Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.006 - Request for Reconsideration

Current through Reg. 50, No. 138; July 16, 2024
(1) A recipient
				of collection and distribution services of the department's Child Support
				Enforcement Program may request a reconsideration regarding the amount
				collected, the date collected, the amount distributed, the distribution timing,
				or the calculation of arrears. A reconsideration is a desk review to allow the
				department to investigate the recipient's concerns and correct any errors prior
				to a hearing.
(2) Requests for
				reconsideration shall be made on the Request for Reconsideration (CS-POF4).
				Form CS-POF4, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-14344
),
				is incorporated herein by reference effective 06/22. If the request concerns
				information reported by the department on a collection notice, the request for
				reconsideration form must be received by the department within 60 days of the
				mailing date of the collection notice. If the request concerns collection or
				distribution information not referenced on the most recent collection notice,
				the request for reconsideration form must be received by the department within
				60 days of the date the form is provided to the recipient.
(3) The department must issue a written
				decision on the reconsideration process within 20 days of receipt of a complete
				and timely request for reconsideration form.
(4) The reconsideration process will include
				a review by a case analyst or case analyst supervisor. The recipient may choose
				to be present for the review, or may have a person represent them at the
				review, provided the representative has written approval from the recipient. At
				the time of the review, the recipient and/or the recipient's representative,
				may present additional information regarding the issue being reviewed. The
				recipient, and/or the recipient's representative, may appear by
				telephone.
(5) On request, the
				department will provide the recipient one free copy of case file information
				that directly relates to the issue being reviewed, system information that
				directly relates to the issue being reviewed, and a non-certified depository
				history if on line access and printing capability is available in the local
				child support enforcement office, with the exception of any information whose
				release is prohibited by state or federal law. Additional copies are subject to
				copying costs pursuant to Section
				119.07(1)(a),
				F.S.
(6) The department will make a
				reasonable effort to accommodate recipients who do not speak English or who are
				hearing impaired.
(7) A regional
				manager or contract equivalent must issue a final decision regarding the
				reconsideration within 25 days of the receipt of a complete request for
				reconsideration. The decision must be in writing and must include:
(a) The date the reconsideration was
				requested;
(b) The issues
				involved;
(c) The results of the
				reconsideration;
(d) A statement
				that the written decision marks the end of the reconsideration process; and,
(e) Notice of the right to request
				a hearing before a hearing officer regarding the reconsideration decision
				within 45 days of the date of the written decision.