13-002 Code Vt. R. 13-161-002-X
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.
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.
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:
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:
In cases involving a Collection Remedy or Debt Amount, the field staff person should explain to the grievant that:
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.
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.
As a public agency of the State of Vermont, OCS is dedicated to serving the public fairly and equitably, and in the most effective way possible. OCS is committed to being responsive and accountable to the public. Further, under current law, an obligor has the right to a review upon written objection to any administrative collection remedy, as long as the objection is within 20 days.
The background of the Administrative Collection Remedy process is as follows: Tax offset programs at both the state and federal level were established in the early 1980s as an automated means for child support agencies to collect past due child support amounts from delinquent obligors with court ordered support obligations. Receipts from the tax offset programs have come to account for a significant proportion of annual OCS collections.
More recently, many new administrative remedies, including credit reporting, lottery offset, administrative liens, and the trustee process have been added. In addition, OCS now has the ability to administratively apply wage withholding and to administratively increase wage withholding for arrearages. Because administrative remedies operate in addition to and independently of court orders, due process requires OCS to provide obligors some means of contesting these collection activities.
The Administrative Review of a Collection Remedy or Debt Amount process is a method of resolving grievances and complaints on these issues as quickly and fairly as possible. The process consists of review and possible resolution at either of the two following levels:
The goal is always to resolve the issue at the lowest possible level of authority.
Please note that, under law, administrative collection remedies may be heard only on the amount or validity of the debt or the identity of the affected individual. Remember that, as noted above, 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 within 30 days, based on advice from the legal staff, of the reason for the determination. 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.
A grievant must file a Request for Administrative Review within 20 days from the receipt of OCS' notice of a proposed action.
A request for an administrative review must be in writing. This can be done on either the Request for Administrative Review form, or on another sheet of paper. If another sheet of paper is used, the individual must include their:
-- name,
-- address,
-- phone number,
-- social security number,
-- brief description of the grievance, and
-- preference for whether to have the review over the telephone, in person, or by mail.
OCS will issue its decisions in writing within 30 days of the review. All OCS decisions will include the identified issues, a recitation of the facts or evidence, and the supervisor's or attorney's conclusions based on the facts and applicable law and regulations. A grievant then has 30 days to appeal the decision to the Family Court. The grievant will be notified if the administrative review was sent to an the out-of-state agency.
All OCS staff have been trained and are prepared to explain the process of administrative review to any custodial party, non-custodial parent or other individual who expresses an interest or might benefit from the process.
An Administrative Review of a Collection Remedy or Debt Amount is limited to a review of an administrative collection remedy, or contesting the amount or the validity of the child support debt owed. Administrative collection remedies include increases in payments, treasury offset, state tax offset, credit reporting, liens, trustee process, and lottery offset.
A request for an Administrative Review of a Collection Remedy or Debt Amount must be done in writing. As noted above, this can be on either the Request for Administrative Review form, or on another sheet of paper. If requested on a separate sheet of paper, the individual must include their:
-- name,
-- address,
-- phone number,
-- social security number,
-- brief description of the grievance, and
-- preference for whether to have the review over the telephone, in person, or by mail.
The request for administrative review must reach OCS within 20 days from the receipt of OCS' notice of an action.
An Informal Review of a Collection Remedy or Debt Amount dispute is conducted by the Intercept Unit, which attempts to resolve the disagreement through informal means. Intercept Unit staff will review the following issues:
Also, in cases in which it is permissible, the Intercept Unit will consider whether issues might be resolved by altering specific administrative remedies (e.g., in hardship cases, the Intercept Unit supervisor could agree to lower the percentage by which the obligor's monthly arrears repayment amount would increase).
If the Intercept Unit staff person is able to resolve the issue informally, they complete an Administrative Review Decision form, and immediately forward it to the Intercept Unit supervisor for review.
The Intercept Unit makes every attempt to resolve the issues contested; however, if the matter cannot be resolved in their informal review within ten days, the case is then elevated to a Formal Review of a Collection Remedy or Debt Amount dispute, and the following steps will apply.
