reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 27 - Child Support Administrative Hearings [REVOKED] › Section 340:2-27-2 - Jurisdiction and issues [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Revoked at 9 Ok Reg 2761, eff
				  7-13-92
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 27 - Child Support Administrative Hearings [REVOKED] › Section 340:2-27-3 - Standard of review [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Revoked at 9 Ok Reg 2761, eff
				  7-13-92
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 27 - Child Support Administrative Hearings [REVOKED] › Section 340:2-27-4 - Hearing procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Revoked at 9 Ok Reg 2761, eff
				  7-13-92
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide rules for all
				  administrative hearings of child support and other matters under the
				  jurisdiction of the Office of Administrative Hearings: Child Support, as
				  defined in this Subchapter. This Subchapter complies with Section
				  237
				  of Title 56 of the Oklahoma Statutes to administer the Oklahoma Department of
				  Human Servicesstatewide plan for child support enforcement under Title IV, Part
				  D, of the Social Security Act, Sections 651 through 669B, of Title 42 of the
				  United States Code, Chapter III of Title 45 of the Code of Federal Regulations,
				  Sections 237 through 240.23 of Title 56 of the Oklahoma Statutes, applicable
				  provisions of Titles 10, 43, and 68 of the Oklahoma Statutes, and all other
				  relevant state and federal laws. Nothing in this Subchapter shall be construed
				  to limit the rights of persons who are not represented by counsel to submit
				  pleadings on their own behalf.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"ALJ"
means an administrative law judge in the
				  Office of Administrative Hearings: Child Support.
"Authorized representative"
means a person
				  designated under law to act for another person or an entity, such as a guardian
				  of a child or an executor of an estate.
"Child Support Enforcement Division"
or
"CSED"
means the Child Support Enforcement Division of the
				  Oklahoma Department of Human Services (OKDHS). District offices of CSED may be
				  administered by OKDHS or through contract or cooperative agreements with
				  district attorneys, Community Action Program (CAP) agencies, Native American
				  tribal organizations, and others. As used in this Subchapter, CSED includes all
				  of these district offices and their employees and agents.
"Custodian"
means the person who has primary
				  physical custody of the child(ren).
"Electronic filing"
means the submission of
				  documents to the Office of Administrative Hearings: Child Support through an
				  electronic medium rather than the use of a paper document.
"In camera"
means before the ALJ without
				  spectators.
"In forma pauperis affidavit"
means a sworn
				  declaration or statement of facts made by an indigent person seeking waiver of
				  transcription costs and fees.
"IV-D"
means Title IV, Part D, of the Social
				  Security Act generally relating to child support. Title IV appears in the
				  United States Code as Sections 601 through 687, Subchapter IV, Chapter 7, Title
				  42.
"IV-D case"
means a child support case receiving
				  IV-D services.
"Natural person"
means a human being as opposed
				  to an entity created by law.
"Noncustodial parent"
means a parent who does
				  not have primary physical custody of the child(ren).
"OAH"
means the Office of Administrative
				  Hearings: Child Support within OKDHS Legal Services. [56 O.S. § 237.7 ]
"Obligor"
means the person required to make
				  payments under an order for support. [12 O.S. § 1170 and 56 O.S. §
				  237.7]
"Pleading"
means a formal document that contains
				  statements or allegations that constitute a cause of action or defense.
"Pro se"
means without a lawyer.
"Writ of mandamus"
means a written order issued
				  by a court to compel a lower court or government officer to perform mandatory
				  or ministerial duties correctly.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-3 - Scope of rules

Current through Vol. 41, No. 20, July 1, 2024
The rules of procedure govern the practice for all matters
				  presented to an administrative law judge (ALJ) in the Office of Administrative
				  Hearings: Child Support (OAH). All matters presented to an ALJ are conducted in
				  accordance with applicable law and the rules in this
				  Subchapter.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-3.1 - Waiver

Current through Vol. 41, No. 20, July 1, 2024
Upon a finding by the Office of Administrative Hearings:
				  Child Support (OAH) that any rule in this Subchapter works a manifest
				  injustice, the same rule may be waived for that particular instance. An express
				  finding of manifest injustice on the record is not required for such waiver.
				  All parties and attorneys will be given notice and an opportunity to respond
				  before a decision is made.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-4 - Office of Administrative Hearings: Child Support

