Montana Administrative Code

37.62.1903 NOTICE TO OBLIGOR If the CSSD determines that an obligor failed to provide or maintain health or medical insurance coverage pursuant to statute or court or administrative order, or if the obligor fails to provide information concerning such coverage, or both, the CSSD …

37.62.1905 REQUEST FOR HEARING (REPEALED) Authorizing statute(s): 40-5-202, MCA Implementing statute(s): 40-5-208, MCA History: NEW, 1990 MAR p. 1337, Eff. 7/13/90; TRANS, from SRS, 2000 MAR p. 3551; REP, 2017 MAR p. 135, Eff. 1/21/17.

37.62.1907 AMOUNT OF MONETARY SANCTION (REPEALED) Authorizing statute(s): 40-5-202, MCA Implementing statute(s): 40-5-208, MCA History: NEW, 1990 MAR p. 1337, Eff. 7/13/90; AMD, 1991 MAR p. 135, Eff. 2/1/91; TRANS, from SRS, 2000 MAR p. 3551; REP, 2017 MAR p. 135, Eff. 1/21/17.…

37.62.1909 REASONABLE COST OF HEALTH INSURANCE An individual insurance or a health benefit plan is presumed to be available to a parent at a reasonable cost if: the amount payable for individual insurance or health benefit plan premiums does not exceed 5% of that parent's gross i…

37.62.2101 MODIFICATION OF SUPPORT ORDERS The CSSD may conduct a review for modification of a support order which it is enforcing upon a verified written application showing one or more of the criteria for review under 40-5-272, MCA. The party filing an application for a review m…

37.62.2103 AVAILABILITY OF REVIEW For purposes of 40-5-272(4)(a), MCA, a substantial change in circumstances includes, but is not limited to: an increase or decrease of at least 30% in a parent's income for child support, as defined by the Montana child support guidelines, ARM 37…

37.62.2105 HEARING ON DENIAL OF REVIEW REQUEST When a review is denied under ARM 37.62.2103, the parent requesting the review has the right to request a hearing on whether the review was properly denied. The request for hearing shall be made to the CSSD Office of the Administrati…

37.62.2107 PROCEDURE FOR TERMINATING REVIEW OR MODIFICATION AFTER CLOSURE OF IV-D CASE If a IV-D case is closed while a review application or modification action is pending, the CSSD will mail notice to the party who did not open the IV-D case and offer that party the opportunity…

37.62.2109 CHOICE OF LAW All reviews and modifications under this subchapter will be conducted using Montana law, rules, procedures and child support guidelines. Any disputes about the effect or interpretation of Montana law, rules or procedures shall, if possible, be resolved wi…

37.62.2111 TIME FRAME DETERMINATIONS For purposes of determining time frames in reviews and modifications conducted under this subchapter, the following provisions apply: a request for review is received when the CSSD has sufficient information to determine if review is available…

37.62.2113 REQUESTS FOR DISCOVERY Requests for discovery by parties in administrative modification cases must be received in the CSSD Office of the Administrative Law Judge on or before the 10th day after service of a Notice of Review of Child Support Order and Order to Produce F…

37.62.2115 SETTLEMENT CONFERENCE (REPEALED) Authorizing statute(s): 40-5-202, MCA Implementing statute(s): 40-5-202, MCA History: NEW, 1994 MAR p. 2011, Eff. 7/22/94; TRANS, from SRS, 2000 MAR p. 3551; REP, 2006 MAR p. 574, Eff. 2/24/06.

37.62.2117 NEGLIGIBLE CHANGE If the difference between the existing total monthly support order and the proposed support obligation is less than 15%, the change may be considered negligible and the child support provisions of the existing support order need not be modified. Provi…

37.62.2119 MODIFICATION HEARING A party may request a hearing on the Notice of Administrative Review. The request for hearing must be received in the office of the administrative law judge within 20 days after the Notice of Administrative Review is received by the party requestin…

37.62.2121 ADDITIONAL HEARING PROCEDURES To the extent they are not inconsistent with the provisions of this subchapter, the overall hearing procedures set forth in subchapter 9 of this chapter are applicable to administrative hearings under this subchapter. Authorizing statute(s…

37.62.301 APPLICABILITY OF RULES The provisions of this chapter set forth the rules pertaining to administrative actions by the Child Support Services Division (CSSD) under Title IV-D of the Social Security Act, Title 40, chapter 5, MCA, and the applicable provisions of 17-4-105,…

