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 37.62.303 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, unless the context requires
				  otherwise, the following definitions apply:
(1) Insofar as they are not inconsistent
				with, or clarified by, the more specific definitions set forth in this chapter,
				the definitions set forth in
				40-5-201,
				40-5-403,
				40-5-701,
				40-5-801
				and
				40-5-901,
				MCA are adopted and incorporated by reference. Copies of
				40-5-201,
				40-5-403,
				40-5-701,
				40-5-801
				and
				40-5-901,
				MCA may be obtained from the Department of Public Health and Human Services,
				Child Support Services Division, P.O. Box 202943, Helena, MT
				59620-2943.
(2) "ALJ" means a CSSD
				administrative law judge whose duties are defined in ARM
				37.62.901.
(3) "Caseworker" means an employee of the
				CSSD who is authorized to initiate and participate in a contested case as
				provided in these rules and by CSSD policy and procedures.
(4) "Child support guidelines" means the
				administrative rules used to determine child support obligations as provided in
				ARM Title 37, chapter 62, subchapter 1.
(5) "Contested case" means a proceeding
				subsequent to service of a contested case notice under the Montana
				Administrative Procedure Act, the Uniform Interstate Family Support Act and the
				applicable provisions of Title 40, chapter 5, MCA and
				17-4-105,
				MCA in which a determination of legal rights, duties and responsibilities is to
				be made after opportunity for hearing. This definition is not intended to
				include investigations made to determine if formal "contested case" proceedings
				should be instituted nor does it include proceedings related to the enforcement
				of support orders unless a statute provides for a hearing before the
				enforcement action may be taken.
(6) "Contested case notice" means a notice
				that initiates a contested case under the applicable sections of Title 40,
				chapter 5, MCA and
				17-4-105,
				MCA and the Montana Administrative Procedure Act. Until a contested case notice
				is served on a party, there is no contested case and no corresponding right to
				an administrative hearing. Contested case notice does not apply to procedural
				notices such as a notice of hearing.
(7) "CSSD" means the Child Support Services
				Division, an agency within the Department of Public Health and Human Services
				charged with the responsibility of providing support enforcement services under
				Title IV-D of the Social Security Act.
(8) "Guidelines" means the child support
				guidelines defined at (4) of this rule.
(9) "OALJ" means the CSSD's office of the
				administrative law judge as described in ARM 37.62.901.
(10) "Party" is defined in ARM
				37.62.913.
(11) "Presiding ALJ" means the ALJ assigned
				to a contested case when a party requests a 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,
					 40-5-201,
					 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