Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-7 - OFFICE OF CHILD SUPPORT RECOVERY › Subject 290-7-1 - RECOVERY AND ADMINISTRATION OF CHILD SUPPORT › Rule 290-7-1-.19 - Administrative Hearing Procedures

Current through Rules and
				Regulations filed through June 27, 2024
(a) Under these Rules, administrative
				hearings before OSAH are available with regard to certain enforcement actions
				taken by or decisions made by the Department. The availability of an
				administrative hearing and the deadlines for seeking an administrative hearing
				are controlled by the specific Rule addressing the action in
				question.
(b) If an administrative
				hearing is available and is timely requested in accordance with the applicable
				Rule, the Department shall initiate an administrative hearing before OSAH by
				filing an "OSAH 1" form.
(c) An
				administrative law judge ("ALJ") shall be assigned by OSAH in accordance with
				OSAH rules or operating procedures.
(d) Any issue, procedure, process, or other
				matter related to administrative hearings that is not explicitly addressed in
				these Rules shall be controlled by the rules of OSAH.
(e) After the ALJ hears the evidence at
				hearing, the ALJ shall issue an administrative decision. The decision shall be
				deemed entered when it is filed with the Clerk of OSAH, and shall be mailed to
				all parties immediately upon entry.
(f) If no party or the Department seeks
				review of the decision, it becomes final 30 days after entry of the
				decision.
(g) If a party or the
				Department is aggrieved by the administrative decision and has exhausted his or
				her administrative remedies, the aggrieved party or the Department may file a
				petition for judicial review under O.C.G.A. §
				50-13-19 in either the superior
				court of his/her county of residence or in the Superior Court of Fulton County,
				within 30 days of the entry of a decision by the ALJ. NOTE: the procedure is
				slightly different for appealing an administrative decision affirming a tax
				refund intercept based upon an existing civil support order - an appeal of that
				type of action must be filed in the court that issued or registered the
				underlying child support order. See O.C.G.A. §
				19-11-18(e).
(h) The petition for judicial review must be
				served personally on the Commissioner in accordance with O.C.G.A. §
				49-2-15, or service shall be
				deemed defective and the petition for judicial review may be subject to
				dismissal by the court.
(i) As
				required by O.C.G.A. §
				50-13-19, judicial review shall be
				conducted by the court without a jury and shall be confined to the record made
				before the agency in accordance with the Georgia Administrative Procedure Act.
				The Commissioner or his designee shall file the administrative record with the
				court within 30 days of the Commissioner being served with the petition for
				judicial review personally by second original as required by law. The court
				shall not substitute its judgment for that of the agency as to the weight of
				the evidence on questions of fact.
(j) Any appeal of the administrative decision
				shall be limited solely to the issue of child support and shall exclude issues
				of visitation, custody, property settlement or other similar matters otherwise
				joinable by the parties.
(k)
				Neither an ALJ nor a superior court may retroactively modify a child support
				order nor eliminate arrearages accrued under a valid child support
				order.
O.C.G.A. §§
				  19-11-9.3(o),
				  19-11-24,
				  19-11-18.