Current through Vol. 41, No. 20, July 1, 2024
The Office of Administrative Hearings: Child Support (OAH),
				  conducts child support enforcement hearings pursuant to Section
				  237.7(3)
				  of Title 56 of the Oklahoma Statutes. All hearings are conducted by
				  administrative law judges assigned to OAH.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-4.1 - Districts

Current through Vol. 41, No. 20, July 1, 2024
The chief administrative law judge (ALJ) assigns ALJs to
				  various child support districts within the state. Unless the assigned ALJ
				  recuses or is otherwise unavailable, the assigned ALJ determines all actions in
				  cases docketed by the child support districts to which that ALJ is assigned.
				  However, if the assigned ALJ is not available for a docket or for an action in
				  a case on the docket, the chief ALJ may assign another ALJ to the docket or to
				  an action in a case, within the discretion of the chief ALJ, provided
				  appropriate consideration is given to maintaining the ALJ's continuity in
				  individual actions that he or she heard or partially-heard on the record. If an
				  action was heard or partially-heard on the record by an ALJ who is later not
				  immediately available, the chief ALJ or another ALJ, as designated by the chief
				  ALJ, may continue the matter without hearing to a date when the assigned ALJ is
				  available. The chief ALJ may delegate to the court clerks, as appropriate, the
				  ability to secure an available ALJ to conduct a hearing, when the assigned ALJ
				  is unavailable and no part of the individual action in a case has been
				  previously heard on the record.
Amended and renumbered
				  from 340:2-28-13 at 20 Ok Reg 2033, eff
				  7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-4.2 - Terms and location of Office of Administrative Hearings: Child Support

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of
				Administrative Hearings: Child Support (OAH) is in session whenever there is a
				regularly- or specially-scheduled docket with participating district child
				support offices on days designated for administrative hearings. Pleadings,
				other documents, and orders may be filed on any business day at OAH located in
				the Sequoyah Building, 2400 North Lincoln Boulevard, Oklahoma City, Oklahoma.
				Filing may be accomplished through hand-delivery, postal or parcel delivery,
				and electronic transmission, if the available means are secure and compatible
				with OAH docketing and case management software. A document filed through email
				is a portable digital file or is a *.pdf formatted file and is submitted to:
				Legal.OAH.Staff@okdhs.org. The use of email to submit documents for filing is
				limited to parties and attorneys external to Oklahoma Human Services.
				Electronic transmission, in this context, does not include text messaging. The
				OAH mailing address is Oklahoma Department of Human Services, Attn: OAH, P.O.
				Box 25352, Oklahoma City, Oklahoma 73125-0352.
(b) Proceedings may not commence unless and
				until an administrative case is opened through Oklahoma Department of Human
				Services Child Support Services.
Amended and renumbered
				  from 340:2-28-14 at 20 Ok Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-4.3 - Clerk of Office of Administrative Hearings: Child Support

Current through Vol. 41, No. 20, July 1, 2024
The docketing clerks of the Office of Administrative
				  Hearings: Child Support (OAH), are authorized to perform all non-judicial
				  support duties, including but not limited to, maintaining case records,
				  dockets, and calendar; filing and certifying documents; facilitating hearing
				  arrangements; arranging for transcripts and payment; and preparing, certifying,
				  and transmitting the record in appeals.
Amended and renumbered
				  from 340:2-28-15 at 20 Ok Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-5 - Seal [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-6 - Public records [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-7 - The Administrative Law Judge (ALJ) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-8 - Qualifications and power of administrative law judge

Current through Vol. 41, No. 20, July 1, 2024
(a) An administrative law judge (ALJ) must be
				admitted to the practice of law by the State of Oklahoma and be a member in
				good standing of the Oklahoma Bar Association. An ALJ must meet any other
				requirements prescribed by the Legal Division, Oklahoma Department of Human
				Services.
(b) All OAH ALJs, whether
				full-time or part-time, are subject to the requirements of the Code of Judicial
				Conduct.
(c) All OAH ALJs are
				authorized pursuant to state and federal laws referenced in OAC
				340:2-28-1 and the rules
				in this Subchapter. The duties of the ALJ are to conduct fair hearings, avoid
				delays, maintain order, and make a record of all proceedings arising under the
				ALJ's jurisdiction. The ALJ has all powers necessary to accomplish these ends,
				which fall within the scope of judicial functions. The chief administrative law
				judge has all additional powers necessary to oversee OAH functions.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-9

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-10 - Empowered duties of the Administrative Law Judge [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-11 - Disqualification or recusal of an administrative law judge (ALJ)

