (3) (a) The agency head, or a person designated for that purpose, shall issue a written order granting the request or denying the request.
     (b) If the agency head or the person designated for that purpose does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.”

One or two-parent orders with the participation option for at least one of the respondents are subject to reconsideration if a request is made in writing by the participating respondent or by a CSS agent within 20 days after the final order is issued.  In addition, “Orders Denying Motions to Set Aside Default Orders,” and “Decisions and Orders Based on Genetic Test Results” which have been issued by the Office of Recovery Services/Child Support Services (ORS/CSS are subject to reconsideration if a request is made in writing within 20 days after the final order is issued.  There is no specific form required for requesting reconsideration; however, the request for reconsideration must be in writing, must state specific grounds upon which relief is requested, and must provide the evidence to support the grounds for relief.

 

A respondent to the action or CSS may request reconsideration of an Administrative Hearing Order issued by the Office of Administrative Hearings (OAH) within 20 days after the final order is issued.  If you believe an Administrative Hearing Order should be reconsidered, follow the procedures listed in the Procedures:  Request Initiated by CSS section below.

 

Procedures: Request for Reconsideration Received From Respondent(s)

 

If you receive a request for reconsideration from a respondent, take the following steps. 

 

1.                  Forward the request to the appropriate Presiding Officer.

a.                   Order issued by CSS:  Forward the request to the Presiding Officer who issued the order.  The Presiding Officer will review the request and determine whether to grant reconsideration.

b.                  Order issued by the Office of Administrative Hearings (OAH):  Forward the request to the Administrative Law Judge (ALJ) or an Administrative Hearing Officer (AHO) in OAH who issued the order.  OAH will review the request and determine whether to grant reconsideration.  If OAH grants reconsideration of an Administrative Hearing Order, prepare the case thoroughly for the hearing, since this will likely be the only opportunity for covering all issues.

 

2.                  Limit enforcement activity on the case.  Once a request for reconsideration is received from a non-custodial parent respondent (the parent who does not have physical custody), you must limit enforcement activity during the reconsideration review.

 

Exception:  If the respondent requests reconsideration of an “Order Denying the Motion to Set Aside Default,” you may continue enforcement action until and unless a decision is made to set aside the Default Order.  If the Default Order is set aside and it will not be replaced by a new order, you must stop enforcement action.

3.                  Grant or deny the request for reconsideration.  The Presiding Officer who issued the original order will grant or deny the request for reconsideration as soon as possible upon receipt of the request.

a.                   Request Denied:  If you, as the Presiding Officer, deny the request for reconsideration, issue an “Order Denying Respondent’s Request for Reconsideration.”  Send a copy of the order to both parties on the case, even if only pursuing an order against one parent.  This form ends the reconsideration process, and the post-order team can resume all enforcement activity on the original order as written.

b.                  Request Granted:  If you grant the request for reconsideration, issue an “Order Granting Respondents Request for Reconsideration.”  Send a copy of the order to the both parties on the case, even if only pursuing an order against one parent.  This form indicates that CSS will look at the evidence again; it does not end the reconsideration process. 

c.                   Request neither Granted nor Denied:  If the Presiding Officer neither grants nor denies the request within 20 days, the request is considered to be denied and the original order stands.  The post-order team can resume all enforcement activity on the original order as written.

 

4.                  Consider the evidence.  If the request for reconsideration is granted, the Presiding Officer who issued the order will:

a.                   review the basis for the original order;

b.                  review the evidence submitted with the request for reconsideration;

c.                   obtain additional information by phone or letter, if needed; and/or,

d.                  schedule a second conference, if needed, to gather all necessary information and to facilitate a full reconsideration.

