reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.947 - INTERPRETERS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a party or a witness is unable
				to understand or speak the English language, and the presiding ALJ determines
				that this inability may impair the substantial rights of any party to a fair
				hearing, the ALJ may adjourn the hearing and appoint ex parte an interpreter at
				the CSSD's expense. The hearing will be reconvened after an interpreter is
				obtained.
(2) Every person
				appointed as an interpreter under this rule, before entering upon his or her
				duties, shall take an oath or affirmation to give a true verbatim translation.
(3) Interpreters are subject to
				the rules of evidence relating to their qualifications as experts.
(4) No interpreter shall be appointed who has
				a personal interest in any matter at issue, or who is related to any party, or
				who has a personal or business relationship with any party.
(5) In addition to and not in substitution
				for an interpreter appointed by the ALJ, a person who is a party or witness may
				appear in any contested proceeding with the person's own interpreter at the
				person's expense. If the person's interpreter is to make translations on the
				record, (2) and (3) of this rule shall apply to the interpreter. The
				interpreter may be a relative of or may have a personal relationship with the
				party or witness, however, the relationship shall be noted in the record of the
				case.
(6) Interpreters for the
				hearing impaired shall be appointed as provided in
				49-4-501
				through
				49-4-511,
				MCA.
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 37.62.949 - PROPOSED DECISION, FINAL DECISION AND ORDER

Current through Register Vol. 13, July 5, 2024
(1) Following the close of hearing and the
				receipt of post-hearing briefs and other evidence ordered by the ALJ, the
				presiding ALJ shall prepare a proposed decision and order. Copies of the
				proposed decision and order shall be served on each party as provided in ARM
				37.62.917.
				A proposed decision and order is interim in effect and does not become a final
				CSSD decision and order except as provided in (2) of this rule and by ARM
				37.62.951(6).
(2) The parties shall have 20 days following
				service of the proposed decision and order to review the order. At the end of
				the 20 days, the presiding ALJ may enact the proposed decision and order as a
				final CSSD order unless a party, within the 20 day review period, files a
				motion to review the proposed order as provided by ARM 37.62.951. A decision
				and order that becomes final under this rule takes effect as to its terms on
				the date it is enacted. Copies of the final decision and order shall be
				delivered or mailed to each party, and to each party's attorney if
				any.
(3) Proposed and final
				decisions and orders must include findings of fact, conclusions of law and the
				policy reasons for the decision if the decision is based on an exercise of CSSD
				discretion as referenced in ARM
				37.62.905(1)(b).
(a) Findings of fact must be accompanied by a
				concise and explicit statement of each of the underlying facts in the record or
				officially noticed that support those findings.
(b) Each conclusion of law must be supported
				by cited authority or by a reasoned explanation.
(c) If a party attempted to or did rebut the
				applicability of any policy, fact or other material officially noticed under
				ARM
				37.62.929, the
				order must include appropriate findings and conclusions.
(d) If the admissibility of an exhibit or
				other evidence was not ruled on during the hearing as provided by ARM
				37.62.927,
				the order must contain a ruling on the evidence and state the reasons why the
				evidence was accepted or rejected.
(e) If a party submitted a motion under ARM
				37.62.951, the final order must include a ruling, separately stated, on each
				issue raised, each finding of fact or ruling of law requested, each policy
				consideration raised or contested, and any other matter permitted by ARM
				37.62.951
				as a ground for revising a proposed order.
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 37.62.951 - MOTION TO REVIEW PROPOSED ORDER

Current through Register Vol. 13, July 5, 2024
(1) Within
				20 days after service of a proposed decision and order any party may file a
				motion to review the order.
(2) A
				motion to review must set out, with specificity, one or more of the following
				grounds upon which a proposed order may be reviewed:
(a) Through inadvertence or mistake, the ALJ
				overlooked an important fact presented at the hearing which could affect the
				decision;
(b) The ALJ considered
				some fact that is not in the hearing record;
(c) A party requested a specific finding of
				fact or conclusion of law which was not made;
(d) The ALJ failed to consider a law, a
				policy or other material under ARM
				37.62.905
				which the ALJ should have included as a matter of course;
(e) The ALJ inappropriately applied official
				notice to a fact or other material under ARM
				37.62.929;
(f) When the admissibility of evidence was
				ruled upon after a matter was submitted for decision, the ALJ improperly
				accepted or rejected the evidence;
(g) New evidence was discovered or became
				accessible after the hearing was closed and that evidence was not reasonably
				available at the time of the hearing;
(h) The ALJ based the order on a mistake of
				fact or law; or
(i) There have
				been intervening changes in controlling law.
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 37.62.953 - BENCH RULINGS