37.62.303 DEFINITIONS For the purposes of this chapter, unless the context requires otherwise, the following definitions apply: Insofar as they are not inconsistent with, or clarified by, the more specific definitions set forth in this chapter, the definitions set forth in 40-5-2…

37.62.305 TELEPHONE COMMUNICATIONS Due to the need for maintaining confidentiality of records, it is essential that the CSSD confirm the identity of persons to whom information is provided. Because a telephone caller's identity cannot be verified, no telephone inquiries concernin…

37.62.307 DISTRIBUTION OF COLLECTIONS Except as provided in (2) and (6), collections of support from all sources, including but not limited to the proceeds from writs of execution, support liens, state tax offsets, and lump sum settlements, will be distributed, to the extent the …

37.62.309 INDEPENDENT SUPPORT ENFORCEMENT CONTRACTOR The CSSD as provided in 40-5-264, MCA, is authorized to enter into cooperative agreements with any person, firm, corporation, association, political subdivision or other department of the state for the purpose of carrying out i…

37.62.501 TERMS AND CONDITIONS Under 40-5-203, MCA, the CSSD will provide services to any obligee or obligor who files an application for services with the CSSD. If public assistance was previously paid to an obligee, the CSSD will continue to provide services to the obligee with…

37.62.705 FEE SCHEDULE As authorized by 40-5-210, MCA, the CSSD adopts the following schedule: for each person, including the child, submitted or resubmitted for paternity blood testing, at the contract rate; for other actual costs and actual expenses incurred by the CSSD in a ju…

37.62.707 WAIVER OR DEFERENCE OF FEES The CSSD may not waive or defer any of the foregoing fees except to encourage expedient, informal dispositions. Authorizing statute(s): 40-5-202, 40-5-210, MCA Implementing statute(s): 40-5-210, MCA History: NEW, 1990 MAR p. 1337, Eff. 7/13/9…

37.62.901 ORGANIZATIONAL STRUCTURE Within the CSSD there is an independent hearings bureau. For the convenient classification and division of business, the hearings bureau is divided into two administrative units consisting of the administrative law judges (ALJs) and the office o…

37.62.903 ASSIGNMENT OF CASES TO ALJ, DISQUALIFICATION AND SUBSTITUTION When a hearing is requested by a party to a contested case, the OALJ will allocate the case file to an ALJ. Except as provided in this rule, once a case is assigned to an ALJ, the case shall be the continuing…

37.62.905 UNIFORMITY, CONSISTENCY AND INDEPENDENCE To achieve and maintain uniformity and consistency in determining contested cases, contested case decisions shall be guided by: applicable sections of the Montana Code Annotated; case law decisions of the Montana supreme court; t…

37.62.907 EX PARTE COMMUNICATIONS Except as provided in (3) , or unless expressly authorized by any rule under this chapter, a presiding ALJ shall not initiate or participate in ex parte communications, directly or indirectly, with any party or with any person who has a direct or…

37.62.909 CONTESTED CASE PROCEEDINGS, ANSWER OR RESPONSE AND REQUEST FOR HEARING Contested cases are initiated by service of a notice as provided in the Montana Administrative Procedure Act, applicable sections of Title 40, chapter 5, MCA and 17-4-105, MCA. Absent service of such…

37.62.911 FILING AND PROOF OF SERVICE Whenever a rule or statute requires or permits a request for hearing, motion, brief, responsive answer or other document relating to the hearing to be filed with the department or the CSSD, the place of filing shall be the OALJ. The location,…

37.62.913 PARTIES Except as provided in (3), a party includes any person served with a CSSD contested case notice. As the entity initiating the proceedings, the CSSD is automatically a party in all contested case proceedings. However, the CSSD, at its discretion, may limit its pa…

37.62.915 REPRESENTATION Any person appearing in a CSSD proceeding may, at the person's own expense, be accompanied, represented and advised by an attorney. To represent a party in a contested case, the attorney must be licensed to practice law in this state or be admitted pro ha…

37.62.917 SERVICE OF SUBSEQUENT NOTICE, MOTIONS, BRIEFS, AND OTHER PAPERS After service of a contested case notice, all subsequent notices including amendments to a contested case notice, motions, briefs and other papers pertaining to a pending administrative action must be serve…