Current through Vol. 41, No. 20, July 1, 2024
When an ALJ disqualifies or recuses from a case, the chief
				  ALJ assigns a different ALJ. If the chief ALJ disqualifies or recuses from a
				  case, a different ALJ is assigned by random lot, drawn by a docketing
				  clerk.
(1) Any ALJ may disqualify or
				recuse on their own motion.
(2) A
				motion to disqualify an ALJ from a case may be filed with the Office of
				Administrative Hearings: Child Support (OAH), stating the basis for the
				request. The ALJ may recuse on their own motion; grant the motion without
				setting for hearing; or, in the ALJ's discretion, determine the motion after a
				hearing.
(A) When a motion to disqualify is
				denied, the Chief ALJ will reconsider the motion, upon the filing of a request
				for review. The request for review will be determined after hearing and when
				the Chief ALJ disqualifies the subject ALJ, the Chief ALJ assigns a different
				ALJ.
(B) When the subject of a
				motion to disqualify is the Chief ALJ, the request for review will be decided
				by a different ALJ assigned by random lot, drawn by a docketing clerk. The
				request for review will be determined after hearing and when the reviewing ALJ
				disqualifies the Chief ALJ, the reviewing judge will assign a different ALJ by
				random lot, not to include the reviewing ALJ.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-11.1 - Ex parte communication

Current through Vol. 41, No. 20, July 1, 2024
Ex parte communications are governed by Rule 2.9, Appendix 4
				  of Title 5 of the Oklahoma Statutes. Communication with the Office of
				  Administrative Hearings: Child Support (OAH) regarding scheduling and
				  procedural matters is permitted and includes physical and/or technical
				  requirements, preferences, or requested accommodations regarding the hearing
				  setting and/or arrangement, per Rule 2.9. Child Support Services (CSS) and OAH
				  are permitted to communicate regarding the creation/existence of a CSS family
				  violence indicator in a particular case, per Rule 2.9.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-12

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-13 - Districts [AMENDED AND RENUMBERED TO 340:2-28-4.1]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended and
				  renumbered to 340:2-28-4.1 at 20 Ok Reg 2033, eff
				  7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-14 - Terms and location of Court [AMENDED AND RENUMBERED TO 340:2-28-4.2]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended and
				  renumbered to 340:2-28-4.2 at 20 Ok Reg 2033, eff
				  7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-15 - Clerk of Office of Administrative Hearings [AMENDED AND RENUMBERED TO 340:2-28-4.3]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended and
				  renumbered to 340:2-28-4.3 at 20 Ok Reg 2033, eff
				  7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-16 - Rights of parties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-16.1 - Docketing cases

Current through Vol. 41, No. 20, July 1, 2024
District child support offices docket their hearing notices
				  and continuances through an approved Office of Administrative Hearings: Child
				  Support (OAH) docketing system available to child support enforcement. Hearing
				  notices and continuances must be docketed a minimum of 14 days prior to the
				  docket date. Cases not approved for the docket may be heard at the discretion
				  of the assigned administrative law judge.The second Friday of each month is
				  reserved for Office of Administrative Hearings: Child Support staff meetings;
				  there are no dockets or hearings set on that date.
Added at 20 Ok Reg 2033,
				  eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-16.2 - Service of orders

Current through Vol. 41, No. 20, July 1, 2024
(a) Orders prepared
				by the administrative law judge (ALJ), in a specific case, must be mailed or
				hand-delivered to the parties within three business days, from the filing of
				the order, by the ALJ, unless the ALJ directs the mailing or delivering of an
				order by one party upon another. Copies of all orders must be mailed or
				hand-delivered to opposing parties by the preparer within three business days
				from the filing of the order.
(b)
				Providing copies of the filed order, in a specific case, through an electronic
				means available to parties is an acceptable form of delivery. Electronic
				delivery of orders must be accomplished within three days of filing the order.
(c) Administration orders
				concerning court operations authorized by the Chief ALJ are not required to be
				filed in individual cases; electronic copies of any administration order will
				be provided upon request.
Added at 20 Ok Reg 2033,
				  eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-17 - Local Child Support Office [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-17.1 - Hearing room

