reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.134 - TOTAL SUPPORT AMOUNT AND TRANSFER PAYMENT

Current through Register Vol. 13, July 5, 2024
(1)
				A total support amount is determined for each parent, separately, and consists
				of:
(a) the parent's share of the primary
				child support allowance, with supplemental needs, if any, plus the parent's
				standard of living adjustment; or
(b) the parent's minimum support obligation
				determined under ARM
				37.62.126.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.136 - TRANSFER PAYMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.138 - PAYMENT OF MONTHLY SUPPORT AMOUNT IN COMBINATION PARENTING ARRANGEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.140 - ANTICIPATED CHANGES

Current through Register Vol. 13, July 5, 2024
(1) To the extent
				possible, child support orders must address children's changing needs as they
				grow and mature in a way that minimizes the need for future modifications. If
				any material change in current circumstances is anticipated within 18 months,
				separate child support calculations must be completed.
(2) In the initial calculation, present
				circumstances should be included. In the subsequent calculation(s), appropriate
				anticipated changes should be calculated. The child support order should
				provide that the amount(s) from the subsequent calculations will take effect
				the month following the anticipated changes.
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.142 - SUPPORT PAYABLE IN DOLLARS

Current through Register Vol. 13, July 5, 2024
(1) The child
				support order is to be paid in U.S. dollars.
(2) Gifts, clothing, food, payment of
				expenses, etc., in lieu of dollars will not be allowed as a credit for payment
				of a child support obligation except by court or administrative
				order.
(3) Direct payments to the
				child, the parent or a third party will not be allowed as credit for payment of
				a child support obligation payable through the clerk of court, the child
				support services division or other entity specified in the court or
				administrative order.
AUTH:
					 40-5-203,
					 MCA; IMP:
					 40-5-209,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.144 - SOCIAL SECURITY AND VETERANS BENEFITS

Current through Register Vol. 13, July 5, 2024
(1)
				Social security and veterans benefits which are based on the earning record of
				either parent shall be considered in establishing new support orders or
				modification of existing orders under the following conditions:
(a) benefits received by the parent on behalf
				of the minor child are not to be included in that parent's gross income;
(b) the parent's obligation is
				satisfied if the amount of the child's benefit received for a given month as a
				result of that parent's earning record is equal to or greater than the parent's
				child support obligation. Any benefit received by the child for a given month
				in excess of the child support obligation is not treated as an arrearage
				payment or as future support;
(c)
				the parent must pay the difference if the amount of the child's benefit for a
				given month is less than the parent's child support obligation. This amount is
				presumed to be paid if the child resides with that parent a majority of the
				time; and
(d) whenever either
				parent receives for the benefit of the child, a lump sum payment which
				represents an accumulation of monthly benefits:
(i) the lump sum payment should not be
				treated as income of the parent; and
(ii) the lump sum should be credited to that
				parent's child support obligation for each month a payment accumulated for the
				child's benefit.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.146 - MODIFICATIONS OF CHILD SUPPORT ORDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.148 - SUPPORT GUIDELINES TABLES/FORMS

Current through Register Vol. 13, July 5, 2024
(1) The
				Child Support Services Division (CSSD) has developed a child support
				calculation worksheet. Copies of this worksheet may be obtained from the
				Department of Public Health and Human Services, Child Support Services
				Division, P.O. Box 202943, Helena, MT 59620 or any regional office. The
				worksheet is also available on the department's web site at
				www.dphhs.mt.gov/forms/.
(2)
				Included for use with the worksheet are a financial affidavit, necessary
				tables, and information for completion of the guidelines calculation. To assure
				that these tables are current, the Child Support Services Division will
				republish the tables annually as soon as practical after release of information
				upon which tables are based. The tables will be identified by the year of
				publication or republication.
(3)
				The child support guidelines worksheets, or a replica of those forms with a
				similar format and containing the same information, must be used in all child
				support calculations under the guidelines and a copy must be attached to the
				support order.
AUTH:
					 40-5-203,
					 MCA; IMP:
					 40-5-209,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.3 - General Provisions › Rule 37.62.301 - APPLICABILITY OF RULES

