Custodial Parent Complaint and Appeal Timelines

DCSS-POL-06-1.2 v.2

 

1. OVERVIEW

1. The purpose of this policy is to provide staff and members of the public a working knowledge of a custodial parents (CP) right to request an administrative review to dispute the distribution and disbursement of support payments displayed on the quarterly CP Notice of Collections.

2. APPLICABILITY

1. This policy applies to all Arizona Title IV-D staff performing Title IV-D services.

3. POLICY

1. The DCSS reviews, acknowledges and sends written determination to a CP in response to a request for administrative review of the distribution and disbursement of support payments. A CP may contest the determination by filing an appeal with the Department of Economic Security (DES) Office of Appeals.

4. CRITERIA

1. CP Complaint Timelines

1. The request must be made in writing and within 30 business days of the date of the CP Notice of Collections.
2. The DCSS must acknowledges the request for administrative review to the CP within 10 business days of the receipt of the request.
3. The DCSS must issue a written determination within 30 business days after the date that the notice of acknowledgment is sent.

1. If additional information is requested, the due date is extended 30 business days from when the additional information was requested.
2. If additional information is requested but not received within 30 business days, the DCSS will issue a written determination within 10 business days based on the information available.

2. CP Appeal Timelines:

1. The appeal of the determination must be made in writing.
2. The CP must file the appeal with the DES Office of Appeals within 30 business days after the date of the DCSS determination.
3. The decision by the administrative law judge at the Office of Appeals becomes final within 15 calendar days of being mailed to all interested parties.
4. The DCSS or the CP may file a request for review of the decision within 30 calendar days of the date the decision was mailed.
5. The DCSS must file a response to the CP’s request for review within 15 calendar days.
6. The DCSS or the CP may appeal a decision made by the Office of Appeals to the Court of Appeals within 30 calendar days of the date the decision was mailed.

If the timelines for the CP are not met, the CP has not met the requirements to request a review or appeal

5. PROCEDURE

1. This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.

6. AUTHORITY

Federal Authority
45 C.F.R. §302.54	Notice of collection of assigned support
45 C.F.R. §303.35	Administrative complaint procedure

State Authority
A.R.S. §23-671	Appeals; tribunals
A.R.S. §25-522	Administrative Review; notice; determination; judicial review; definitions
A.R.S. §41-1061	Contested causes; notice; hearing; records
A.R.S. §41-1062	Hearings; evidence; official notices; power to require testimony and records
A.R.S. §41-1991	Appeals; procedures
A.R.S. §46-408	Assignment of support rights; priority; definitions
A.A.C. R6-7-404	Administrative Review

Return to beginning of the CP Complaint Process and Appeal Timeliness Policy

Policy Revision Date: 2/16/2023

Policy Review Date: 2/16/2023

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