Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 161 - OFFICE OF CHILD SUPPORT › Chapter 002 - OCS ADMINISTRATIVE REVIEW › Section 13 161 002 - OCS ADMINISTRATIVE REVIEW

Current through June, 2024
Section 2800 ADMINISTRATIVE REVIEW
This chapter provides a description of the procedures
				  followed in the resolution of complaints and grievances. The Office of Child
				  Support (OCS) provides two types of Administrative Reviews:
-- Administrative Review of a Collection Remedy or Debt
				  Amount, and
-- Administrative Review of a General Grievance
Section
				  2801
				  describes the procedures to be followed in Administrative Reviews of a
				  Collection Remedy or Debt Amount (reviews triggered by the administrative
				  collection action or by a dispute regarding the amount or validity of the child
				  support debt owed).
Section
				  2802
				  describes the procedures to be followed in Administrative Reviews of a General
				  Grievance, (reviews of all grievances except those involving collection
				  remedies or the amount or validity of the child support debt). An example of a
				  General Grievance is a complaint about the manner in which OCS has serviced a
				  case.
State and Federal Regulation References are noted in Section
				  2809.
Section 2800A RIGHT TO AN ADMINISTRATIVE
				REVIEW
All individuals who are involved in a child support case with
				  OCS have the right to request an Administrative Review of actions or decisions
				  made by OCS. A statement of this right is included in notices, quarterly
				  statements, and in both the public assistance child support referral form and
				  the non-public assistance application for child support services.
Please note, however, that the validity of laws and
				  regulations are not subject to review, nor are decisions involving the
				  professional judgment of legal staff. In cases in which it is determined that
				  the dispute is not subject to review on either of these grounds, the Intercept
				  Unit will issue a written explanation of the reasons for the determination,
				  based on advice from the legal staff. Their explanation will include supporting
				  facts. A determination that a dispute is not subject to review will be made
				  only after an in-depth analysis of the situation.
Section 2800B STAFF RESPONSIBILITIES -
				INFORMAL RESOLUTION OF QUERIES AND COMPLAINTS - LINE STAFF LEVEL
Staff in the field are often the first to learn of a
				  potential grievance or complaint. Any staff member can and should resolve
				  problems at this level. Frequently a simple, diplomatic, and clear explanation
				  of OCS policy, how the child support system works, or what the law requires is
				  all the individual wants.
Staff members also resolve other relatively "quick-fix"
				  problems, such as accounting mistakes or misinformation in the case record,
				  either through their own action or by directing the grievant to the appropriate
				  person or unit.
OCS is committed to resolving issues with parents as quickly
				  and informally as possible. In many cases, line staff will be able to resolve
				  complaints. In all cases, line staff will make sure that, if documents are
				  promised, those documents are sent. If an arrears affidavit is promised, line
				  staff will make sure it is completed and sent. A summary of the discussion and
				  any materials sent should always be noted. Even if the issue cannot be
				  resolved, the call can be constructive.
For example, if the complaint has to do with a collection
				  remedy, the line staff will:
1) look
				for irregularity in payment or order information;
2) request proof of payments that the party
				claims have not been credited;
3)
				explain how and when the collection remedy may be used by OCS;
4) offer to send the parent an arrears
				affidavit, a copy of the order or other material from the case or computer
				file.
If it appears that an informal resolution is possible, line
				  staff will follow through on the call. A party shall always be provided with
				  any information relevant to their complaint, including OCS' computation of the
				  debt, and an explanation of the various laws that apply. The staff member
				  immediately informs the individual of the administrative review procedure and
				  sends them a Request for Administrative Review. In order for an administrative
				  review to be scheduled, the individual desiring the review must submit a
				  request in writing.
In all cases, the field staff person should make it clear to
				  the grievant that:
1) within 30 days,
				for telephone and in-person reviews, the grievant will be sent notice of the
				date, time and place of the formal review;
2) within 30 days, for mail reviews, the
				grievant will be sent notice either acknowledging receipt or asking for the
				supporting documentation;
3) the
				grievant may be represented by an attorney;
4) a permanent record of the review
				proceedings will be made.
In cases involving a Collection Remedy or Debt Amount, the
				  field staff person should explain to the grievant that:
1) the grievant should complete the Request
				for Administrative Review form;
2)
				the grievant may request information relevant to the computation of the debt by
				OCS.
All OCS staff have been trained and are prepared to explain
				  the process of Administrative Review of a Collection Remedy or Debt Amount to
				  any custodial party, non-custodial parent or other individual who expresses an
				  interest or might benefit from the process.
All staff who become involved in a complaint (including line
				  staff, supervisory or management level) must document each step of the
				  process.
Section
				2800C SCREENING FORMAL, WRITTEN REQUESTS FOR ADMINISTRATIVE REVIEW
All formal, written requests for an administrative review
				  shall be forwarded to the Intercept Unit, where these requests will be
				  screened. These requests may be in the form of a Child Support Transmittal sent
				  by an out-of-state agency.
Requests for an administrative review concerning a Collection
				  Remedy or Debt Amount are handled by the Intercept Unit workers. They review
				  the grievance informally. If they are unable to resolve the dispute with an
				  informal review, the review is elevated to the formal level and the Intercept
				  Unit forwards the requests for the administrative review to the appropriate OCS
				  supervisor, attorney, or Interstate Unit to forward to the out-of-state agency
				  if based on their action.
The Intercept Unit forwards requests for an administrative
				  review concerning General Grievances to the supervisor in the region handling
				  the case or to the Interstate Unit to forward to the out-of-state agency if
				  based on their action.
Administrative reviews that cover both Collection Remedy or
				  Debt Amount and General Grievance will be handled as one review, assuring both
				  separate issues are addressed and resolved. The combined decision will be
				  issued indicating where the separate issues should be appealed.