Current through Register Vol. 13, July 5, 2024
(1) In order to
				more promptly deliver decisions and orders following any hearing in a case,
				particularly when the hearing does not involve complex factual questions or
				unique questions of law, the ALJ may, at his or her discretion, issue a bench
				ruling following the close of testimony and the closing arguments of the
				parties.
(2) The ALJ will announce
				the decision or order orally to the parties, on the record, outlining the
				factual and legal reasons for the decision. Except as provided in (3), the ALJ
				will prepare and issue a written decision or order within 20 days after the
				announcement of the bench ruling.
(3) A bench ruling which is to be a final
				disposition in a contested case shall be in lieu of the proposed order provided
				for in ARM
				37.62.949. A party may move to
				review the bench ruling and the review may be conducted as provided in ARM
				37.62.951, except the time for
				filing the motion shall be within 20 days after the announcement of the bench
				ruling. When the time for filing a motion to review has expired and no motion
				is filed or following resolution of a motion to review, the ALJ will prepare
				and issue a written final decision and order.
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 37.62.955 - HEARING RECORD

Current through Register Vol. 13, July 5, 2024
(1) The contested
				case hearing record shall include all the items required by
				2-4-614(1),
				MCA.
(2) Except for parts of the
				file admitted as evidence during the hearing, the CSSD case file maintained by
				the CSSD caseworker, including computerized and hard copy versions, is not a
				part of the hearing record.
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 37.62.957 - CLERICAL ERRORS AND EFFECT OF CORRECTION

Current through Register Vol. 13, July 5, 2024
(1)
				Clerical mistakes, typographical errors, and errors in mathematical
				calculations in any decision or order in a contested case arising from
				oversight or omission may be corrected by the ALJ at any time upon the ALJ's
				own initiative or upon the motion of any party and after notice to all other
				parties and the opportunity for such other parties to object.
(2) The ALJ will decide a motion to correct
				clerical errors based on the contents of the administrative hearing record and
				without a hearing. No new evidence will be accepted or considered with regard
				to the motion.
(3) Unless the ALJ
				orders otherwise, a corrected decision and order relates to and is effective
				from the date of the original decision or order.
(4) A motion to correct clerical errors does
				not:
(a) stay the effect of a final decision
				and order pending determination of the motion; or
(b) extend the time for filing a petition for
				judicial review of a final decision and order.
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 37.62.959 - INFORMAL DISPOSITION AND CONSENT ORDERS

Current through Register Vol. 13, July 5, 2024
(1) The parties to a contested case may
				informally resolve the case, any motion concerning the case, or any issue
				pending resolution in the case, by stipulation, agreed settlement, or consent
				order. Except as provided in (3), all informal dispositions must be in writing
				and must be submitted to the presiding ALJ for review. The ALJ will review the
				matter for conformity with applicable law and for jurisdiction of the CSSD to
				enter an order or resolve the matter based on the informal disposition. Upon
				concurrence the ALJ will make any appropriate order based on the informal
				disposition including dismissing or vacating any pending hearing.
(2) If an informal disposition is reached at
				the hearing or just before, the parties may orally communicate the terms of the
				informal disposition to the presiding ALJ. As long as the terms of the informal
				disposition are stated on the record, there is no need to follow the oral
				communication with a written communication. The ALJ may vacate the hearing and
				enter an order adopting the terms of the informal disposition.
(3) Informal dispositions of any issue of
				fact or law in a matter set for hearing shall be made according to ARM
				37.62.941.
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 37.62.961 - REHEARING OR NEW HEARING

Current through Register Vol. 13, July 5, 2024
(1) After a final
				decision and order is issued, a motion or request for rehearing or new hearing
				on the merits of the contested case will not be considered. The filing of a
				motion or request for rehearing or new hearing does not extend the time for
				judicial review of the final decision and order. This rule does not abrogate
				the authority of a district court to remand the matter for a new hearing or
				additional hearing as the result of judicial review of a final decision and
				order.
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 37.62.963 - COMPUTATION OF TIME AND ENLARGEMENT

