OKDHS - OAC 340:25-1-5.1. Administrative complaint procedure

340:25-1-5.1. Administrative complaint procedure

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Revised 7-1-11

(a) Purpose and scope.

(1) The administrative complaint procedure is for Oklahoma Department of Human Services (OKDHS), Oklahoma Child Support Services (OCSS) IV-D customers. OCSS:
- (A) represents the state's economic interest in children;
- (B) does not represent parents, custodial persons, or children. Parents and custodial persons may apply for OCSS services, and OCSS enforces the duties of parents to support their children; and
- (C) considers parents and custodial persons as customers, and treats them with dignity and respect.
(2) The administrative complaint procedure is established under Section 303.35 of Title 45 of the Code of Federal Regulations and is available to Oklahoma customers and those from other states. The purpose is to provide:
- (A) OCSS customers an opportunity to raise concerns about services or treatment received, request an administrative review, and take appropriate action when there is evidence that an error occurred, or an action should have been taken on their case; • 1
- (B) customers a fast and effective procedure for reviewing issues that have no other review process. The intent of the complaint procedure is to provide customers a process to have their cases reviewed and not to require formal administrative hearing processes or adjudication of complaints; and
- (C) an informal rather than a formal hearing process. It does not replace or extend other child support enforcement processes, such as court processes, that are established by federal or state statutes, rules, or regulations. The complaint process is intended to remedy errors, not to allow individuals to dictate action in a case. • 2

(b) Procedure.

(1) Step 1. OCSS encourages any customer with a complaint about an OCSS district office or state office center to address the complaint orally or by letter, fax, or e-mail to the OCSS district or state office for resolution. Interstate customers express their concerns to the IV-D agency in the state where they applied or were referred for services. • 3
(2) Step 2.
- (A) If the customer receives no response or is dissatisfied with the response from the OCSS district or state office, the customer may contact Oklahoma Child Support Services, Attention: Center for Customer Services (CCS), P.O. Box 53552, Oklahoma City, Oklahoma 73152, or fax to 405-522-3685, or e-mail =ocss.customeroutreach@okdhs.org, or telephone 405-522-5871. The customer may describe the complaint on Form 03EN012E, Child Support Comments, (available upon request by telephone, at a district office, or on the OKDHS Internet) that elicits the information listed in (i) through (ix), or by letter, fax, or e-mail, including:
  - (i) first and last name;
  - (ii) standing of the person submitting the complaint, for example, the noncustodial parent, custodial person, biological parent, or an attorney of record or authorized representative on behalf of the noncustodial parent, custodial person, or biological parent;
  - (iii) the first and last names, mailing address, and telephone number of the attorney of record or authorized representative, if any;
  - (iv) Social Security number;
  - (v) child support case number;
  - (vi) mailing address;
  - (vii) telephone number;
  - (viii) an explanation, including names of people and locations, dates, and times of incidents; and
  - (ix) a description of the desired action to resolve the complaint.
- (B) The CCS refers complaints about cases to the OCSS district office or state office center for administrative review. The district office or state office center conducts the administrative review and notifies the customer of the review's results and any actions taken within five days after CCS sends the written complaint. The method of notification is requested by the customer. If contact in the manner requested by the customer is unsuccessful, written notification is made. • 4
(3) Step 3. If the customer is dissatisfied with the response, the customer may ask for further review by submitting a request to the CCS. This request for review may be made by telephone, letter, fax, or e-mail.
- (A) The division director or a designee reviews the complaint, the administrative review of the complaint, and any action taken.
- (B) Within five days after CCS receives the written request for further review, OCSS notifies the customer and the district office or state office center of the results and any actions taken. The method of notification is requested by the customer. If contact in the manner requested by the customer is unsuccessful, written notification is made. The result of this review is the final decision of OCSS. • 5

INSTRUCTIONS TO STAFF 340:25-1-5.1

Revised 7-1-11

1. Oklahoma Child Support Services (OCSS) advises interstate customers to address their concerns to the IV-D agency in the state where they applied or were referred for services. OCSS conducts administrative reviews at the request of the other state IV-D agency.

2. (a) District offices determine appropriate action, as needed, to resolve the complaint, subject to review and modification by the OCSS division director or designed.

(b) Customers include custodial persons, noncustodial parents, biological parents, and their attorneys of record and authorized representatives.

3. Child support offices make complaint procedure notices available to customers. Information about the complaint procedure is available from the OCSS Internet at http://www.okdhs.org/library/forms/default.htm.

4. The managing attorney, office manager, or assistant district attorney in charge of a district office or the manager in charge of a state office center conducts the administrative review or designates an appropriate person per OAC 340:25-5-200.1(c) through (e). The person conducting the administrative review sends a copy of the response to the customer and to the Center for Customer Service (CCS).

5. CCS sends the district office or the state office center a copy of the response and track complaints.

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