When the case is elevated to a formal review, it is forwarded to the Intercept Unit supervisor, a regional supervisor, an OCS attorney, or the Interstate Unit to forward to the out-of-state agency.
The Intercept Unit supervisor, the regional supervisor, or an OCS attorney will represent OCS in the review and may seek additional assistance from the OCS legal staff.
If the OCS reviewer and grievant are able to resolve this complaint, thus eliminating the need for a formal review, the reviewer will send a letter indicating resolution. The OCS reviewer will schedule a review by sending to the grievant and other interested parties, a written Notice of Administrative Review that sets the date and time of the review. In order to comply with the 30 day scheduling deadline, the reviewer must send the notice as soon as the reviewer receives the grievant's request for administrative review. Time should be allowed:
Individuals have different communication styles with which they feel most comfortable. It is also possible that some individuals may not have transportation to allow them to attend a formal review in person, or that their grievance may be easily handled by sending in copies of evidence which clearly delineate and support their grievance. In order to be responsive to these issues, OCS instructs grievants to indicate their choice of type of review (review by telephone, review in person, and review by mail) when they send in a request for an administrative review.
The Notice of Administrative Review that is sent to the grievant explains the process in greater detail and includes the method of the review.
A formal review by telephone may include multiple parties (such as the custodial party and the non-custodial parent), and may be held as a teleconference.
In order to produce a record of the review to facilitate the reviewer's accuracy in writing the decision, the reviewer will hold the formal review by speakerphone, and will tape record the telephone conference. Since all appeals are de novo, (meaning starting anew; not based on evidence from previous reviews) a transcript need not be made of the tape recording.
If the reviewer is unable to reach the grievant by phone at the scheduled time and number without good cause and the grievant has not asked to reschedule the formal review, the complaint is either dismissed or a default order is entered.
In order to produce a record of the review to facilitate the reviewer's accuracy in writing the decision, the conference will be tape recorded. Since all appeals are de novo, a transcript need not be made of the tape recording.
If the grievant fails to appear for their personal review without good cause, and has not rescheduled the review, the complaint is either dismissed or a default order is entered.
If the grievant believes that their complaint may be resolved by an examination of the written evidence alone, and that no oral or personal discussion or appearance is necessary, the grievant may request a formal review by mail.
The reviewer sends the grievant and other interested parties a Notice of Administrative Review when the request for administrative review is received. The Notice of Administrative Review either acknowledges receipt of the supporting documentation or informs the grievant of the date by which the grievant needs to send copies of all supporting documentation as well as a written explanation of the problem by first class mail. The material must be received in the reviewer's office within ten days. This timeframe allows the grievant to gather any necessary documentation, or to ask for a different date.
If OCS does not receive the materials within the stated time period, and the grievant does not have good cause, the complaint will either be dismissed or a default order entered.
The decision process has two parts:
The final decision, approved by the designee, must be mailed out within 30 days of the date of the formal review.
Once the reviewer has made a decision, the reviewer completes an Administrative Review Decision form and immediately forwards it to the designee (supervising attorney or administrator) for final review.
The designee must review and sign all decisions on Administrative Review of a Collection Remedy or Debt Amount before these reviews are considered final. This must be done within the 30 day period allotted for administrative decisions. The designee may approve, modify or overrule the previous reviewer's decision.
If the designee (the supervising attorney or administrator) approves the reviewer's decision, the designee signs the Administrative Review Decision form. The designee is responsible for mailing it to the grievant and any other interested person.
The designee is also responsible for sending a copy of the signed Administrative Review Decision to the reviewer, putting a copy in the case file, and documenting the mailing of the Administrative Review Decision. The initial reviewer is responsible for documenting a synopsis of the decision.
If the designee modifies or overrules the decision, the designee prepares and signs a revised Administrative Review Decision and explains the change orally to the initial reviewer. The designee is responsible for then sending the Administrative Review Decision to the grievant and any other interested parties, putting a copy of the decision in the case file, and documenting the mailing of the decision. In this case it is the designee (the supervising attorney or administrator), rather than the initial reviewer, who documents a synopsis of the new decision.
