SB 312
Modifies provision relating to administrative child support orders
Sponsor:
LR Number:
1677S.01I
Last Action:
4/19/2011 - SCS Voted Do Pass S Health, Mental Health, Seniors and Families Committee - (1677S.02C)
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2011

Current Bill Summary

SCS/SB 312 - This act gives administrative hearing officers from the Department of Social Services the authority to set aside administrative child support decisions on behalf of the Director to correct oversights and omissions due to mistake of law or fact, surprise, fraud, misrepresentation, excusable neglect or inadvertence. The hearing officer may correct the decision by amendment, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division under the circumstances detailed in the act.

In cases of lack of jurisdiction, the hearing officer may, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division, vacate the administrative order if it is found the order was without subject matter or personal jurisdiction or due process and the order had not been filed with the court and no party has filed a petition for judicial review with the court under the circumstances detailed in the act.

ADRIANE CROUSE

Amendments