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless all
				participants in a hearing are instructed to appear by video and/or telephonic
				means, each district child support office or the designated Oklahoma Human
				Services building hub for a district child support office must provide the
				administrative law judge (ALJ) with a hearing room designated for the exclusive
				use by the ALJ for the hearing. The room provided must be large enough to
				accommodate the ALJ and required computer equipment as well as a minimum of six
				additional people during the hearing.
(b) No person shall carry a firearm or other
				weapon into the hearing room, except for law enforcement officers or security
				personnel in their official capacity for the purpose of providing security in
				the hearing room or law enforcement officers having a prisoner in custody.
(c) Other than those items
				belonging to the ALJ, briefcases, boxes, bags, purses, and any and all
				containers of any type are not permitted in the hearing room without permission
				of the ALJ. The owners of those items are solely responsible for providing for
				the safekeeping of the items during the hearing.
(d) If all participants are instructed to
				appear for hearing by video and/or telephonic means, the district child support
				office may utilize a hearing room in compliance with those instructions but is
				not required to provide access to external participants.
Added at 20 Ok Reg 2033,
				  eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-17.2 - Pleadings and motion practice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Document signatures.
(1)
Signing pleadings.
Every pleading and motion filed with the Office
				of Administrative Hearings: Child Support (OAH) must be signed by an attorney
				of record, whose Oklahoma Bar Association (OBA) identification number must be
				stated, or when the party is not represented by an attorney, must be signed by
				the party. A pleading is any document that contains statements or allegations
				that constitute a cause of action or defense. Each pleading and motion must
				include the signer's address and phone number, if any. Pleadings need not be
				supported by affidavit except as provided for by rule or statute.
(2)
Signing other documents.
Other documents, such as legally-mandated administrative notices issued by
				Child Support Services (CSS) to notify obligors of proposed enforcement
				actions, do not require an attorney's signature.
(3)
Signatures submitted through
				electronic means.
Electronic mediums that attach an electronic signature
				are acceptable to meet signature requirements. In addition to electronic
				transmittals of documents and electronic signatures, signatures on any document
				transmitted by electronic means including, but not limited to, scan or email
				have the same force and effect as an original, physical signature, per Section
				237.9a
				of Title 56 of the Oklahoma Statutes. This provision does not authorize filing
				documents through text.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-18 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Right to
				discovery.
Parties to an action before an administrative law judge (ALJ)
				of the Office of Administrative Hearings: Child Support, have the right to
				conduct discovery under the Oklahoma Discovery Code, Chapter 41 of Title 12 of
				the Oklahoma Statutes. ALJs may enter orders for discovery as
				necessary.
(b)
Discovery not
				filed.
Requests for the purpose of discovery must not be filed with OAH,
				unless the discovery document accompanies a pleading, motion, a response to a
				motion, or is ordered by the ALJ. Motions to compel discovery and/or for
				protective orders are permitted.
(1) It is
				the responsibility of the party submitting the documents to redact any
				sensitive material.
(2) Any
				discovery that contains personal identifiers, such as bank account, routing,
				taxpayer identification, or Social Security numbers, may be redacted by the
				party submitting the documents. When the numbers are relevant to the case,
				redacting all numbers except for the last four digits is acceptable. The party
				submitting the redacted documents must not redact the originals; the redaction
				is made on copies of the originals, with the redacted copies submitted in
				substitution for the originals.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-19 - Evidentiary purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing
				includes argument, factual evidence, including testimony, stipulations, and
				exhibits; and judicial notice of the law and of adjudicative facts, pursuant to
				the Oklahoma Evidence Code, 12 O.S. Section 2101 et seq; however, the technical
				rules of evidence do not apply to the hearing. Rules and principles designed to
				ensure production of the most credible evidence available and to subject
				testimony to test by cross-examination are applied by the ALJ where reasonably
				necessary. All documents and other evidence offered or taken for the record are
				open to examination by the parties, unless limited by redaction or a protection
				order.
(b) Exhibits intended to be
				offered must be exchanged prior to the hearing, except for exhibits to be
				offered in rebuttal and except for exhibits for which the opposing parties
				waive their right to inspect on the record. The ALJ may recess the hearing to
				allow for exchange of exhibits offered in rebuttal, as necessary and
				reasonable, or the exchange of exhibits initially offered at hearing, based
				upon an anticipated waiver of inspection which then does not occur on the
				record. The ALJ may require a proffer to determine the reasonableness and
				necessity of a recess for these purposes. All exhibits offered in electronic
				format are considered a substitution for the original. All exhibits submitted
				are pre-marked for identification. Any exhibit submitted to the court in
				anticipation of being offered, but which is not offered at the close of the
				record, will not be considered part of the court record and will not be
				maintained.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-20 - Entry of appearance