Current through Register Vol. 13, July 5, 2024
(1) The provisions
				of this chapter set forth the rules pertaining to administrative actions by the
				Child Support Services division (CSSD) under Title IV-D of the Social Security
				Act, Title 40, chapter 5, MCA, and the applicable provisions of
				17-4-105,
				MCA. Unless specifically provided, other department rules do not apply to CSSD
				actions, notwithstanding any statements of general applicability contained in
				the rules. The provisions of this chapter do not apply to actions by the
				department under other chapters.
AUTH:
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-272,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825,
					 40-5-906,
					 MCA; IMP:
					 17-4-105,
					 40-5-201,
					 40-5-202,
					 40-5-203,
					 40-5-205,
					 40-5-206,
					 40-5-207,
					 40-5-208,
					 40-5-209,
					 40-5-210,
					 40-5-213,
					 40-5-214,
					 40-5-221,
					 40-5-222,
					 40-5-224,
					 40-5-225,
					 40-5-226,
					 40-5-227,
					 40-5-231,
					 40-5-232,
					 40-5-233,
					 40-5-234,
					 40-5-235,
					 40-5-236,
					 40-5-237,
					 40-5-238,
					 40-5-242,
					 40-5-243,
					 40-5-244,
					 40-5-247,
					 40-5-248,
					 40-5-251,
					 40-5-252,
					 40-5-253,
					 40-5-254,
					 40-5-255,
					 40-5-256,
					 40-5-257,
					 40-5-261,
					 40-5-262,
					 40-5-263,
					 40-5-264,
					 40-5-271,
					 40-5-272,
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-411,
					 40-5-412,
					 40-5-413,
					 40-5-414,
					 40-5-415,
					 40-5-416,
					 40-5-417,
					 40-5-418,
					 40-5-421,
					 40-5-422,
					 40-5-423,
					 40-5-424,
					 40-5-431,
					 40-5-432,
					 40-5-433,
					 40-5-434,
					 40-5-443,
					 40-5-701,
					 40-5-702,
					 40-5-703,
					 40-5-704,
					 40-5-709,
					 40-5-710,
					 40-5-711,
					 40-5-712,
					 40-5-713,
					 40-5-801,
					 40-5-802,
					 40-5-803,
					 40-5-804,
					 40-5-805,
					 40-5-806,
					 40-5-807,
					 40-5-808,
					 40-5-809,
					 40-5-810,
					 40-5-811,
					 40-5-812,
					 40-5-813,
					 40-5-814,
					 40-5-815,
					 40-5-816,
					 40-5-817,
					 40-5-818,
					 40-5-819,
					 40-5-820,
					 40-5-821,
					 40-5-822,
					 40-5-823,
					 40-5-824,
					 40-5-825,
					 40-5-901,
					 40-5-906,
					 40-5-907,
					 40-5-908,
					 40-5-909,
					 40-5-910,
					 40-5-911,
					 40-5-921,
					 40-5-922,
					 40-5-923,
					 40-5-924,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.3 - General Provisions › Rule 37.62.305 - TELEPHONE COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Due to the
				need for maintaining confidentiality of records, it is essential that the CSSD
				confirm the identity of persons to whom information is provided. Because a
				telephone caller's identity cannot be verified, no telephone inquiries
				concerning confidential information will be accepted by the CSSD.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-203,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.3 - General Provisions › Rule 37.62.307 - DISTRIBUTION OF COLLECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2) and (6), collections of support from all sources, including but
				not limited to the proceeds from writs of execution, support liens, state tax
				offsets, and lump sum settlements, will be distributed, to the extent the
				collection is sufficient, in the following sequence:
(a) to pay the current support obligation for
				the month in which the collection is made if current support has not previously
				been paid for that month to the obligee. However, if the obligee is a recipient
