Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 30 - Child Support Enforcement › Chapter 7 - Administrative Hearings › Section 13 CSR 30-7.010 - Administrative Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth procedures by which the
				  Division of Child Support Enforcement conducts hearings before its designated
				  hearing officers to resolve disputes between the division and persons from whom
				  the division is seeking to establish an obligation for child support or collect
				  an established obligation.
(1) Definitions. As used in this rule-
(A) Absent parent means the noncustodial
				parent;
(B) Administrative process
				hearing means a hearing to dispute a Notice and Finding of Financial
				Responsibility issued by the division or a hearing concerning a motion to
				modify an administrative order under section
				454.500,
				RSMo;
(C) Agency means the
				Department of Social Services and its employees;
(D) Case means the proceeding in which a
				dispute between an absent parent and the division has been or is in the process
				of being resolved, including all division records, facts and statements in
				evidence and all findings and conclusions made;
(E) Client means the custodial parent who is
				receiving Division of Child Support Enforcement services;
(F) Consumer reporting agency means a credit
				bureau;
(G) Division means the
				Division of Child Support Enforcement and its employees;
(H) Division representative means an
				employee, attorney or designated representative who appears in an
				administrative proceeding on behalf of the division;
(I) General hearing request means an
				administrative hearing to resolve a dispute with the division arising from the
				absent parent's receipt of-1) notification of a lottery interception under
				section
				454.505,
				RSMo and Missouri's right to set off under common law, 2) an administrative
				order on an existing order under section
				454.476,
				RSMo, 3) a notification of referral to a consumer credit bureau under section
				454.512,
				RSMo, 4) a claim of abatement in the support obligation under section
				452.340,
				RSMo or 5) a claim involving the age of majority under section
				452.340,
				RSMo;
(J) Hearing request means a
				request made by an absent parent, personally or through a representative,
				according to the procedures set forth under this rule and applicable Missouri
				statutes;
(K) Internal Revenue
				Service (IRS) administrative review means an administrative hearing to
				challenge a preintercept notice sent by the federal Office of Child Support
				Enforcement to the absent parent or to challenge an intercept notice sent by
				the United States IRS to the absent parent. This hearing request may also be
				made on any other preintercept notice sent by the division as long as it
				involves the interception of a federal tax refund;
(L) Issue means a question of fact disputed
				by the absent parent, the division or the custodial parent, the determination
				of which is material to a decision in the case;
(M) Submitting state means the state that
				submitted the absent parent's name to the Internal Revenue Service for
				intercept of all or part of any tax refund for a specific year;
(N) Tax refund intercept hearing means a
				hearing to contest the interception by the division of an absent parent's
				Missouri tax refund under section
				143.784,
				RSMo; and
(O) Unreimbursed
				assistance means the total amount of Aid to Families with Dependent Children
				(AFDC) received by the client less any support paid to and retained by the
				state.