Current through Register Vol. 13, July 5, 2024
(1) In
				computing any period of time for acts required by any of the rules in this
				chapter, the day of the act, event or default after which the designated period
				of time begins to run is not included. The last day of the period is the last
				day computed, unless it is a Saturday, Sunday or legal holiday. In that event,
				the period runs until the end of the next day which is not one of the
				aforementioned days. When the period of time prescribed or allowed is less than
				11 days, intermediate Saturdays, Sundays and holidays are excluded in the
				computation. A half-day holiday will be considered as other days and not as a
				holiday.
(2) Whenever a party has a
				right or is required to do some act under these rules within a prescribed
				period after service of a notice, order or other paper upon the party, and the
				notice, order or other paper is served upon the party by regular mail, 3
				calendar days shall be added to the prescribed period.
(3) Except for dates or prescribed times
				fixed by statute and not subject to modification, an ALJ, for good cause shown,
				may enlarge the time to perform an act if the request or motion for enlargement
				is made before the expiration of the prescribed period for the act. If the
				request or motion is made after the prescribed time has expired, enlargement
				may be allowed only upon a showing of excusable neglect in the failure to act.
				Requests or motions for enlargement of time must be made as provided in ARM
				37.62.921.
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 37.62.965 - DISMISSAL OF CONTESTED CASE OR WITHDRAWAL OF HEARING REQUEST

Current through Register Vol. 13, July 5, 2024
(1) The CSSD or a CSSD staff attorney may ex
				parte dismiss a contested case proceeding at any time prior to entry of a final
				decision and order. A copy of the ex parte dismissal shall be served on all
				parties served with a contested case notice. The OALJ shall vacate any hearing
				that may be pending in the case. A dismissal under this rule is without
				prejudice and the CSSD may initiate a new contested case proceeding at any
				time.
(2) A party requesting a
				hearing may withdraw the request at any time prior to or during the hearing.
				Prior to the hearing the request must be withdrawn in writing; during the
				hearing the request may be withdrawn orally with the ALJ.
(a) If the reason for the dismissal or
				withdrawal is based on an agreement between the parties that settles the
				contested case, the dismissal or request to withdraw will be made according to
				ARM
				37.62.959.
(b) Except as provided for in (2)
				(a), when the OALJ or the presiding ALJ receives a request to withdraw, the ALJ
				will vacate the hearing provided that no other party has also requested a
				hearing in the same case. If no other party has requested a hearing, before
				vacating the hearing the ALJ will give the other parties an opportunity to
				request a hearing. If no party accepts this opportunity, the ALJ will vacate
				the hearing and the matter will be resolved as a default of the pending
				contested case notice or, if applicable, by stipulation. If another party
				requests or has requested a hearing, the request to withdraw will be deemed
				denied; the contested case will proceed to hearing and to a final decision and
				order based on the testimony and arguments of the parties who appear and
				participate at the hearing.
(c) If
				a party who has requested a hearing fails to appear at a scheduled hearing, the
				presiding ALJ may, unless prohibited by a statute, deem the party's request for
				hearing to be withdrawn. When a request is deemed withdrawn, the ALJ will
				proceed as provided in (2) (b) .
(d) When a scheduled hearing is vacated as a
				result of a failure in (2) (c), the ALJ, upon a showing of good cause by the
				requesting party, may revive the withdrawn hearing request and schedule a
				hearing. The request to revive must be made in writing within 10 days after the
				hearing was vacated and must explain in detail why the requesting party was
				unable to appear at a scheduled hearing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Act" means the
				Child Support Enforcement Act, Title 40, chapter 5, part 4, MCA.
(2) "File or file with the department" for
				the purposes of
				40-5-414(1),
				MCA, means that the request for hearing must be delivered to and received by
				the CSSD hearing office within the time specified by law.
(3) "Notice" means a notice of withholding
				issued pursuant to
				40-5-413,
				MCA.
(4) "Order" means an order to
				withhold income issued pursuant to
				40-5-415,
				MCA, and, where the context requires, also means an order to modify issued
				pursuant to
				40-5-417,
				MCA.
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-405,
					 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,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1103 - WITHHOLDING ENTITY

Current through Register Vol. 13, July 5, 2024
(1) The CSSD is
				designated the "state disbursement unit" pursuant to
				42
				USC 666(b)(5).
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-405,
					 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,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1105 - VOLUNTARY WITHHOLDING