				of public assistance including Title IV-E foster care services, collections of
				current support shall be retained by the CSSD for subsequent allocation
				according to applicable state and federal statutes and regulations;
(b) to satisfy any arrears owed to the
				obligee, except when the obligee is a recipient of public assistance, including
				IV-E foster care services. When the obligee is a public assistance recipient,
				or if no arrears are owed to the obligee, collections in excess of current
				support shall first be applied to arrears owed to the state of Montana under
				40-5-202,
				40-5-221,
				and
				53-2-613,
				MCA, before any funds are distributed to the obligee.
(c) to satisfy fees awarded under
				40-5-210,
				MCA which are owed by the obligor; and
(d) to satisfy fines awarded under
				40-5-208
				or
				40-5-226,
				MCA which are owed by the obligor.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.3 - General Provisions › Rule 37.62.309 - INDEPENDENT SUPPORT ENFORCEMENT CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) The CSSD as provided in
				40-5-264,
				MCA, is authorized to enter into cooperative agreements with any person, firm,
				corporation, association, political subdivision or other department of the
				state for the purpose of carrying out its duties under state law and Title IV-D
				of the Social Security Act. Under such agreements the CSSD may designate
				independent support enforcement contractors whose powers and duties are defined
				by the terms of the contract.
(2)
				An independent support enforcement contractor shall be accountable publicly and
				to the CSSD, and shall comply with the terms and conditions of the contract, as
				well as with all applicable federal and state laws, regulations and rules,
				including policies and procedures of the CSSD for processing
				casework.
(3) The jurisdiction and
				authority of an independent support enforcement contractor shall be limited to
				the terms of the contract and in no event may such jurisdiction and authority
				exceed that of the CSSD unless otherwise provided by law.
(4) In any action taken by an independent
				support enforcement contractor under the contract, the independent support
				enforcement contractor will inform all parties, their counsel or other
				representative, and the court or administrative hearing officer that such
				action is being undertaken as an independent support enforcement contractor. On
				all documents and forms bearing the name of the CSSD the independent support
				enforcement contractor shall include a statement in bold type of the status of
				independent support enforcement contractor as an independent
				contractor.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-264,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.7 - Fee Schedule › Rule 37.62.705 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) As authorized
				by
				40-5-210,
				MCA, the CSSD adopts the following schedule:
(a) for each person, including the child,
				submitted or resubmitted for paternity blood testing, at the contract
				rate;
(b) for other actual costs
				and actual expenses incurred by the CSSD in a judicial proceeding, as awarded
				by the court; and
(c) a fee of
				$25.00 for each application for non-assistance related services. This fee shall
				be collected from the applicant at the time of application in the form of a
				cashier's check or money order.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.7 - Fee Schedule › Rule 37.62.707 - WAIVER OR DEFERENCE OF FEES

