Mo. Code Regs. tit. 13 § 40-100.020

Current through Register Vol. 49, No.12, June 17, 2024

Section 13 CSR 40-100.020 - Administrative Hearings

PURPOSE: This amendment updates terminology, standardizes the timeframes, and provides clarification of the process for administrative hearings. This amendment also includes an explanation of ex-parte communication and procedures for telephone hearings for all parties, including incarcerated parties. The rule is moved from Title 13, Division 30-Child Support Enforcement, to Title 13, Division 40-Family Support Division with this amendment.

PURPOSE: This rule sets forth procedures by which the Family Support Division conducts hearings before its designated hearing officers to resolve disputes between the division and persons from whom the division is seeking to establish or modify an obligation for support or collect an established obligation.

(1) Definitions.

(A) "Obligor" means any person who owes or is alleged to owe a duty of support.

(B) "Administrative hearing" means a hearing to dispute an action taken by the division on a child support matter that is heard by the Administrative Hearings Section of the Division of Legal Services, Department of Social Services.

(C) "Case" means a matter before the Administrative Hearings Section.

(D) "Division" means the Family Support Division and its employees.

(E) "Hearing request" means a request made by a party to the action, who personally or through a representative, requests a hearing according to the procedures set forth under this rule and applicable federal or Missouri statutes and regulations.

(F) "Administrative Hearing Officer" means a person designated by the Missouri Department of Social Services to resolve child support issues in compliance with all federal and state laws and regulations. The Administrative Hearing Officers have the authority to conduct child support hearings on behalf of the Family Support Division on child support matters.

(2) Administrative Hearing Procedures.

(A) All administrative hearings on child support cases will be conducted by an administrative hearing officer designated by the Director of the Department of Social Services pursuant to section 454.475.1, RSMo. Any hearing officer employed by the Department of Social Services, and appointed to the Administrative Hearings Section as a hearing officer to handle child support matters is deemed to have been designated by the Director of the Department of Social Services. The designation by the Director of the Department of Social Services shall expire when employment with the Department of Social Services, Division of Legal Services, ceases or at such time as their duties no longer include responsibility for conducting child support hearings.

(B) Ex-parte communication with the administrative hearing officer from the parties, the division or its employees, or any attorney representing any party to the case is prohibited. Ex-parte communication includes any written or verbal communication with the administrative hearing officer, before or after the hearing, without the presence of all parties about a pending case. Ex-parte communication also includes any written communication that has not been provided to all parties prior to any decision being rendered by the hearing officer on the document. This shall not prevent the parties from sending in hearing exhibits so long as all exhibits are provided to all parties to the case.

(C) Hearings held by the Administrative Hearings Section will be held by telephone. Any party may choose to attend the telephone hearing in-person at the Administrative Hearings Section's office in Jefferson City. The Administrative Hearings Section will not provide transportation to any party to attend a telephone hearing in-person. If a party intends to participate by telephone, the party will need to provide the Administrative Hearings Section with a valid telephone number. If a party is incarcerated at the time of the hearing, the party may either provide a telephone number where the party can be reached on the day and time of the hearing or the party may call in directly to the Administrative Hearings Section. The Administrative Hearings Section will send a letter to all incarcerated parties prior to the hearing providing them with a contact number for the hearing. All parties participating in the telephone hearing will pay their own costs of the call in order to participate. Incarcerated parties will need to make their own arrangements with the correctional institution to participate in the telephone hearing and to provide any exhibits or evidence for the hearing.

(3) Request for Continuance.

(A) In any administrative hearing under this rule, continuances may be granted only by the Administrative Hearings Section. The Administrative Hearings Section, at their discretion, may grant a continuance freely upon the first request for a continuance from any party.

(B) If a party requesting a continuance previously has been granted a continuance, the Administrative Hearings Section shall grant a continuance only upon a clear and present showing that substantive rights of a party in interest will be severely prejudiced by the denial of the request for continuance or for good cause shown as determined by the Administrative Hearings Section.

(C) All requests for continuances filed prior to the hearing date must be in writing, must contain a clear explanation as to why the continuance is needed, and all parties must be notified of the request. If notification to one (1) of the parties is not possible, the request for continuance filed with the Administrative Hearings Section must explain why notification to the parties is not possible. Any request for continuance must provide available dates for the resetting of the hearing date. If necessary, a party may request a continuance at the time of the hearing for good cause as determined by the Administrative Hearings Section.

(4) Default Administrative Decision.

(A) In any proceeding under this rule, the administrative hearing officer may enter a decision in default against any party who has failed to appear, by telephone or in-person, at the proceeding. It shall be the parties' responsibility to provide the division and the Administrative Hearings Section with a current mailing address for notices issued by the Administrative Hearings Section including, but not limited to, hearing notices, continuance notices, and hearing decisions and/or orders, or proposed modification decisions and orders.

(B) The valid entry of a decision in default by the administrative hearing officer may be made in all cases, subject to the defaulting party's right to move that the decision in default be set aside for good cause, but only if the defaulting party gives notice of the good cause to the administrative hearing officer in writing within ten (10) calendar days after the default decision is mailed to all parties. Nothing in this subsection abrogates the rights of the parties under section 454.475, RSMo, to file a motion for correction or motion to vacate with the Administrative Hearings Section.

(C) Any notice mailed to the last-known address of any party in interest will be deemed valid delivery of that notice.

(5) Hearing Requests.

(A) If the parties are entitled to a hearing under federal or state law or regulation or the division has notified the party of the right to a hearing due to an action taken by the division in the administration of the child support program, the division will provide, upon request, a hearing as set forth in section 454.475, RSMo. Any request for hearing must comply with any request procedure as set out in the law or statute authorizing the hearing. For Missouri tax refund offset hearings for the obligor or nonobligated spouse, the notice to contest the tax offset is deemed received ten (10) calendar days after the date on the notice, unless refuted by competent evidence to the contrary. If the parties are entitled to a hearing, but federal or state law or regulation does not provide specific procedures or timelines for when the hearing requests must be made, then the parties to the child support case have thirty (30) calendar days from the date of the notice of the division's action to request a hearing. The hearing request, unless it is for a federal tax refund offset, must be in writing and provided to the division, unless the authorizing law or regulation requires otherwise. Hearing requests on federal tax refund offsets may be verbal or in writing. The division will review the hearing request and may contact the party requesting the hearing in an effort to resolve the issues raised by the hearing request. The parties will be notified in writing if the hearing request is granted, resolved, or denied and the reason for the denial. The division may deny a request for an administrative hearing for any one (1) of the following reasons:

1. The party's hearing request is based solely on issues that have previously been litigated and decided by a court of law;

2. The hearing request was untimely as set forth in either federal or state law or regulation; or

3. The party's request for administrative hearing is based solely on issues which cannot be decided in an administrative hearing including, but not limited to, visitation, legal custody, and nonpaternity.

(B) An administrative hearing need not be held if all disputed matters are resolved before the hearing.

(C) If the Administrative Hearings Section receives multiple hearing requests from the same parties, the Administrative Hearings Section may combine the hearing requests into one (1) hearing.

13 CSR 40-100.020

Adopted by Missouri Register April 1, 2019/Volume 44, Number 7, effective 5/31/2019