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding
				the provisions of
				40-5-412(2),
				MCA, the CSSD may, at the request of the obligor, take steps to implement
				income withholding at any earlier time, in an amount determined in accordance
				with
				40-5-416,
				MCA.
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-405,
					 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,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1107 - EFFECT OF DELAY OR CONTINUANCE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-405,
					 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,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1109 - ISSUES DETERMINABLE AT HEARING

Current through Register Vol. 13, July 5, 2024
(1) The
				administrative hearing provided in the act is limited to the determination of
				whether income withholding, including the amounts to be withheld, is improper
				because of a mistake of fact. To accomplish this purpose, and to facilitate the
				speedy resolution of disputes relating to income withholding, the obligor must
				state in his hearing request a mistake of fact which constitutes grounds upon
				which the request is based. If the obligor fails to state such grounds, the
				department may deny the hearing because there is no issue upon which a hearing
				may be granted.
(2) For purposes of
				this section, a "mistake of fact" shall be defined to include the following:
(a) mistakes concerning the identity of the
				obligor;
(b) mistakes concerning
				the existence or amount of the support obligation;
(c) mistakes in the determination that
				delinquent support amounts owed are equal to or greater than one month's
				support; and
(d) mistakes in the
				computation of delinquent support amounts owed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1111 - PROMPT DELIVERY OF WITHHELD AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				For purposes of
				40-5-421(1),
				MCA, the term "promptly" as it relates to the delivery of withheld amounts
				shall be defined as being no more than ten days after the obligor's regularly
				scheduled payday.
40-5-405,
					 MCA; IMP,
					 40-5-421,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1113 - AVAILABILITY OF HARDSHIP ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) In
				certain circumstances, the amount of money required to be withheld to defray
				delinquent support amounts owed under the terms of the act may be temporarily
				reduced at the discretion of the CSSD. Such a "hardship adjustment" may be made
				upon a showing that extraordinary costs or expenses for special medical,
				dental, and mental health needs have been incurred by the obligor or the
				obligor's dependents; that these costs are actually being paid by the obligor;
				and that the obligor is not being reimbursed by insurance. A hardship
				adjustment may also be based upon special costs or expenses which are directly
				related to the obligor's ability to earn income available for withholding, and
				which, if not paid by the obligor, would result in a major loss of income.
				Further, a hardship adjustment may be considered if the total income of the
				obligor's household only minimally meets the subsistence level for food,
				housing, clothing, and other necessities as established by the United States
				poverty guidelines.
(2) Such
				exercise of discretion does not constitute a "contested case" under the terms
				of the Montana Administrative Procedure Act, nor does it represent a "mistake
				of fact" upon which a hearing may be granted.
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-416,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1115 - EFFECT OF HARDSHIP DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) A
				pending hardship determination does not stay or delay hearings on, or
				implementation of, income withholding.
(2) A request for hardship determination may
				be made at any time, without regard to whether income withholding is pending or
				has been previously implemented.
(3) A hardship adjustment applies only to the
				amount to be withheld to defray accumulated interest, fees, if any, and
				delinquent support amounts owed. It does not affect the amount of the obligor's
				current support obligation.
(4)
				Whenever the CSSD has determined that a hardship adjustment is appropriate, it
				shall issue a withholding order, or a modification of an existing withholding
				order, which reflects the hardship adjustment. No order may be issued for the
				withholding of less than:
(a) the amount of
				current support plus the monthly hardship payment determined by the CSSD if the
				obligor owes an ongoing current support obligation; or
(b) the monthly hardship payment determined
				by the CSSD if the obligor's current support obligation has
				terminated.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1117 - PROCEDURES FOR DETERMINING HARDSHIP ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) The CSSD will use the following
				procedures as a guideline for the exercise of its discretion in determining
				hardship adjustments:
(a) The review will
				determine if the obligor is eligible for a reduction of the amount which would
				normally be withheld to defray the support delinquency and interest, if
				any.
(b) The review will be
				conducted ex parte by the CSSD 's regional office based on financial
				information provided by the obligor or obtained from other sources.
(c) The standard for review will be the
				application of a formula developed by the CSSD. The CSSD will, upon request,
				provide copies of the formula to any interested person.
(d) The CSSD will determine the length of
				time the hardship adjustment will continue. The hardship adjustment will
				terminate at the end of the determined period, or cessation of the hardship
				condition, whichever occurs first. In the event the hardship condition
				continues after the end of such period, it shall be the obligor's duty to
				request further review at that time.
(e) If the obligor disagrees with the CSSD 's
				determination, a request may be made in writing for further review by the CSSD
				division administrator or designee.
(f) If a request for further review is
				received, the division administrator or designee will review the previous
				determination and make an independent determination based on all relevant
				considerations. The decision of the division administrator or designee will be
				final for all purposes.
(g) Only
				one request for a hardship review is available to the obligor for each claimed
				incident of hardship. Further review will not be granted except upon a showing
				of circumstances not existing at the time of the original
				determination.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1119 - UNCLAIMED COLLECTIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-5-405,
					 MCA; IMP:
					 40-5-401,
					 40-5-402,
					 40-5-403,
					 40-5-404,
					 40-5-405,
					 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,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.11 - Income Withholding Procedures › Rule 37.62.1122 - DETERMINING UNENFORCEABLE CASE STATUS