Current through Register Vol. 13, July 5, 2024
(1) The
				CSSD may not waive or defer any of the foregoing fees except to encourage
				expedient, informal dispositions.
AUTH:
					 40-5-202,
					 40-5-210,
					 MCA; IMP:
					 40-5-210,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.901 - ORGANIZATIONAL STRUCTURE

Current through Register Vol. 13, July 5, 2024
(1) Within the CSSD
				there is an independent hearings bureau. For the convenient classification and
				division of business, the hearings bureau is divided into two administrative
				units consisting of the administrative law judges (ALJs) and the office of the
				administrative law judge (OALJ).
(2) The ALJs are responsible for and preside
				over all hearings in CSSD contested cases.
(a) In addition to the powers and duties set
				forth in
				2-4-611(3),
				MCA an ALJ has the power and duty to carry out, undertake or perform any task
				or action expressly or implicitly required of an ALJ under these rules
				including the general authority to regulate the conduct and course of contested
				cases.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.903 - ASSIGNMENT OF CASES TO ALJ, DISQUALIFICATION AND SUBSTITUTION

Current through Register Vol. 13, July 5, 2024
(1) When a hearing is requested by a party to
				a contested case, the OALJ will allocate the case file to an ALJ. Except as
				provided in this rule, once a case is assigned to an ALJ, the case shall be the
				continuing responsibility of that ALJ until a final decision and order is
				entered and the time for judicial review has expired. If judicial review is
				filed, the ALJ will lose jurisdiction over the case and will regain
				jurisdiction only if the district court remands the case to the CSSD for
				further proceedings.
(2) The duties
				of an ALJ are interchangeable among the judges during the absence or disability
				of the presiding ALJ. An ALJ making an order for the presiding ALJ will be
				presumed to have acted with the consent of the presiding ALJ.
(3) A presiding ALJ may transfer a case to
				another ALJ who will then become the presiding ALJ. Notice of the transfer
				shall be provided to all parties if the transfer is made subsequent to an
				assignment notice filed under (5) . As an exception to (6)(a), the substitute
				ALJ shall give the parties reasonable time, determined according to the
				circumstances of the case, to submit a motion for disqualification.
(4) For the purposes of (6), when a contested
				case is assigned to a presiding ALJ for hearing, the OALJ will notify the
				parties of the assignment. This notice will be included as part of the order
				setting a hearing date.
(5) An ALJ
				may make an order or give notice of recusal or self-disqualification at any
				time.
(6) A party may submit a
				motion for disqualification of a presiding ALJ as provided by
				2-4-611(4),
				MCA. The motion shall be heard and determined by an ALJ other than the one
				named in the motion.
(a) Motions for
				disqualification of a presiding ALJ must be filed with the OALJ within 10
				calendar days of the effective date of service of the order setting the matter
				for hearing. If the ALJ fails to rule on the motion before the day set for the
				hearing, or if the motion is not timely filed, the motion shall be considered
				denied.
(b) Except as may be
				provided by
				2-4-701,
				MCA determinations of motions for disqualification are not subject to judicial
				review but may be considered as part of a judicial review of the final decision
				and order in a contested case.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.905 - UNIFORMITY, CONSISTENCY AND INDEPENDENCE