37.62.919 NOTICE OF HEARING, SCHEDULING ORDER AND LOCATION OF HEARING If a request for hearing is timely and properly filed according to these rules, the OALJ shall assign the case to an ALJ and schedule a time, date and place for the conduct of the hearing. The OALJ shall serve …

37.62.921 MOTIONS Prior to entry of an order resolving a contested case notice, a party may seek relief in that case by means of an appropriate motion. Appropriate motions may include motions to dismiss, motions for summary judgment, motions for continuance and similar other moti…

37.62.923 EXTENSIONS OF TIME AND CONTINUANCES Because CSSD contested cases must proceed on an expedited basis, requests for extensions of time and continuances are disfavored and shall not be routinely granted. Extensions of time and continuances will be granted only upon a showi…

37.62.925 AMENDMENTS A contested case notice may be amended by the CSSD at any time before an order is issued resolving the notice. Except when the notice is amended during hearing, the amended notice shall be served on all parties in accordance with ARM 37.62.917. Except as prov…

37.62.927 EVIDENCE The evidence received and considered in CSSD contested cases shall conform to the common law, the statutory rules of evidence and the provisions of 2-4-612 , MCA. A presiding ALJ may receive any evidence offered by a party without ruling on its admissibility at…

37.62.929 OFFICIAL NOTICE Official notice may be taken of: federal law, including the constitution of the United States, congressional acts, resolutions, records, journals, and committee reports, the decisions of federal courts and administrative agencies, executive orders and pr…

37.62.931 PRESUMPTIONS The ALJ may apply the following presumptions when consistent with all surrounding facts and circumstances: the presumptions both conclusive and rebuttable which are set forth in Title 26, chapter 1, part 6, MCA and 40-5-234 , 40-6-105 and 40-6-201 , MCA and…

37.62.933 INVESTIGATIVE SUBPOENA The CSSD may issue an investigative subpoena whenever the CSSD has a right or duty to investigate any matter relating to the location of an obligor, the establishment of paternity and support orders, and the enforcement or modification of a suppor…

37.62.935 HEARING SUBPOENA AND SUBPOENA DUCES TECUM A hearing subpoena is issued in a contested case and directs a person to appear at a particular time and place to testify as a witness. A subpoena duces tecum may also require the person to produce any records, books, documents,…

37.62.937 OTHER DISCOVERY In addition to subpoenas, other methods of discovery shall be available to the parties prior to a contested case hearing. Discovery other than by subpoena is referred to in this rule as "other discovery". Parties may obtain other discovery by one or more…

37.62.939 WITNESS AND EXHIBIT LIST AND EXCHANGE OF EXHIBITS A party must prepare and file with the OALJ a witness and exhibit list when the party intends to present, use, or refer to at hearing: the testimony of any witness other than the party; or any exhibit or other documentar…

37.62.941 PREHEARING STATUS CONFERENCE After a hearing is opened on the record and immediately preceding the presentation of evidence, the presiding ALJ shall conduct, on the record, a case status conference. The purpose of the conference is to: identify those facts which the par…

37.62.943 BURDEN OF PROOF AND STANDARD OF PROOF In all hearings conducted under this chapter, the party proposing that a certain action be taken must prove the facts at issue by a preponderance of the evidence unless the substantive law provides a different burden or standard. A …

37.62.945 PROCEDURE AT HEARING The presiding ALJ shall direct the order of presentation of evidence and cross-examination and shall limit the scope of the hearing in conformity with the prehearing status conference. The ALJ may enter appropriate oral orders during the hearing to …

37.62.947 INTERPRETERS Whenever a party or a witness is unable to understand or speak the English language, and the presiding ALJ determines that this inability may impair the substantial rights of any party to a fair hearing, the ALJ may adjourn the hearing and appoint ex parte …

37.62.949 PROPOSED DECISION, FINAL DECISION AND ORDER Following the close of hearing and the receipt of post-hearing briefs and other evidence ordered by the ALJ, the presiding ALJ shall prepare a proposed decision and order. Copies of the proposed decision and order shall be ser…

37.62.951 MOTION TO REVIEW PROPOSED ORDER Within 20 days after service of a proposed decision and order any party may file a motion to review the order. A motion to review must set out, with specificity, one or more of the following grounds upon which a proposed order may be revi…

37.62.953 BENCH RULINGS In order to more promptly deliver decisions and orders following any hearing in a case, particularly when the hearing does not involve complex factual questions or unique questions of law, the ALJ may, at his or her discretion, issue a bench ruling followi…