 

5.                  Make a reconsideration determination and issue the appropriate order.  The reconsideration order issued will depend on the type of original order and if the original order is upheld or changed.

a.                   Original order upheld:  If you, as the Presiding Officer, determine that the original order should be upheld, issue an order affirming the original order.  Choose the correct “affirming” order  based on the type of original order as follows:   

i.                     One or two-parent child support order:  Issue the “Judgment and Order Based on Reconsideration:  Order Affirmed.”

ii.                   “Order Denying Motion to Set Aside Default”:   Issue the “Judgment and Order Based on Reconsideration:  Order Affirmed,”

iii.                  “Decision and Order Based on Genetic Test Results”:  Issue the “Decision and Order Based on Reconsideration” choosing the reconsideration and order affirmed options.

b.                  Original order changes:  If you, as the Presiding Officer, determine that the original order should change based on the evidence presented during reconsideration, issue the order amending the original order as follows:

i.                     One or Two-parent child support order:  Issue the “Judgment and Order Based on Reconsideration:  Child Support.”  This order contains all of the options to create a new, enforceable, child support order based on the evidence presented during reconsideration.  Post-order teams may begin enforcing on the new order once it is issued.

 

NOTE:  If the evidence results in a change to the worksheet that would increase the obligation of one of the parties to an amount higher than that in the original Notice of Agency Action, you must send out an amended NAA to both parties.  The amended NAA may be sent by first class mail to the address where the Notice of Agency Action was served.  If you know that a party has moved, send the NAA to the new address by certified mail.  Follow all UAPA procedures and timeframes as explained in the Establish Order sections of Volume 2.  You do not need to send an amended NAA if the change in the worksheet would lower the amounts for both parents or if both parents will sign a stipulation agreeing to the higher amounts.

ii.                   “Order Denying Motion to Set Aside Default”:  Issue the “Order to Set Aside Award.”.  Since the original order is being set aside, begin the appropriate process to establish a new child support order, including service of a Notice of Agency Action if the original NAA is also being set aside.

iii.                  “Decision and Order Based on Genetic Test Results”:   Issue the “Decision and Order Based on Reconsideration” using the reconsideration options and the option to disestablish paternity.  If paternity is disestablished, begin the appropriate process to establish paternity against another consort, if possible.

 

6.                  Resume enforcement activity if the original order is upheld or a new order is established.

 

If a respondent does not agree with the reconsideration determination, the respondent may file for judicial review of the administrative order.  A respondent may file for judicial review of an administrative order without requesting reconsideration first; reconsideration is not a prerequisite for judicial review.

                                                                          

Procedures: Request for Reconsideration of OAH Order Initiated By CSS

 

Occasionally it may be necessary for CSS to pursue reconsideration of an Office of Administrative Hearing (OAH) order.  For example, the order does not address an item requested in the Notice of Agency Action or something in the order is inconsistent with Utah law.  A request for reconsideration must be made within 20 days of the order being issued by OAH.  If you believe it may be appropriate to request reconsideration of an OAH order, refer to the steps listed below. 

 

1.                  Review the case and the order with your manager and Associate Regional Director (ARD) and/or Regional Director (RD).  This review decides whether CSS should pursue reconsideration of the order.  If a request for reconsideration is deemed inappropriate, the order should be enforced as written.  Otherwise, proceed to the next step.

 

2.                  Generate the “ORS/CSS Request for Reconsideration of Administrative Hearing Order.”  Provide this form to the RD, who will discuss the merits of the case with the CSS Director and possibly the CSS Policy Analyst Unit (PAU).  If the CSS Director does not approve the request for reconsideration by signing form, do not pursue reconsideration further, and enforce the order as written.  If the CSS Director approves the request, the signed form will be signed and returned to you for the next step.

 

3.                  Generate the “Notification of Request for Reconsideration or Motion to Amend Administrative Hearing Order.”  Prepare a copy for each respondent named in the order. 

1.                  Send the original, signed Request for Reconsideration to OAH. 

 

2.                  Send copies of all forms to each respondent named in the order.  Mail the forms by first-class mail. 

 

3.                  Monitor for response from OAH.  OAH will review the request and issue a written order granting the request or denying the request within 20 days.  If the OAH does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.

a.                   Request Granted:  Prepare the case thoroughly for any possible hearing as this will likely be the only opportunity to address all issues.  Attend any scheduled hearings.  Monitor for the order based on reconsideration. 

b.                  Request Denied:  Add the existing support order to ORSIS and begin enforcement activity.