Current through Register Vol. 13, July 5, 2024
(1)
				To achieve and maintain uniformity and consistency in determining contested
				cases, contested case decisions shall be guided by:
(a) applicable sections of the Montana Code
				Annotated;
(b) case law decisions
				of the Montana supreme court;
(c)
				the administrative rules, procedures and policies set out in this chapter;
(d) precedent created by other ALJ
				final decisions and orders in contested cases where the facts are essentially
				the same; and
(e) to determine the
				nature, extent, amount or duration of a support order issued by a tribunal of
				another state, the statutory and case law of the issuing state and the federal
				Full Faith and Credit for Child Support Orders Act (
				28
				USC 1738 B).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.907 - EX PARTE COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (3), or unless expressly authorized by any rule under this chapter,
				a presiding ALJ shall not initiate or participate in ex parte communications,
				directly or indirectly, with any party or with any person who has a direct or
				indirect interest in the outcome of the case.
(2) For the purpose of this rule, a
				prohibited ex parte communication is any oral or written information that could
				intentionally or unintentionally influence any issue in a pending case or that
				directly or indirectly furnishes, diminishes or modifies any evidence in the
				case without notice and opportunity for all parties to participate in the
				communication.
(3) A presiding ALJ
				may consult with and receive aid from OALJ staff or another ALJ concerning the
				merits of a contested case if those persons do not receive ex parte
				communications of a type that the presiding ALJ would be prohibited from
				receiving.
(4) A presiding ALJ may
				engage in communications concerning administrative or procedural matters when
				the communication is necessary under the circumstances and does not affect the
				substantive rights of a party.
(5)
				If the presiding ALJ receives an improper ex parte communication, any decision
				and order entered in that case must include the ALJ's reason for concluding
				that the communication did not prejudice the substantial rights of any
				party.
Sec.
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-272,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825 and
					 40-5-906,
					 MCA; IMP, Sec.
					 17-4-105,
					 40-5-157,
					 40-5-202,
					 40-5-208,
					 40-5-226,
					 40-5-233,
					 40-5-261,
					 40-5-271,
					 40-5-273,
					 40-5-414,
					 40-5-431,
					 40-5-703,
					 40-5-710,
					 40-5-821,
					 40-5-822,
					 40-5-823,
					 40-5-824
					 and
					 40-5-906,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.909 - CONTESTED CASE PROCEEDINGS, ANSWER OR RESPONSE AND REQUEST FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) Contested cases are initiated by service
				of a notice as provided in the Montana Administrative Procedure Act, applicable
				sections of Title 40, chapter 5, MCA and
				17-4-105,
				MCA. Absent service of such notice there is no contested case, no jurisdiction
				and no corresponding right to an administrative hearing.
(2) A person served with a contested case
				notice may request an administrative hearing as provided in (5). Except as
				provided in (3) and (4), no additional answer or responsive pleading to any
				contested case notice is required.
(3) When the contested case notice is to
				initiate income withholding proceedings under
				40-5-412
				and
				40-5-414, MCA,
				any request for hearing must allege a mistake of fact. If a mistake of fact is
				not alleged, the request for hearing may be denied. Notwithstanding the
				omission of a mistake of fact, a person may be entitled to a hearing for the
				purpose of contesting the jurisdiction of the CSED to withhold the person's
				income.
(4) When requesting a
				hearing, the person must include with the request a brief statement of any
				affirmative defense the party may have to the contested case notice.
(5) To request a hearing, the person must:
(a) make the request in writing;
				and
(b) within the time permitted
				by statute or these rules for requesting the hearing, file the request with the
				OALJ as provided in ARM
				37.62.911.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.913 - PARTIES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3), a party
				includes any person served with a CSSD contested case notice.
(2) As the entity initiating the proceedings,
				the CSSD is automatically a party in all contested case proceedings. However,
				the CSSD, at its discretion, may limit its participation in the case. When the
				CSSD does participate as a party, it will do so through a CSSD caseworker or
				CSSD attorney as provided in ARM
				37.62.915.
(3) An interested person who receives an
				informational copy of the contested case notice is not a party.
AUTH:
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-272,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825,
					 40-5-906,
					 MCA; IMP:
					 17-4-105,
					 40-5-157,
					 40-5-202,
					 40-5-208,
					 40-5-226,
					 40-5-233,
					 40-5-261,
					 40-5-271,
					 40-5-273,
					 40-5-414,
					 40-5-431,
					 40-5-703,
					 40-5-710,
					 40-5-821,
					 40-5-822,
					 40-5-823,
					 40-5-824,
					 40-5-906,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.915 - REPRESENTATION