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				attorneys must execute an entry of appearance by filing, either on paper or
				through a secured electronic means approved by the Office of Administrative
				Hearings: Child Support (OAH), a:
(1) formal
				entry of appearance with the OAH; or
(2) signed pleading or motion with OAH that
				contains the attorney's name, Oklahoma Bar Association number, address, and
				telephone number.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-21 - Exclusion from hearing for misconduct

Current through Vol. 41, No. 20, July 1, 2024
Disrespectful or disorderly conduct, disrespectful or
				  offensive language, refusal to comply with directions, or continued use of
				  delay tactics by any person at the hearing before an administrative law judge
				  (ALJ) constitutes grounds for immediate exclusion of the person from the
				  hearing by the ALJ.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-22 - Professional conduct and dress requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Attorneys practicing before the Office of
				Administrative Hearings: Child Support (OAH) are expected to conduct themselves
				in accordance with the Model Rules of Professional Conduct of the American Bar
				Association, as adopted by the Oklahoma Supreme Court as the standard of
				conduct of all members of the Oklahoma Bar Association.
(b) Appropriate dress is required for all
				persons attending an OAH hearing or prehearing conference. Professional attire
				is required for all attorneys and the State's witnesses appearing before an
				administrative law judge.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-22.1 - Use of devices at hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Audio or video recordings including photography, not made by an administrative
				law judge (ALJ) or court clerk, and broadcasting, of any type or means, during
				hearings is prohibited.
(b) The
				ALJ may:
(1) allow the use of personal
				phones, wireless laptops, or other electronic communication devices at his or
				her discretion;
(2) allow limited
				use of devices for a particular purpose;
(3) allow the devices to remain within the
				hearing room only when turned off; or
(4) prohibit such devices being physically
				present during a hearing.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-23 - Official transcript

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office
				of Administrative Hearings: Child Support (OAH), prepares or directs the
				preparation of the official transcript by a licensed court reporter. The party
				seeking a copy of the transcript of the hearing must pay a reasonable deposit
				or adequate indemnity prior to the preparation of the transcript and prepay all
				costs of transcription. The transcript is not furnished prior to:
(1) full payment of all transcription costs;
				or
(2) issuance of an order from
				OAH finding that OAH is to bear the transcription costs.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-24 - Case Record Management

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Audio or video recordings of hearings are the property of the Office of
				Administrative Hearings: Child Support (OAH) and are not available for copying,
				review, or transcription except as described in Oklahoma Administrative Code
				340:2-28-23
				or as otherwise authorized by law. OAH is not required to make or maintain
				video recordings of hearings even if hearings are conducted by
				electronic/digital video conferencing.
(b) OAH manages and disposes of case records
				according to the Oklahoma Statutes and all applicable Oklahoma Department of
				Human Services and Archives and Records Commission administrative rules and
				policy.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-25 - Record for appeal

Current through Vol. 41, No. 20, July 1, 2024
The record for appeal prepared and sent by Office of
				  Administrative Hearings: Child Support (OAH) to the appellate court is those
				  documents included in the designation(s) and counter- designation(s) of record.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-25.1 - Privacy and confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filings under seal.
Although the Office of Administrative
				Hearings: Child Support (OAH) court records are public records, per Section
				32.1 of Title
				12 of the Oklahoma Statutes (12 O.S. § 32.1) and 51 O.S. § 24A.30,
				OAH may order any material in the record sealed, per 12 O.S. § 3226(C)(2)
				and 51 O.S. § 24A.29.
(1) Materials are
				not sealed when the administrative law judge (ALJ) determines that a reasonable
				redaction resolves the issue or that the request is overbroad, such as an
				attempt to seal a general category of materials. When the motion to seal is
				denied, OAH directs that the materials are stricken or unsealed, with or
				without redaction as directed by the ALJ.
(2) Any protective order that authorizes
				materials to be filed or admitted under seal identifies those materials. The
				protective order is accessible to the same extent as any other document in the
				OAH court record.
(3) When the
				motion to seal is granted, OAH retains authority to unseal the material or
				order the person who initially submitted the material to OAH to submit a
				redacted version into the record. This authority may be exercised either upon
				the court's own motion or pursuant to a party's written motion, served upon all
				non-moving pro se parties and attorneys of record, and subsequently approved
				after an ALJ hearing.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-25.2 - Redaction of original paper documents

Current through Vol. 41, No. 20, July 1, 2024
Any original paper document maintained in the Office of
				  Administrative Hearings: Child Support redacted by nontransparent tape, ink, or
				  other media or means is deemed permanently redacted.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-26 - Case numbering