A grievant has 30 days to appeal an Administrative Review of a Collection Remedy or Debt Amount decision to the Family Court.
This section describes the procedures to be followed in an Administrative Review of a General Grievance, (a review of internal policies and handling of cases, conducted with management review). This type of review is used for all grievances except those involving collection remedies or the amount or validity of the child support debt.
The Administrative Review of a General Grievance process consists of review by an OCS supervisor with management review and appeal to the Human Services Board.
Administrative Reviews of General Grievances are restricted to actions and decisions of OCS. Situations in which OCS is not able to resolve complaints or grievances because they result from circumstances beyond the OCS' direct control (such as the action or inaction of an out-of-state agency, the inability of a sheriff to serve a complaint, or an action of the court) are not eligible for an administrative review. In cases in which it is determined that the dispute is not subject to review on the above grounds, the supervisor will issue a written explanation of the reason for that determination.
A request for an administrative review must be in writing. This can be done on either the Request for Administrative Review form or on another sheet of paper. If another sheet of paper is used, the individual must include:
-- name,
-- address,
-- phone number,
-- social security number,
-- a brief description of the grievance, and
-- preference for having their review over the telephone, in person, or by mail.
Following the formal review, OCS will issue its decisions in writing on the Administrative Review Decision form. All decisions will include the identified issue, a recitation of the facts or evidence, and the reviewer's conclusions based on the facts and applicable law and/or regulations.
A grievant then has 30 days to appeal the OCS decision to the Human Services Board.
All OCS staff have been trained and are prepared to explain the process of Administrative Review of a General Grievance to any custodial party, non-custodial parent or other individual who expresses an interest or might benefit from the process.
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 both the public assistance child support referral form and the non-public assistance application for child support services, quarterly statements and in notices.
An individual who is aggrieved by an OCS policy as it affects their situation is entitled to a review. Subject matter that may be addressed includes claims that services or benefits have been denied or have not been acted upon with reasonable promptness. This includes such things as allocation and distribution issues, delays in service, and OCS actions in a particular case.
As noted above, 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 within 30 days, based on advice from the legal staff, of the reason for the determination. 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.
A request for an Administrative Review of a General Grievance must be in writing. As noted previously, it can either be done on the Request for Administrative Review form or on another sheet of paper. If the request is on another sheet of paper, the individual must include their:
-- name,
-- address,
-- phone number,
-- social security number,
-- a brief description of the grievance, and
-- preference for having their review over the telephone, in person, or by mail.
As soon as the Intercept Unit receives a written Request for Administrative Review that concerns a grievance other than those involving collection remedies or the validity of a child support debt, they forward the request to the regional supervisor in the region whose case-worker "owns" the case.
Because OCS wishes to resolve all complaints at the lowest possible level, an attempt is made by the involved supervisor to informally resolve the grievance. If the supervisor and grievant are able to resolve the complaint, thus eliminating the need for a formal review, the reviewer will send a letter indicating resolution.
If the regional supervisor is not able to informally resolve the problem, the regional supervisor will refer the review request to any other regional supervisor who, in turn, will schedule the review, mail the Notice of Administrative Review and act as the Reviewer in the case. The involved regional supervisor will represent OCS in the review and may seek the assistance of legal staff.
The reviewer will schedule a review by sending to the grievant a written Notice of Administrative Review that sets the date and time of the review. In order to comply with the 30 day scheduling deadline, the reviewer must send the notice as soon as the reviewer receives the grievant's request for administrative review. Time should be allowed:
An Administrative Review of a General Grievance must be completed and the Administrative Review Decision mailed to the grievant within 60 days of the date that OCS received the written complaint.
As noted above, different people have different communication styles with which they feel most comfortable. It is also possible that some individuals may not have transportation to allow them to attend a formal review in person, or that their grievance may be easily handled by sending in copies of evidence which delineate and support their grievance. In order to be responsive to these issues, OCS instructs grievants to indicate their choice of type of review (review by telephone, review in person, or review by mail) when they send in a request for administrative review.