Current through Register Vol. 13, July 5, 2024
(1)
				This rule establishes the criteria which a IV-D case must satisfy to be
				categorized as unenforceable. All of the following criteria must be met:
(a) no payments have been posted to the case
				in the last 12 months, and payments are not expected to be posted in the
				immediate future;
(b) no payments
				from the federal offset program have been received during the past two years;
(c) no payments from the state
				offset program have been received during the past two years;
(d) if payments have been made in the past
				two years, collected by methods other than federal or state offset, those
				payments do not exceed $1,000.00;
(e) the CSSD has not identified any
				attachable financial institution accounts belonging to the obligor
				parent;
(f) the CSSD has not
				identified any executable assets belonging to the noncustodial
				parent;
(g) a credit bureau report
				accessed within the past six months indicates that income or asset information
				is unavailable; and
(h) in a case
				involving Title IV-E funds, all of the children of the case have been
				emancipated, or parental rights of the noncustodial parent have been
				terminated.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1301 - PURPOSE STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to facilitate the implementation of the process to suspend
				licenses for nonsupport as provided in
				40-5-701,
				et seq., MCA, or failure to comply with a subpoena or warrant, and establishing
				criteria for claiming hardship and requesting an immediate stay of
				suspension.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1303 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "CSSD" means
				the Child Support Services Division.
(2) "Financial hardship payment plan" means a
				plan offered to the obligor by the CSSD for agreement which provides for
				monthly support arrears payments by the obligor in a lesser amount than under a
				standard payment plan and which, upon approval by the CSSD office of the
				administrative law judge, stays further license suspension
				proceedings.
(3) "Resultant
				hardship" means a hardship an obligor may claim at the time of or after the
				license suspension hearing, based on the impact of a license suspension on the
				obligor, to legal dependents residing in obligor's household, to obligor's
				employees, or to persons, business or other entities served by the
				obligor.
(4) "Standard payment
				plan" means a plan offered to the obligor by the CSSD for agreement which
				provides for monthly support payments by the obligor and which, upon approval
				by the CSSD office of the administrative law judge, stays further license
				suspension proceedings.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-710,
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1305 - CRITERIA FOR STANDARD PAYMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) A
				standard payment plan agreement must contain, but is not limited to, the
				following:
(a) sufficient security to ensure
				compliance with the support order;
(b) an acknowledgment by the obligor of the
				amount of the unpaid support debt;
(c) the obligor's agreement to pay each month
				an amount which equals current support plus at least 1/24 or more of the
				arrears debt;
(d) voluntary or
				involuntary income withholding where applicable;
(e) the obligor's waiver of a right to assert
				the affirmative defense of the statute of limitations to the collection of the
				debt not barred by a statute of limitations at the time the notice of intent to
				suspend was issued;
(f) an
				agreement that entry into a standard payment plan does not reduce the arrears
				obligation but only the payments toward the arrears debt;
(g) an agreement that a standard plan does
				not limit the CSSD's right to pursue collection of the arrears by other
				means;
(h) an agreement that the
				obligor gives up his or her right to an administrative fair hearing;
				and
(i) an agreement that the
				obligor gives up his or her right to have a district court review the decision
				of the CSSD hearing officer.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1307 - FINANCIAL HARDSHIP PAYMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) A
				financial hardship payment plan may temporarily reduce the monthly amount of
				money to be paid by the obligor toward delinquent support arrears amounts which
				would otherwise be due under the terms of a standard payment plan. All other
				requirements of a standard payment plan apply to a financial hardship payment
				plan.
(2) Circumstances justifying
				a financial hardship include, but are not limited to a showing of:
(a) extraordinary costs or expenses for
				special medical, dental, and mental health needs have been incurred by the
				obligor or the obligor's dependents; that these costs are actually being paid
				by the obligor; and that the obligor is not being reimbursed by
				insurance;
(b) special costs or
				expenses which are directly related to the obligor's ability to earn income
				available for direct payment or withholding, and which, if not paid, would
				result in a major loss of income. For example, if the obligor is a taxi driver
				who needs an operable vehicle to make money to pay support and the engine needs
				major repairs, a short term financial hardship payment plan may be appropriate;
				or
(c) total income of the
				obligor's household is below the United States poverty guidelines for an
				equivalent sized household.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1309 - EFFECT OF FINANCIAL HARDSHIP PAYMENT PLAN DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) A pending financial hardship payment plan
				determination does not stay or delay hearings on, or implementation of, license
				suspension, absent a stay or continuance issued by the CSSD administrative
				hearing officer.
(2) A request for
				a financial hardship payment plan determination on each claimed incident of
				hardship may be made at any time, without regard to whether a license
				suspension proceeding is pending or has been previously implemented.
(3) A financial hardship payment plan applies
				only to the amount to be withheld to defray accumulated interest, fees, if any,
				and delinquent support amounts owed. It does not affect the amount of the
				obligor's current support obligation.
(4) Whenever the CSSD has determined that a
				financial hardship payment plan is appropriate, the CSSD hearing officer shall
				consider the financial hardship payment plan and either approve or disapprove
				the plan.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-710,
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1311 - PROCEDURES FOR DETERMINING FINANCIAL HARDSHIP PAYMENT PLAN TERMS