Current through Vol. 41, No. 20, July 1, 2024
(a) Every caseheard
				or addressed by an administrative law judge (ALJ) with the Office of
				Administrative Hearings: Child Support (OAH) must be assigned an OAH case
				number prior to the case being placed on the docket. OAH numbers are generally
				assigned within one- business day after the request is submitted to OAH by the
				district child support office. The case is assigned a number starting with the
				year the case is opened with OAH and a chronological number of the case for
				that year within OAH.
(b) Documents
				are not accepted for filing by OAH unless the OAH number is clearly written on
				the document and the case number corresponds to the named parties assigned to
				the case according to OAH records.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-27 - Pleadings [AMENDED AND RENUMBERED TO 340:2-28-17.2]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended and
				  renumbered to 340:2-28-17.2 at 20 Ok Reg 2033, eff
				  7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-28 - Forms [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-29 - Dismissals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-30 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a) A party seeking
				a continuance must request a continuance from the assigned administrative law
				judge (ALJ) and give notice to the non-movants. If the assigned ALJ is not
				available, the chief ALJ may decide the motion and/or the entire action or
				assign another ALJ to determine the motion and/or the entire action. If an
				action was heard or partially-heard on the record by an ALJ, who is later
				unavailable, the chief ALJ or another ALJ, as designated by the chief ALJ, may
				continue the matter without hearing.
(b) A party does not have the authority to
				continue a matter set on an ALJ's regularly- or specially-scheduled docket.
				Parties may agree to continue a docketed matter with the assigned ALJ's
				approval. Without an agreement, the motion is heard by the assigned
				ALJ.
(c) When an assigned ALJ is
				unavailable for a docket or for an action in a case, the chief ALJ may assign
				another ALJ or may direct that the unresolved matters be continued without a
				hearing.
(d) After one continuance
				is granted for each party, further motions for continuances, unless agreed by
				all parties, are heard by an ALJ assigned to the case and are not granted,
				except for good cause. If the assigned ALJ is not available, the chief ALJ may
				decide the motion and/or the entire action or assign another ALJ to determine
				the motion and/or the entire action. If an action was heard or partially-heard
				on the record by an ALJ, who is later unavailable, the chief ALJ or another
				ALJ, as designated by the chief ALJ, may continue the matter without
				hearing.
(e) All orders for
				continuance must set forth the basis for the continuance.
(f) In emergency situations including, but
				not limited to, severe weather threats and/or impact, the chief ALJ or the
				assigned ALJ, with the chief ALJ's approval, may continue all cases on a docket
				without a hearing.
(g) An assigned
				ALJ or the chief ALJ may continue any case on a docket
sua
				sponte
without a hearing.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-31 - Objections to service and venue

Current through Vol. 41, No. 20, July 1, 2024
Objections to jurisdiction over a person, the issuance of
				  service of notice, or the venue of the action are waived if a party submits to
				  a scheduled hearing or pretrial conference without written objection. The
				  objection may be filed either on paper or through electronic means approved by
				  the Office of Administrative Hearings: Child Support.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff
				  7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-32 - Prehearing conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-33 - Default and agreed judgments

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				default judgment or administrative order may be entered, without formal motion
				or notice of taking of default, when:
(1)
				after statutory requirements for service have been met, a party fails to:
(A) appear for a set hearing date;
(B) file a responsive pleading; or
(C) request a hearing within the statutory
				time allotted; or
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-34 - Matters taken under advisement

Current through Vol. 41, No. 20, July 1, 2024
A decision must be rendered within 20 days after the date the
				  hearing is concluded. [56 O.S. §
									237.8
				  ] In the event the record is left open by order of the administrative law judge
				  (ALJ) after a hearing is concluded, a decision must be rendered 20 days after
				  the last evidence, brief, or memorandum of law is received into the record or
				  the ALJ determines that the record is closed. If the decision is not rendered
				  within this time, the chief ALJ may be advised by either party so that
				  appropriate measures may be taken by the chief ALJ.
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-35 - Uniformity of rulings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-36 - Determining the amount of payments [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-37 - Fraud [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-38 - Notice of support debt [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-39 - Notice of delinquency [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-40 - Notice of Job Finding and Training Programs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 28 - Office of Administrative Hearings: Child Support › Section 340:2-28-41 - Voluntary acknowledgement of debt [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 113,
				  eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Revoked at 20 Ok
				  Reg 2033, eff 7-1-03