Appeals Procedures Subsequent to Disallowance Action by Regional Representatives

Appeals Procedures Subsequent to Disallowance Action by Regional Representatives

ACTION TRANSMITTAL

OCSE-AT-80-09

April 25, 1980

TO:STATE AGENCIES ADMINISTERING STATE PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED ORGANIZATIONS AND AGENCIES

SUBJECT:Appeals Procedures Subsequent to Disallowance Action by Regional Representatives

REGULATION REFERENCE: 45 CFR Part 301, 45 CFR 304.29 and 45 CFR Part 16. (45 CFR Part 301 is currently being recodified by the Department as 45 CFR Part 300)

BACKGROUND: In the past, States were able to request reconsideration of a Regional Representative's disallowance decision from either the Director or Deputy Director, Office of Child Support Enforcement (OCSE). As of March 6, 1978, the Secretary vested in the Departmental Grant Appeals Board the responsibility for the final administrative decision with respect to the reconsideration of disallowances. (See 45 CFR 16.90) States were then able to either request reconsideration directly from the Board or, in the interest of giving them an additional opportunity to present their views on the disallowances, request that a review of the Regional Representative's decision be made by the Director. Under the above procedures, the Director or Deputy Director was obligated to undertake the review if it was requested by the State; however, the Regional Representative was able to terminate the review process by reversing the original disallowance decision.

This Action Transmittal sets forth some modifications to these reconsideration procedures and formally establishes the process by which States may request a review by the Director of any disallowance decision prior to appealing to the Board.

APPLICABILITY: Expenditures for services and activities under Title IV-D of the Social Security Act.

EFFECTIVE DATE:These procedures are applicable to all disallowances made by the Regional Representatives after the date on this Action Transmittal.

INSTRUCTION: The Regional Representative will notify the State Agency by registered letter of all disallowance actions.The letter will set forth the reasons for the disallowance and will advise the State Agency of the available appeal procedures.

I. Appeal to the Departmental Grant Appeals Board

A State may appeal a disallowance decision by filing an application with the Departmental Grant Appeals Board for reconsideration of the decision within thirty (30)* days of the postmarked date of the registered letter from the Regional Representative. This application should include a copy of the disallowance notice. Copies of the entire application should also be sent to the Director and the Regional Representative. This process is in accordance with the provisions of 45 CFR Part 16 and will be conducted according to procedures found in that Part.

II. Request for Review by the Director, Office of Child Support Enforcement

Before appealing a disallowance to the Departmental Grant Appeals Board, the State Agency may ask the Director to review the decision. This request must be made in writing within thirty (30)* days of the postmarked date of the registered letter from the Regional Representative. The request must be sent via registered mail to:

Director, Office of Child Support Enforcement
Attention: Deputy Director
6110 Executive Boulevard
Suite 900
Rockville, Maryland 20852

The request should contain all arguments and evidence which the State wishes the Director to consider in his review. In managing the case to the point of decision by the Director, the Deputy Director will acknowledge receipt of the request on behalf of the Director. If the State has failed to submit arguments and evidence, the Deputy Director will remind the State to do so and allow a reasonable amount of time for a reply.

The request for the review of a disallowance by the Director will have one of the following results:

- The Director may decline to review the disallowance and will so notify the State.

- The Director reviews the disallowance and notifies the State of his decision to affirm, reverse, or otherwise modify the disallowance.

*Upon issuance of 45 CFR Part 300, this will be changed to forty-five (45) days.

- The State agency may, at any time, request that the review by the Director be terminated. This request for termination should be sent to the Director via registered mail.

Following these actions, the State may appeal directly to the Departmental Grant Appeals Board. The thirty (30) day time limit for the State Agency to appeal to the Departmental Grant Appeals Board, as set forth in Section I, is suspended if the State Agency requests the Director's review. The thirty (30)* day period will begin again with the postmarked date of one of the following registered letters:

1. The Director's letter notifying the State Agency that he will not review the matter, or

2. The Director's letter setting forth his decision on the disallowance as a result of the review, or

3. The State Agency's letter notifying the Director to terminate the review.

INQUIRIES TO: OCSE Regional Representatives.

Louis B. Hays
Deputy Director
Office of Child Support Enforcement