Current through Register Vol. 13, July 5, 2024
(1) Any person appearing in a CSSD proceeding
				may, at the person's own expense, be accompanied, represented and advised by an
				attorney.
(a) To represent a party in a
				contested case, the attorney must be licensed to practice law in this state or
				be admitted pro hac vice.
(b) If
				the attorney files a notice of appearance or signs and files a request for
				hearing or other responsive pleading with the OALJ in that contested case
				action, the attorney shall be designated as the attorney of record and all
				further communication, mailings and notices made in that contested case action
				will be directed to the attorney. However, the OALJ will mail or deliver copies
				of all decisions and orders to both the party and the party's attorney. If
				there is no attorney of record, the OALJ, CSSD and other parties will make all
				communications directly to the party.
(c) An attorney of record may withdraw from a
				pending case, however the attorney shall give notice of the withdrawal to the
				OALJ, the CSSD and all other parties. Upon receipt of notice the OALJ, the CSSD
				and all other parties will redirect all subsequent communications to the party
				formerly represented by the attorney.
(d) Unless the attorney sooner withdraws and
				gives notice thereof, an attorney of record will continue as the attorney of
				record until the final decision and order is entered in the case.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.917 - SERVICE OF SUBSEQUENT NOTICE, MOTIONS, BRIEFS, AND OTHER PAPERS

Current through Register Vol. 13, July 5, 2024
(1) After service of a contested case notice,
				all subsequent notices including amendments to a contested case notice,
				motions, briefs and other papers pertaining to a pending administrative action
				must be served on all parties. Service may be made by regular U.S. mail,
				postage prepaid, addressed to each party at:
(a) the mailing address provided by the party
				in the request for hearing or a subsequent mailing address provided by the
				party;
(b) the party's last known
				mailing address if no request for hearing was made, or if the request for
				hearing failed to include an address; or
(c) the address of the place where service of
				the original contested case notice was achieved, if the party's mailing address
				is not known to the CSSD.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.919 - NOTICE OF HEARING, SCHEDULING ORDER AND LOCATION OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) If a request for hearing is timely and
				properly filed according to these rules, the OALJ shall assign the case to an
				ALJ and schedule a time, date and place for the conduct of the hearing. The
				OALJ shall serve a notice of hearing and scheduling order on all parties. In
				support enforcement, paternity establishment, and support order establishment
				cases where the obligee is not a party, the OALJ shall also send a copy of the
				notice of hearing to the obligee. In those instances, the obligee is not a
				party to those proceedings but may attend as a nonparty observer or
				witness.
(2) The notice of hearing
				and scheduling order shall:
(a) set the date,
				time and place for the hearing;
(b) set the date by which the witness and
				exhibit list must be filed with the OALJ and by which a copy of the list must
				be served on all other parties;
(c) set the date by which exhibits must be
				exchanged with other parties if exhibits are not served as attachments to the
				witness and exhibit list;
(d) set
				the date by which a party must request discovery or request subpoenas for the
				attendance of witnesses or the production of documents;
(e) inform the party that the hearing will
				initially be held by telephone conference;
(f) if the hearing is by telephone
				conference, inform the party that before the hearing record is closed, the
				party will have an opportunity, at the party's request or upon a showing that a
				party's case was prejudiced by the lack of an in-person hearing, to request a
				de novo in-person hearing;
(g) give
				the party directions for the conduct of telephone hearings;
(h) direct the party to provide a telephone
				number at which the party will be available for the hearing and further direct
				that if the party does not provide the number or fails to be at the number when
				called for the hearing, the ALJ may either enter the party's default or proceed
				with the hearing in absentia; and
(i) inform the party that if the party does
				not have a telephone available for a telephone hearing, at the party's request,
				a telephone will be made available to the party at the nearest regional CSSD
				office or at the public assistance office in the county where the party
				resides.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.921 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) Prior to entry of an order resolving a
				contested case notice, a party may seek relief in that case by means of an
				appropriate motion. Appropriate motions may include motions to dismiss, motions
				for summary judgment, motions for continuance and similar other
				motions.
(2) Motions shall state:
(a) the relief sought by the party;
(b) the grounds and authority supporting the
				motion; and
(c) any prejudice which
				could result if the motion is not granted.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.923 - EXTENSIONS OF TIME AND CONTINUANCES

