SB 1061 Modifies provisions relating to the appeals process for certain programs administered by the Department of Social Services
Sponsor: Bartle
LR Number: 5284S.01I Fiscal Note:
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 3/4/2010 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S525
Title: Calendar Position:
Effective Date: August 28, 2010

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Current Bill Summary


SB 1061 - This act modifies provisions relating to the appeals process for certain programs administered by the Department of Social Services.

APPEAL FROM FAMILY SUPPORT DIVISION

Under current law, any applicant or recipient of benefits or services provided by the Family Support Division may appeal to the director of the division from a decision of a county office. This act provides that the hearing may be held in person or by telephone, teleconference, video conference, or other electronic means at the discretion of the director. When making the decision on whether to hold an in-person hearing, the director shall consider all factors necessary to provide a full and fair hearing, including the applicant's or recipient's ability to communicate by such electronic means, the complexity of the issues involved and the potential number of witnesses to testify at the hearing. Every applicant or recipient shall also be entitled to be present at the hearing, including by any of the listed electronic means.

CHILD SUPPORT ADMINISTRATIVE HEARINGS

At any time after the issuance of a decision and order of the Director of the Division of Child Support Enforcement regarding a support order and prior to either referral of the decision and order to the Attorney General's office or filing of the director's decision and order with the appropriate clerk of the circuit court, certain errors in the decision and support order may be corrected by the agency hearing officer or the hearing officer's supervisor on behalf of the director on their own initiative or on the motion of any party or the division.

After issuance of the decision and order of the director in an administrative hearing proceeding to modify a court order for child support and prior to the filing of the administrative order with the court for approval or the filing of a petition for judicial review, the director, by the agency hearing officer or the hearing officer's supervisor on their own initiative, or on the motion of any party or the division may vacate the administrative order if it is found that the administrative order was issued without subject matter jurisdiction or personal jurisdiction or if the order was issued without affording the parties due process.

ADRIANE CROUSE