Current through Register Vol. 13, July 5, 2024
(1) The CSSD will use the following
				procedures as a guideline for the exercise of its discretion in determining the
				payment terms of a financial hardship payment plan:
(a) the obligor must request a financial
				hardship determination in writing to the CSSD office issuing the notice of
				intent to suspend stating the reasons a hardship adjustment is appropriate. The
				CSSD will determine if the obligor is eligible for a reduction of the amount
				which would normally be paid or withheld, under a standard payment plan, to
				defray the support delinquency and interest and fees, if any;
(b) the standard for determining the amount
				of the monthly payment toward support debt under a financial hardship payment
				plan will take into consideration the gross income of the obligor and the
				United States poverty index promulgated each year by the United States office
				of management and budget;
(c) the
				CSSD will determine the length of time the financial hardship determination
				will continue, based on the information provided by the obligor. The financial
				hardship payment plan will terminate at the end of the determined period,
				cessation of the financial hardship condition, or upon modification of the
				obligor's current/future support obligation, whichever occurs first. In the
				event the financial hardship condition continues after the end of such period,
				it shall be the obligor's duty to request further review prior to the date of
				expiration;
(d) only one request
				for a financial hardship determination is available to the obligor for each
				claimed incident of financial hardship. Further review will not be granted
				except upon a showing of circumstances not existing at the time of the original
				determination; and
(e) if the
				obligor disagrees with the CSSD's financial hardship determination, the license
				suspension process will proceed to hearing, if the obligor has timely requested
				a hearing pursuant to the requirements of
				40-5-703,
				MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1313 - PROCEDURES AND CRITERIA FOR RESULTANT HARDSHIP

Current through Register Vol. 13, July 5, 2024
(1) The obligor must make a written claim for
				a resultant hardship to the CSSD office of the administrative law judge. The
				obligor must mail a copy of claim to the CSSD office issuing the notice of
				intent to suspend.
(2) The burden
				is on the obligor to prove that the claimed resultant hardship is not merely an
				inconvenience to the obligor, but is a tangible circumstance that would
				endanger or otherwise result in irreparable harm to the obligor's household,
				employees, legal dependents or other persons, businesses or entities served by
				the obligor.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-710,
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1315 - STAY OF LICENSE SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) A stay
				of a license suspension may be issued by the CSSD office of the administrative
				law judge at any time subsequent to receipt in the CSSD office of the
				administrative law judge of a written claim of resultant hardship or a written
				motion for a stay pending a financial hardship payment plan
				determination.
(2) The CSSD office
				of the administrative law judge may issue an immediate stay if the hearing
				officer determines a reasonable chance of irreparable harm exists if a stay is
				not issued prior to a hearing on the resultant hardship claim or motion for a
				stay.
(3) Only one request for stay
				is available to the obligor for each claimed incident of financial or resultant
				hardship.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-710,
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.13 - Suspension of Licenses › Rule 37.62.1317 - CONTESTED CASE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise provided in these rules or the authorizing statutes, administrative
				hearings shall be requested and conducted as provided in ARM Title 37, chapter
				62, subchapter 9.
AUTH:
					 40-5-713,
					 MCA; IMP:
					 40-5-703,
					 40-5-713,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.15 - State Debt Offsets › Rule 37.62.1501 - OFFSET OF STATE TAX REFUNDS AND OTHER PAYMENTS FOR DEBTS COLLECTED BY CHILD SUPPORT AGENCY