Current through Register Vol. 13, July 5, 2024
(1)
				Because CSSD contested cases must proceed on an expedited basis, requests for
				extensions of time and continuances are disfavored and shall not be routinely
				granted. Extensions of time and continuances will be granted only upon a
				showing of extraordinary circumstances beyond the party's control which will
				cause substantial prejudice to the party if the extension or continuance is not
				granted.
(2) A request for an
				extension of time may be filed with the OALJ at any time prior to the day an
				activity or time frame is set by order, rule or statute for completion. The
				request shall contain:
(a) a statement of the
				reason for the extension of time;
(b) a statement showing extraordinary
				circumstances beyond the party's control which will cause substantial prejudice
				to the party if the extension or continuance is not granted; and
(c) a statement indicating the positions of
				every other party regarding the request for an extension of time.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.925 - AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) A contested case notice may be amended by
				the CSSD at any time before an order is issued resolving the notice. Except
				when the notice is amended during hearing, the amended notice shall be served
				on all parties in accordance with ARM
				37.62.917.
(a) Except as provided in (1) (c), a party
				who has responded to the contested case notice as provided in ARM
				37.62.909
				does not need to respond to or request a hearing on the amended notice.
(b) If a party did not respond to
				the original notice as provided in ARM 37.62.909, the party may respond to the
				amended notice within the time frames provided in the amended notice.
(c) If a party did respond to the
				original notice and the party's request for hearing was denied for any reason,
				the party may respond to the amended notice as provided in ARM
				37.62.909
				and request a new hearing with regard to the issues claimed in the amended
				notice.
(d) The response time
				shall be the same number of days as allowed by statute or rule for requesting a
				hearing on the original notice. The time for responding to an amended notice
				begins on the day after the amended notice is served.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.927 - EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) The evidence received and considered in
				CSSD contested cases shall conform to the common law, the statutory rules of
				evidence and the provisions of
				2-4-612,
				MCA.
(2) A presiding ALJ may
				receive any evidence offered by a party without ruling on its admissibility at
				the time it is offered. After the matter is submitted for decision, the ALJ
				will then consider and determine the admissibility and sufficiency of the
				evidence, giving due regard to its materiality, relevance, and trustworthiness.
				Evidence may be excluded even though no objection was raised at hearing. If the
				ALJ takes evidence under advisement and rules on its admissibility later, a
				party may object to the inclusion or exclusion of evidence under this rule by
				filing a motion to review the proposed order as provided for in ARM
				37.62.951.
(3) This rule shall not be
				construed to prevent the ALJ from limiting cumulative, irrelevant or other
				inadmissible testimony or evidence during the hearing.
AUTH:
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-272,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825,
					 40-5-906,
					 MCA; IMP:
					 17-4-105,
					 40-5-157,
					 40-5-202,
					 40-5-208,
					 40-5-226,
					 40-5-233,
					 40-5-261,
					 40-5-271,
					 40-5-273,
					 40-5-414,
					 40-5-431,
					 40-5-703,
					 40-5-710,
					 40-5-821,
					 40-5-822,
					 40-5-823,
					 40-5-824,
					 40-5-906,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.929 - OFFICIAL NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Official notice
				may be taken of:
(a) federal law, including
				the constitution of the United States, congressional acts, resolutions,
				records, journals, and committee reports, the decisions of federal courts and
				administrative agencies, executive orders and proclamations, and all rules,
				orders and notices published in the federal register;
(b) state law, including the constitution,
				acts of the legislature, resolutions, records, journals and committee reports,
				decisions of the administrative agencies of the state of Montana, executive
				orders and proclamations by the governor, and all rules, orders and notices
				published in the Montana administrative register;
(c) department and CSSD organization,
				including administration, officers, personnel, official publications and
				official acts of the department and the CSSD;
(d) any fact that could be judicially noticed
				in the district courts including generally recognized technical and scientific
				facts obtained from treatises of learned scholars and public documents to the
				extent allowed by the rules of evidence;
(e) the records of other CSSD
				proceedings;
(g) codes,
				regulations, standards, action transmittals, policy interpretation questions
				and information transmittals issued or adopted by a federal agency pursuant to
				Title IV-D of the Social Security Act;
(h) written CSSD policy directives;
(i) the CSSD policy and procedures manual;
(j) records, reports, statements,
				and data compilations in any form of a clerk of court, public office or state
				agency of this or any other state or federal agency which are part of the
				regularly conducted activities of that clerk of court, public office or state
				agency;
(k) payment histories
				originated by the CSSD or obtained from clerks of court, the child support
				agencies of other states or other public records sources, and CSSD-prepared
				abstracts of those histories including computerized data compilations;
				and
(l) child support guidelines
				worksheets and similar documents, completed CSSD case related forms, and other
				papers within the scope of the CSSD's technical knowledge as a body of experts
				and within the scope of its duties, responsibilities and
				jurisdiction.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.931 - PRESUMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The ALJ may apply the following
				presumptions when consistent with all surrounding facts and circumstances:
(a) the presumptions both conclusive and
				rebuttable which are set forth in Title 26, chapter 1, part 6, MCA and
				40-5-234,
				40-6-105
				and
				40-6-201,
				MCA and any other presumption created by law;
(b) that mail or other communications
				properly addressed and transmitted to the post office or other common carrier
				with all postage, tolls or charges properly prepaid, is or has been delivered
				to the addressee or consignee in the ordinary course of business; and
(c) that a person who receives or received
				public assistance is eligible or was eligible for such assistance.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.933 - INVESTIGATIVE SUBPOENA