The Notice of Administrative Review explains the process in greater detail and includes the method of the review.
A formal review by telephone may include multiple parties (such as the custodial parent and the non-custodial parent), and may be held as a teleconference.
In order to produce a record of the review to facilitate the reviewer's accuracy in writing the decision, the reviewer will hold the formal review by speakerphone, and will tape record the telephone conference.
If the reviewer is unable to reach the grievant by phone at the scheduled date, time and number without good cause, and the grievant has not rescheduled the formal review, the complaint is dismissed.
In order to produce a record of the review to facilitate the reviewer's accuracy in writing the decision, the conference will be tape recorded.
If the grievant fails to appear for their personal review appearance without good cause, and has not rescheduled the review appearance, the complaint will be dismissed.
If the grievant believes that their complaint may be resolved by an examination of the written evidence alone, and that no discussion or appearance is necessary, the grievant may request a formal review by mail.
When the reviewer receives the request for administrative review stating the review is to be by mail, the reviewer sends the grievant a Notice of Administrative Review. This notice either acknowledges receipt of supporting documentation or informs the grievant of the date by which the grievant needs to send copies of all supporting documentation as well as a written explanation of the problem by first class mail. The material must be received in OCS within ten days. This timeframe allows the grievant to gather any necessary documentation, or to ask for a different date.
If OCS does not receive the materials within the stated time period, and the grievant does not have good cause, the complaint will be dismissed.
The decision process has two parts:
The final decision, approved by the designee, must be mailed out within 30 days of the date of the formal review.
Once the reviewer has made a decision, the reviewer completes an Administrative Review Decision form, and immediately forwards it to the designee (administrator or supervising attorney) for final review.
The designee must review and sign all decisions on Administrative Review of a General Grievance before these reviews are considered final. This must be done within the 30 day period allotted for administrative decisions. The designee may approve, modify or overrule the previous reviewer's decision.
If the designee (the administrator or supervising attorney) approves the reviewer's decision, the designee signs the Administrative Review Decision form. The designee is responsible for mailing it to the grievant and any other interested person.
The designee is responsible for then sending a copy of the signed decision to the reviewer, putting a copy in the case file, and documenting the mailing of the decision.
The initial reviewer is responsible for documenting a synopsis of the decision once approval is obtained.
If the designee modifies or overrules the decision, the designee prepares and signs a revised Administrative Review Decision form and explains the change orally to the initial reviewer. The designee is then responsible for sending the decision to the grievant and any other interested parties, putting a copy of the decision in the case file, and documenting the mailing of the decision. In this case it is the designee (the supervising attorney or administrator), rather than the initial reviewer, who documents a synopsis of the new decision.
A grievant has 30 days to appeal the OCS decision on a general grievance to the Human Services Board.
CFR:
45 CFR 303.72(e) (Obligor's Right to Contest Federal Tax Offset)
45 CFR 303.72(f) (Contesting Federal Tax Offset in Intrastate Cases)
45 CFR 303.72(g) (Interstate Federal Tax Offset Administrative Review)
45 CFR 303.102(e) (Contesting State Tax Offset)
VSA:
15 VSA 794 (Tax Offsets)
32 VSA 5931-5940 (Vt. Tax Offset Hearings)
33 VSA 4108 (Grievance Procedure)
3 VSA 801-849 (Administrative Procedures Act)
3 VSA 3091 (Human Services Board Hearings)
Other:
OCS Bulletin 93-19 (Administrative Rule on Grievance Procedure)
James D. Benoit v. Secretary, United States Dept. of the Treasury, No. 83 Civ. 34 (D. Vt. Aug. 16, 1985). (1983 Class Action Suit re: legal notice to obligor prior to tax refund offset)
13-002 Code Vt. R. 13-161-002-X
AMENDED: January 19, 2000 (Secretary of State Rule Log #99-81)