SCS/SB 69 - This act grants the authority to administrative hearing officers from the Department of Social Services to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. Such authority to set aside or correct decisions, orders or modifications must be done after written notice and an opportunity to respond to all parties and any objection or response to such motion shall be made in writing within 15 days from the filing of the motion to correct or set aside. The act specifies the conditions and time frame under which the corrections can be made.
Specifically, no order, decision or modification based on errors arising from mistake, fraud, misrepresentation, excusable neglect or inadvertence may be corrected prior to being filed with the court provided the written motion to correct is mailed to all parties and filed within 60 days of the administrative decision, order or proposed decision and order. Any objection or response to the motion shall be filed within 15 days from the mailing of the motion. No decision, order, or proposed modification of a judicial order may be vacated after 90 days from the mailing of the administrative decision, order, or proposed modification of a judicial order.
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 or proposed administrative modification of a judicial order if it is found the order, decision or modification was without subject matter or personal jurisdiction or due process and the order, decision or modification had not been filed with the court.
This act also specifies however, that no corrections shall be made during the court's review of the applicable administrative decision, order or proposed order as authorized under the judicial review procedures for such administrative decisions under Chapter 536, RSMo, except in response to an express order from the reviewing court.
This act is identical to a provision contained in CCS/HCS/SB 100 (2013); CCS/SS/SCS/HCS/HBs 374 & 434 (2013) and substantially similar to SB 739 (2012).