Current through Register Vol. 13, July 5, 2024
(1) The CSSD will
				notify the Department of Revenue as provided for by
				17-4-105,
				MCA, of any past due debt resulting from or relating to a child support
				obligation owing to or collected by the state under Title IV-D of the Social
				Security Act. The debt must have accrued through a written contract, court
				judgment, administrative order, or a distribution the recipient was not
				entitled to retain as described in
				40-5-910,
				MCA, and shall be for a definite amount of money due and owing to or collected
				by the state under Title IV-D of the Social Security Act.
(2) If the tax refund exceeds the debt, the
				excess tax refund will be returned to the taxpayer by the Department of
				Revenue.
(3) All cases which have a
				past due debt resulting from or relating to a child support obligation owing to
				or collected by the state under Title IV-D of the Social Security Act will be
				referred to the Department of Revenue for debt offset.
AUTH:
					 17-4-105,
					 MCA; IMP:
					 17-4-105,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.15 - State Debt Offsets › Rule 37.62.1503 - NOTICE OF STATE TAX REFUNDS AND OTHER PAYMENTS OFFSET FOR DEBTS COLLECTED BY CHILD SUPPORT AGENCY

Current through Register Vol. 13, July 5, 2024
(1) After the
				Department of Revenue gives written notice of a pending offset as provided by
				17-4-105(2),
				MCA, and the taxpayer desires to contest the proposed offset, the taxpayer must
				request a hearing in accord with
				17-4-105(4),
				MCA, and ARM
				42.10.506 and
				42.10.507 following the day the
				notice was mailed to the taxpayer.
AUTH:
					 17-4-105,
					 MCA; IMP:
					 17-4-105,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.15 - State Debt Offsets › Rule 37.62.1505 - OFFSET OF JOINT RETURN

Current through Register Vol. 13, July 5, 2024
(1) If the refund
				or other payment to be offset is a joint return, the spouse who does not owe
				the obligation to be collected by the Title IV-D agency may object pursuant to
				the procedures set forth in ARM
				42.15.326 through
				42.15.329 to having his or her
				share of the refund applied against the child support obligation. Under those
				procedures, an adjustment will be made to the joint tax return reflecting that
				portion of the return by the Department of Revenue that is attributable to the
				taxpayer who owes the obligation and only that portion will be
				offset.
(2) Filing the "injured
				spouse statement" does not relieve the taxpayer who is liable for a past due
				debt resulting from or relating to a child support obligation payable to the
				state under Title IV-D of the Social Security Act from requesting a hearing
				under ARM 37.62.1503 if the taxpayer wishes
				to contest the offset procedure or to present defenses to the debt.
AUTH:
					 17-4-105,
					 MCA; IMP:
					 17-4-105,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.17 - Reports to Credit Reporting Agencies › Rule 37.62.1701 - NOTICE ON INTENT TO REPORT

Current through Register Vol. 13, July 5, 2024
(1) The notice of
				intent to report a support debt to a consumer reporting agency required by
				40-5-261,
				MCA, may be given by incorporating a statement of such intent in the notices
				generally served on obligors under
				17-4-103,
				40-5-208,
				40-5-222,
				40-5-225,
				40-5-232,
				40-5-413,
				40-5-702,
				MCA, and
				45
				CFR 303.72 as amended.
AUTH:
					 40-5-262, MCA;
					 IMP:
					 40-5-261,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.17 - Reports to Credit Reporting Agencies › Rule 37.62.1703 - ELECTRONIC REPORTS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of reporting a support debt to a consumer reporting agency, upon a request by a
				consumer reporting agency, the CSSD may provide such information by electronic
				means.
AUTH:
					 40-5-262, MCA;
					 IMP:
					 40-5-261,
					 MCA