(a) Overpayment recipient.  A custodial person, noncustodial parent, or other entity to whom Oklahoma Child Support Services (OCSS) has made an overpayment is an overpayment recipient and owes the amount of the overpayment to OCSS, acting on behalf of the State of Oklahoma.

(b) Fraud.  If an overpayment may have resulted in whole or in part from false or misleading statements, concealed information, willful misrepresentation, or if fraud is otherwise suspected, OCSS reports the information to the Oklahoma Department of Human Services Office of Inspector General for appropriate action.  Action may include, but is not limited to, investigation and criminal prosecution.  • 1 through 4

(c) Recovery amount.

• (1) In order to recover overpayments of any child support, OCSS retains 25 percent of monthly current support payments collected for the recipient and retains the total amount of any arrearage payments collected at any time until the overpayment is recovered in full.  The percent retained can be changed at the discretion of the OCSS director.
• (2) When the custodial person has received his or her full monthly support payment in the same month as an overpayment, OCSS retains the full amount of any subsequent payments for that month up to the amount of the overpayment.  OCSS satisfies any remaining overpayment as set forth in (1) above. 

(d) Notice.  OCSS sends a notice of overpayment and recovery to the recipient of the overpayment.  The notice includes:

• (1) a statement that the recipient received money to which the recipient was not entitled and owes money to OCSS;
• (2) the amount of the overpayment;
• (3) the method of withholding from monthly payments until the overpayment is recovered in full;
• (4) a statement that OCSS may collect the overpayment through any means permitted by law; and
• (5) instructions for requesting in writing an administrative review per OAC 340:25-5-200.1 within 30 days after the date on the notice of overpayment and recovery letter, if the recipient disagrees with the amount of the overpayment.

(e) Other overpayment recovery methods.  OCSS also recovers overpayments, including, but not limited to:

• (1) voluntary payments;
• (2) state income tax refund intercepts per Section 205.2 of Title 68 of the Oklahoma Statutes; and
• (3) lottery prize claims per Section 724.1 of Title 3A of the Oklahoma Statutes.

(f) TANF customers.  In active Temporary Assistance for Needy Families (TANF) cases, when a TANF recipient retains child support receipts, OCSS may make a noncooperation referral to the TANF social services specialist.  OCSS recovers overpayments from TANF customers through voluntary payments, state income tax refund intercepts, and lottery prize claims.

(g) Administrative review and hearing.

• (1) If an administrative review is requested per OAC 340:25-5-200.1, the purpose of the review is to provide the overpayment recipient an opportunity to offer new or additional information regarding the amount of the overpayment.  Upon timely receipt of a written request for an administrative review, the OCSS office conducts the review within 30 days.
• (2) After the administrative review, OCSS issues a notice of administrative review decision and information about requesting an administrative hearing.  The overpayment recipient may request in writing a hearing within 20 days after the date of the administrative review decision.
• (3) Upon timely receipt of a written request for an administrative hearing, OCSS schedules the matter for an administrative hearing before the Office of Administrative Hearings: Child Support (OAH).  OAH conducts a hearing and enters an order determining the contested issues.