Current through Register Vol. 13, July 5, 2024
(1) The CSSD may
				issue an investigative subpoena whenever the CSSD has a right or duty to
				investigate any matter relating to the location of an obligor, the
				establishment of paternity and support orders, and the enforcement or
				modification of a support order. A contested case as defined in ARM
				37.62.303
				need not be initiated before an investigative subpoena is issued.
(2) The investigative subpoena is used to
				obtain information leading to the determination of an obligor or obligee's:
(a) prior and current residential and mailing
				addresses;
(b) social security
				number;
(c) past and present
				employment and dates of employment; and
(d) real or personal property, including but
				not limited to, wages, salaries, earnings, tips, bonuses, profits, draws and
				advances against earnings, severance pay, trust income, pensions, workers
				compensation benefits, unemployment benefits, commissions, disability payments,
				distributions from retirement plans, alimony or spousal maintenance, contract
				proceeds, rents received, interest earned, royalties, dividends, accounts as
				defined by
				40-5-924,
				MCA, loan applications made, and any other similar information, regardless of
				source, related to the obligor's or obligee's assets and liabilities as may be
				contained in the records and files of the subpoenaed person or entity.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.935 - HEARING SUBPOENA AND SUBPOENA DUCES TECUM

Current through Register Vol. 13, July 5, 2024
(1) A hearing subpoena is issued in a
				contested case and directs a person to appear at a particular time and place to
				testify as a witness. A subpoena duces tecum may also require the person to
				produce any records, books, documents, or other materials under the person's
				control which may be relevant to facts at issue in the pending case.
(2) Any party to a contested case may request
				a hearing subpoena or subpoena duces tecum. Except as provided in (7), a
				request for a subpoena must be made in writing to the OALJ. Such a request must
				be made within the time set by the ARM
				37.62.919 scheduling
				order.
(3) A request for a subpoena
				must be accompanied by an affidavit which includes:
(a) the name and address of the witness or
				the person or entity having control over the material to be
				subpoenaed;
(b) a brief statement
				as to why the testimony of the witness or production of the subpoenaed material
				is reasonable, necessary and relevant to an issue of fact; and
(c) if the request is for a subpoena duces
				tecum, the affidavit must also include:
(i) a
				short, plain statement identifying or specifying the information requested by
				the subpoena; and
(ii) a statement
				as to why the information cannot be reasonably obtained by other less intrusive
				means.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.937 - OTHER DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				subpoenas, other methods of discovery shall be available to the parties prior
				to a contested case hearing. Discovery other than by subpoena is referred to in
				this rule as "other discovery". Parties may obtain other discovery by one or
				more of the following methods:
(a)
				depositions upon oral examination or written questions;
(b) interrogatories;
(c) request for production of documents and
				other written materials; and
(d)
				request for admissions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.939 - WITNESS AND EXHIBIT LIST AND EXCHANGE OF EXHIBITS

Current through Register Vol. 13, July 5, 2024
(1) A party must prepare and file with the
				OALJ a witness and exhibit list when the party intends to present, use, or
				refer to at hearing:
(a) the testimony of any
				witness other than the party; or
(b) any exhibit or other documentary
				evidence.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.941 - PREHEARING STATUS CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) After a
				hearing is opened on the record and immediately preceding the presentation of
				evidence, the presiding ALJ shall conduct, on the record, a case status
				conference. The purpose of the conference is to:
(a) identify those facts which the parties
				agree to be true and which will require no proof during the hearing;
(b) identify those hearing exhibits which the
				parties agree may be entered without objection;
(c) identify the contentions of the
				parties;
(d) identify and clarify
				those issues of fact or law, including possible defenses, that remain to be
				determined by the ALJ during the hearing;
(e) identify any unusual legal or evidentiary
				issues;
(f) identify and exclude
				any matter raised by a party that is outside the scope of the hearing or which
				the ALJ has no authority to determine; and
(g) address such other matters as will
				promote the orderly and prompt conduct of the hearing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.943 - BURDEN OF PROOF AND STANDARD OF PROOF

Current through Register Vol. 13, July 5, 2024
(1) In all
				hearings conducted under this chapter, the party proposing that a certain
				action be taken must prove the facts at issue by a preponderance of the
				evidence unless the substantive law provides a different burden or standard. A
				party asserting an affirmative defense has the burden of proving the existence
				of the defense.
Sec.
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-272,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825 and
					 40-5-906,
					 MCA; IMP, Sec.
					 17-4-105,
					 40-5-157,
					 40-5-202,
					 40-5-208,
					 40-5-226,
					 40-5-233,
					 40-5-261,
					 40-5-271,
					 40-5-273,
					 40-5-414,
					 40-5-431,
					 40-5-703,
					 40-5-710,
					 40-5-821,
					 40-5-822,
					 40-5-823,
					 40-5-824
					 and
					 40-5-906,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.945 - PROCEDURE AT HEARING

Current through Register Vol. 13, July 5, 2024
(1) The presiding
				ALJ shall direct the order of presentation of evidence and cross-examination
				and shall limit the scope of the hearing in conformity with the prehearing
				status conference.
(2) The ALJ may
				enter appropriate oral orders during the hearing to control the conduct of
				witnesses, the parties or their attorneys, including conduct which is
				disruptive or constitutes contempt of the ALJ or the administrative hearing
				process.
(3) The hearing may be
				continued with recesses as determined by the presiding ALJ.
(4) With the exception of matters limited by
				the prehearing status conference or excluded under ARM
				37.62.937, to the
				extent necessary for full disclosure of relevant facts and issues, the
				presiding ALJ shall afford all parties the opportunity to respond, present
				evidence and argument, conduct cross-examination, and submit rebuttal evidence.
				Evidence that is incompetent, irrelevant, immaterial, or unduly repetitious may
				be excluded.
(5) Evidence may be
				presented through exhibits and testimony of the parties or other witnesses.
				Testimony may be given in narrative fashion by witnesses or by question and
				answer. All oral testimony must be under oath or by affirmation. The presiding
				ALJ may exclude witnesses from the hearing so that they cannot hear the
				testimony of other witnesses.
(a) Under the
				provisions of ARM
				37.62.949,
				officially noticed facts and law may be admissible without requiring foundation
				testimony.