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Administrative Subpoena and Notice of Lien Forms – expiring December 31, 2016

AT-13-05

Published: December 20, 2013
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Enforcement, Intergovernmental/Interstate
Types:
Policy, Action Transmittals (AT)
Tags:
Administrative/Judicial Processes, Lien and Levy

ACTION TRANSMITTAL

AT-13-05

DATE:  December 20, 2013

TO: State Agencies Administering Child Support Enforcement Plans under the Title IV-D of the Social Security Act and Other Interested Parties

RE: Administrative Subpoena and Notice of Lien Forms – expiring December 31, 2016

Statutory Reference:  42 U.S.C. 652(a)(11), 42 U.S.C. 654(9)(E), and 42 U.S.C. 666(a)(4).

Background: Section 452(a)(11) of the Social Security Act requires the Secretary of Health and Human Services to promulgate administrative subpoena and notice of lien forms for use in interstate cases. The federal Office of Child Support Enforcement (OCSE) originally developed the forms, which were effective October 28, 1997. The forms were last reviewed and published in 2011 with an expiration date for the Administrative Subpoena of February 28, 2014, and an expiration date for the Notice of Lien of May 31, 2014.

DCL-13-09, dated May 7, 2013, provided information regarding how the child support community could provide comments during the most recent OMB review of the forms.  The comments we received were clarifications and only impacted the instructions of each form.  These revisions do not impact the information collected on the forms or the length of time required to complete them.  OMB reauthorized the revised Administrative Subpoena and Notice of Lien forms until December 31, 2016. 

Changes to Instructions:

Administrative Subpoena

  • We modified instruction 2 to add:  “If you are issuing an administrative subpoena to obtain bulk records for data matching purposes, you may use the “REGARDING” fields as a subject line.” 
  • We also modified instruction 2 to remove:  “If you are issuing an administrative subpoena to obtain bulk records for data matching purposes, you may issue one form accompanied by a list of the individuals about whom you are requesting information.”
  • We modified instruction 3 to add:  “If you are issuing an administrative subpoena to obtain bulk records for data matching purposes or a formal case has not been filed, then this field is optional.”
  • We modified instruction 5 to add:  “If you are issuing an administrative subpoena to obtain bulk records for data matching purposes, this field is optional.”
  • We modified instruction 7 to add:  “If you are issuing an administrative subpoena to obtain bulk records for data matching purposes, you may issue one form accompanied by a list of the individuals about whom you are requesting information.”

Notice of Lien

  • We modified instruction 6 to add:  “Verify that you are entering the correct date for the order that is being used to determine the amount of the lien.”
  • We added a NOTE after instruction 9 to state:  “NOTE:  Instructions 6, 7, 8 and 9 should reference the same order.”
  • We added instruction 12a to read:  “12a.  Since all liens are not recorded and returned to the sender, only follow this instruction if applicable.”

Please begin using the forms with the new OMB expiration dates on our website: Revised Administrative Subpoena form and Notice of Lien form

Superseded Material: OCSE-AT-97-03, OCSE-AT-01-06, OCSE-AT-05-04, OCSE-AT-08-04, OCSE-AT-11-02, OCSE-AT-11-06

Inquiries To: OCSE Regional Program Managers

Sincerely,

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: Tribal IV-D Agencies